these regulations (N.S. Reg. 92/2005) (just regulations regs wapeigg.htm)
N.S. Reg. 92/2005
Nova Scotia — Regulations
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Part II .
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Eigg Mountain-James River Wilderness Area Designation
made under subsection 11(3) of the
Wilderness Areas Protection Act
S.N.S. 1998, c. 27
O.I.C. 2005-165 (April 22, 2005), N.S. Reg. 92/2005
including up to O.I.C. 2026-179 (May 26, 2026), N.S. Reg. 132/2026
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Order approved by O.I.C. 2005-165
Appendix “B”Map Showing Approximate Boundaries of Eigg Mountain-James River
Wilderness Area
Order approved by O.I.C. 2005-536
Appendix “A” Eigg Mountain-James River Wilderness Area
Appendix “B” Town of Antigonish: James River Watershed Lands -Addition to Eigg
Mountain-James River Wilderness Area
Appendix “C” - Consent to Designation of Certain Lands Owned by the Town of Antigonish
as an Addition to Eigg Mountain-James River Wilderness Area
Schedule “A”
Schedule “B”
Schedule “C”
Order approved by O.I.C. 2015-195
Appendix A Map Showing Approximate Boundaries of Addition to Eigg Mountain-James
River Wilderness Area
Order approved by O.I.C. 2022-294
Appendix A Addition to the Eigg Mountain-James Wilderness Area
Order approved by O.I.C. 2026-179
Appendix C Addition to Eigg Mountain-James River Wilderness Area
Order approved by O.I.C. 2005-165
I hereby designate as a wilderness area pursuant to clause 11(3)(
a) of
Chapter 27 of the Acts of
1998, the Wilderness Areas Protection Act , an area of land which shall be known as Eigg
Mountain-James River Wilderness Area, the approximate boundary of which is shown on the
map attached as Appendix “B”. The actual boundary of Eigg Mountain-James River
Wilderness Area shall be described and shown on a description and plan signed by the Director
of Surveys and deposited in the Provincial Crown Lands Record Centre, the signed description
and plan forming part of the designation. The designation shall take effect on the date the
signed description and plan are deposited in the Provincial Crown Lands Record Centre.
Signed: K. Morash
Honourable Kerry Morash
Minister of Environment and Labour
Dated and signed at Halifax, Nova Scotia
March 31, 2005.
Appendix “B”
Map Showing Approximate Boundaries of
Eigg Mountain-James River Wilderness Area
Order approved by O.I.C. 2005-536
Pursuant to clause 11(3)(
c) of
Chapter 27 of the Acts of 1998, the Wilderness Areas Protection
Act , I hereby designate certain lands as an addition to Eigg Mountain-James River Wilderness
Area, which was designated under O.I.C. 2005-165[, N.S. Reg. 92/2005,] on April 22, 2005.
The additional lands hereby designated, together with the lands previously designated under
O.I.C. 2005-165, are described in Appendix “A” and shown as “Town of Antigonish: James
River Watershed Lands (1340 ha +)”, and “Eigg Mountain-James River Wilderness Area
(4130 ha +)”, on Town of Antigonish: James River Watershed Lands - Addition to Eigg
Mountain-James River Wilderness Area , attached as Appendix “B”. The written consent of the
landowner for the designation of these additional lands is attached as Appendix “C”. All
appendices attached hereto form part of the designation. The designation shall take effect on
the date the signed description and plan are deposited in the Provincial Crown Lands Record
Centre.
Sgd: K. Morash
Signed: Kerry Morash
Minister of Environment and Labour
Dated and signed at Halifax, Nova Scotia
November 8 th 2005.
Appendix “A”
Eigg Mountain-James River Wilderness Area
ALL that certain tract of land and land covered by water shown outlined in bold line and
identified as either “Town of Antigonish (See Note)” or “Wilderness Area” shown on Field Plot
P-050/05, entitled Eigg Mountain-James River Wilderness Area , filed at the Crown Lands
Records Centre, Department of Natural Resources Office at Halifax, under C.L.R. E-21-32, said
tract of land located at James River, Antigonish County, Province of Nova Scotia.
CONTAINING an approximate total area of 5470 hectares.
Appendix “B”
Town of Antigonish: James River Watershed Lands -
Addition to Eigg Mountain-James River Wilderness Area
Appendix “C” - Consent to Designation of Certain Lands Owned by
the Town of Antigonish as an Addition to Eigg
Mountain-James River Wilderness Area
Town of Antigonish
274 Main Street
Antigonish, N.S.
B2G 2C4
July 18, 2005
Honourable Kerry Morash
Minister of Environment and Labour
PO Box 697, 5151 Terminal Road, 6th floor
Halifax, Nova Scotia
B3J 2T8
RE: Consent to the Designation Under the Wilderness Areas Protection Act , S.N.S. 1998,
c. 27 of Certain Lands Owned by the Town of Antigonish
Dear Minister Morash:
WHEREAS the Town of Antigonish (the “Town”) is the operator of the James River Water
Treatment Plant and associated infrastructure, including dam and impoundment;
AND
WHEREAS the Town is the waterworks operator responsible for protection of the James
River Watershed Protected Water Area, under
Section 106 of the Environment Act;
AND
WHEREAS the Town has the responsibility for planning for future capacity and viability
of its water supply, including the possibility of creating a second dam and impoundment and
utilizing or expanding the water works infrastructure in order to generate and distribute hydro-electricity;
AND
WHEREAS the Town has acquired a significant amount of land within the James River
Watershed in order to protect, manage, and develop its water supply;
designation under the Wilderness Areas Protection Act of certain Town-owned lands within and
surrounding the James River Watershed as part of the Eigg Mountain-James River Wilderness
Area is compatible with the Town’s interests in protection and management of the James River
Watershed for the purposes of supplying water to the Town;
hereto as
Schedule “A”, to the designation by the Province of Nova Scotia, as represented by
the Minister of Environment and Labour, of the lands described in Schedules “B” and “C”
attached hereto and consisting of properties referenced by Property Identification Numbers
(PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256 (162 +/- ha), 01241223
(97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha), 01241249 (27 +/- ha), 10010346
(32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha), 10069193 (21 +/- ha), 01200344
(43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha), 10036028, (4 +/- ha), and 10036036
(20 +/- ha) as Wilderness Area pursuant to clause 11(3)(
c) of the Wilderness Areas Protection
Act , S.N.S. 1998, C. 27, said Wilderness Area to be added to, and to be known as part of, Eigg
Mountain-James River Wilderness Area, designated under Order in Council 2005-165 on
March 31, 2005, all schedules attached hereto forming part of the consent.
Signed,
July 15, 2005 sgd: E. Kathleen Chisholm
Date For the Town of Antigonish
July 15, 2005 sgd: Brian R. MacNeil
Date For the Town of Antigonish
Schedule “A”
Province of Nova Scotia, as represented by the Minister of Environment and Labour, of
Certain Town-owned Lands Pursuant to clause 11(3)(
c) of the Wilderness Areas Protection
Act , S.N.S. 1998, c. 27.
1. The consent of the Town of Antigonish (“the Town”) to the designation of lands under
the Wilderness Areas Protection Act is granted only for the properties described in
Schedules “B” and “C” (the “designated Town lands”), and referenced by Property
Identification Numbers (PIDs) 01208198 (324 +/- ha), 01241264 (243 +/- ha), 01241256
(162 +/- ha), 01241223 (97 +/- ha), 01304922 (49 +/- ha), 01241231 (231 +/- ha),
01241249 (27 +/- ha), 10010346 (32 +/- ha), 10007078 (0.3 ha), 01200328 (16 +/- ha),
10069193 (21 +/- ha), 01200344 (43 +/- ha), 01200336 (88 +/- ha), 01297829 (4 +/- ha),
10036028 (4 +/- ha), and 10036036 (20 +/- ha).
2. The Town’s consent is subject to the provisions of the James River Watershed Protected
Water Area Designation and Regulations , NS Reg. 218/88, made under subsections
106(5) and (6) of the Environment Act , S.N.S. 1994-95, c. 1, which prohibit or regulate
certain activities in the James River Watershed Protected Water Area. Furthermore, for
greater certainty, the provisions of the aforementioned regulations will continue to apply
on the Town lands, even where activities so prohibited or regulated would otherwise be
permitted under the Wilderness Areas Protection Act .
3. The Town’s consent is granted for a period of five (5) years beginning on July 15, 2005,
and shall be automatically renewed on July 15, 2010, for a further five (5) year period,
and on July 15, 2015, shall be automatically granted in perpetuity, unless, at least 180
days prior to a renewal date, the Town provides notice in writing to the Minister that it
intends to revoke its consent respecting some or all of the designated Town lands, or
designated Town lands. The Town’s consent is granted under the further condition that,
in the event that the Town gives timely notice prior to one of the two renewal dates that
it intends to revoke its consent respecting some or all of the designated Town lands, the
Minister of Environment and Labour (“the Minister”) will undertake the actions
necessary under the Wilderness Areas Protection Act to revoke the designation within a
reasonable time.
4A. The Town reserves the right to decide, at any time, whether and to what extent
i) regulations made pursuant to
Section 39 of the Wilderness Areas Protection
Act shall apply to the designated Town lands;
ii) management plans made pursuant to
Section 15 of the Wilderness Areas
Protection Act shall apply to the designated Town lands; and
iii) activities authorized under Sections 19, 20, 21, 22, 23, 24, and 26 of the
Wilderness Areas Protection Act shall apply to or be permitted to occur on
the designated Town lands.
4B. To exercise the right in
Section 4A, the Town shall provide written notice to the Minister
requesting that a regulation or management plan or provision thereof not apply to, or an
activity otherwise permitted to occur under the Wilderness Areas Protection Act not be
permitted to occur on, the designated Town lands. Upon receipt of said notice, the
Minister shall take all necessary steps to ensure the Town’s request is granted within a
reasonable period of time.
Where such a request has been previously granted, the Town may at any time, by
providing written notice to the Minister, request that its earlier request be revoked, and
the Minister shall take all necessary steps to ensure the Town’s earlier request is revoked
within a reasonable period of time.
4C. In the absence of the Minister receiving express written notice from the Town, any
aforementioned regulation, management plan, or activity shall apply to or be allowed to
occur on the designated Town lands in the same manner as in the remainder of the Eigg
Mountain-James River Wilderness Area.
4D. The Minister shall provide written notice to the Town of any regulations made or
intended to be made pursuant to
Section 39 and management plans made or intended to
be made pursuant to
Section 15. Any such regulations or management plans shall take
effect on the designated Town lands 180 days following the provision of such notice,
except where the Town provides its written consent to an earlier application date, or the
Town provides written notice of its objection to the application of these regulations or
management plans to some or all of the designated Town lands.
5. Notwithstanding anything in the Act, but subject to any other applicable statute or
regulation, the Town reserves the right to undertake such activities and developments as
are reasonably necessary for the development, operation, maintenance, expansion,
restoration, repair, or dismantling ofthe Town’s municipal water supply, including, but
not limited to
(
a) forestry operations for the purpose of watershed protection;
(
b) the creation of fire ponds for the purpose of fire fighting capability and to
carry out other fire prevention activities;
(
c) the construction of a second reservoir impoundment area, including a dam
and other reservoir-related infrastructure, water pipelines and roadways
needed for maintenance and/or construction activities; and
(
d) the construction of hydro-electric power generation and related
infrastructure, including power transmission lines, as well as roadways
needed for maintenance and/or construction activities.
Prior to exercising any of the above-mentioned rights, the Town agrees to inform and
consult with the Minister regarding its intentions for the designated Town lands.
6. The Town may post signs upon posts at intervals along the boundary of the designated
Town lands as required to enable the Town to meet its obligations under the
Environment Act with respect to the James River Watershed Protected Water Area.
7. The Town may use motorized vehicles, including all-terrain vehicles (ATVs) and
snowmobiles on existing roadways on the designated Town lands, for the sole purpose
of maintaining and protecting the James River Watershed.
8. The Town may operate motorized boats on watercourses on the designated Town lands
for the sole purpose of maintaining and protecting the James River Watershed.
9. The Town may blaze the boundaries of the James River Watershed Protected Water
Area as necessary, to maintain the boundaries, including marking, blazing and cutting of
trees.
10. The Town may carry out such activities on the designated Town lands as are required in
an emergency situation, in order to fulfill their obligations as waterworks operator,
provided that care is taken to have the least environmental impact possible in the
circumstances and that efforts are made to inform and consult with the Minister as soon
as possible.
11. The Town reserves the right to disallow public access to the designated Town lands for
any reason, including, but not limited to, concerns regarding the health and safety of
people or the water supply, wildlife, forests, watercourses, or occupiers’ liability, and
undertakes to provide public notice thereof through erection of signage, fencing, or other
appropriate means.
12. The Town hereby agrees to at all times indemnify and save harmless Her Majesty the
Queen in right of the Province of Nova Scotia and the Minister from and against all
claims, demands, losses, costs, debts, damages, actions, suits, or other proceedings by
whomever made, sustained, brought, or prosecuted in any manner based upon,
occasioned by, arising out of, or attributable in any way to the performance or purported
performance of the Town, its servants, agents, or independent contractors, of the Town’s
obligations and activities to protect and maintain the James River Watershed Protected
Water Area.
13. The Town’s consent is granted on the condition that the Province shall at all times
indemnify and save harmless the Town from and against all claims, demands, losses,
costs, debts, damages, actions, suits, or other proceedings by whomever made, sustained,
brought, or prosecuted in any manner based upon, occasioned by, arising out of, or
attributable in any way to the performance or purported performance of the Province, its
servants, agents, or independent contractors of the Province’s obligations and activities to
protect and manage the Eigg Mountain-James River Wilderness Area.
Schedule “B”
[The documents in
Schedule “B” of Appendix “C” to the order approved by O.I.C. 2005-536 are not
available in this format. For a hard copy of these documents, contact the Office of the Registrar of
Regulations .]
Schedule “C”
[The documents in
Schedule “C” of Appendix “C” to the order approved by O.I.C. 2005-536 are not
available in this format. For a hard copy of these documents, contact the Office of the Registrar of
Regulations.]
Order approved by O.I.C. 2015-195
I, Randy Delorey, Minister of Environment for the Province of Nova Scotia, pursuant to clause
11(3)(
b) of
Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act , hereby
designate an area of Crown land at Eigg Mountain, Antigonish and Pictou Counties, with
approximate boundaries as shown on the map attached as Appendix A, as an addition to Eigg
Mountain-James River Wilderness Area, designated by the Minister of Environment and
Labour and approved by the Governor in Council by Order in Council 2005-165 dated April 22,
2005, N.S. Reg. 92/2005.
The actual boundaries of the designated additional area shall be as described and shown on a
description and plan signed by the Director of Surveys and deposited in the Provincial Crown
Land Information Management Centre, formerly known as the Provincial Crown Land Records
Centre, the signed description and plan forming part of this designation.
This designation of additional land is effective on and after the later of the date it is approved by
the Governor in Council and the date the signed boundary description and plan are deposited in
the Provincial Crown Land Information Management Centre in accordance with subsection
11(3) of the Act.
Dated and made at Halifax Regional Municipality, Province of Nova Scotia, March 24, 2015.
sgd: Randy Delorey
Honourable Randy Delorey
Minister of Environment
Appendix A
Map Showing Approximate Boundaries of
Addition to Eigg Mountain-James River Wilderness Area
Order approved by O.I.C. 2022-294
I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova
Scotia, pursuant to clause 11(3)(
b) of
Chapter 27 of the Acts of 1998, the Wilderness Areas
Protection Act , hereby designate an area of Crown land in Halifax County, with approximate
boundaries as shown on the map attached as Appendix A, as an addition to Eigg Mountain-James River Wilderness Area, originally designated by Order in Council 2005-165 dated April
22, 2005, N.S. Reg. 92/2005.
The actual boundaries of the designated additional area shall be as described and shown on a
description and plan signed by the Director of Surveys and deposited in the Provincial Crown
Land Information Management Centre, formerly known as the Provincial Crown Lands Record
Centre, the signed description and plan forming part of this designation.
This designation is effective on and after the later of the date it is approved by the Governor in
Council and the date the description and plan are deposited in the Provincial Crown Land
Information Management Centre.
Dated and made at Halifax Regional Municipality, Province of Nova Scotia, November 16,
sgd. Timothy Halman
Honourable Timothy Halman
Minister of Environment and Climate Change
Appendix A
Addition to the Eigg Mountain-James Wilderness Area
Order approved by O.I.C. 2026-179
I, Timothy Halman, Minister of Environment and Climate Change for the Province of Nova
Scotia, pursuant to clause 11(3)(
b) of
Chapter 27 of the Acts of 1998, the Wilderness Areas
Protection Act , hereby designate an area of Crown land in Antigonish County, with
approximate boundaries as shown on the map attached as Appendix C, as an addition to Eigg
Mountain-James River Wilderness Area, originally designated by the Minister of Environment
and Labour and approved by the Governor in Council by Order in Council 2005-165 dated
April 22, 2005, N.S. Reg. 92/2005.
The actual boundaries of the designated additional area shall be as described and shown on a
description and plan signed by the Director of Surveys and deposited in the Provincial Crown
Land Information Management Centre, formerly known as the Provincial Crown Lands Record
Centre, the signed description and plan forming part of this designation.
This designation of additional land is effective on and after the later of the date it is approved by
the Governor in Council and the date the description and plan are deposited in the Provincial
Crown Land Information Management Centre.
Dated and made at Halifax Regional Municipality, Province of Nova Scotia, March 12, 2026.
sdg. T. Halman
Honourable Timothy Halman
Minister of Environment and Climate Change
Appendix C
Addition to Eigg Mountain-James River Wilderness Area
Legislative History
Reference Tables
Eigg Mountain-James River Wilderness Area
Designation
N.S. Reg.
92/2005
Wilderness Areas Protection Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Eigg Mountain-James River Wilderness Area Designation made
under the Wilderness Areas Protection Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
92/2005
unknown
date
specified (date deposited in Provincial Crown Lands Record Centre)
May
13, 2005
224/2005
unknown
date
specified (date deposited in Provincial Crown Lands Record Centre)
Dec
23, 2005
253/2015
unknown
date
specified
(later
of date approved [June 16, 2015] and date deposited in Provincial Crown Land
Information Management Centre)
Jul
10, 2015
271/2022
unknown
date
specified
(later
of date approved [Dec 9, 2022] and date deposited in Provincial Crown Land
Information Management Centre)
Dec 30, 2022
132/2026
unknown
date
specified
(later
of date approved [May 26, 2026] and date deposited in Provincial Crown Land
Information Management Centre)
Jun 12, 2026
The following regulations are not
yet in force and are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
Order approved by O.I.C. 2005-536
ad. 224/2005
Order approved by O.I.C. 2015-195
ad. 253/2015
Order approved by O.I.C. 2022-294
ad. 271/2022
Order approved by O.I.C. 2026-179
ad. 132/2026
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections
Note
Effective
date
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.