Last month, Nova Scotia passed the #Biodiversity Act – “An Act to Provide for the Conservation and Sustainable Use of Biodiversity in Nova Scotia”. This important act largely flew under the radar, so we need to give this some attention on #BiodiversityDay 2021. A thread. 1/16
It's a good news-bad news story.
Congratulations to @ecelaw and @EcologyAction, who did critical research and government outreach that facilitated the passage of Canada’s first dedicated Biodiversity Act. 2/16
Why is this law important? This is the first statute in Canada devoted to the protection of biodiversity in the full meaning of the word. 3/16 cbc.ca/news/canada/no…
To put this in perspective, there are no biodiversity laws in Canada. Biodiversity is "taken care of" thru a variety of laws/programs around protected areas, species at risk, mgmt of fishing & hunting, and resource sector rules focused on mitigating, not avoiding impacts. 4/16
The first attempt to introduce this Act was in 2019, but it was withdrawn amid concerns about inadequate consultation. After the most recent election, Bill 4 was brought back in March 2021. But opposition rapidly materialized. 5/16
cbc.ca/news/canada/no…
Within only two weeks, the government introduced significant changes that reduced Bill 4 by half and removed all prohibitions and enforcement measures. So while it is ground-breaking, the law that ultimately passed is less than it could have been. 6/16
cbc.ca/news/canada/no…
@joan_baxter has done a good job of documenting a “relentless ‘Stop Bill 4’ ad campaign to sabotage the Biodiversity Act before it had even had its day in front of the Law Amendments Committee where everyone could have their say” 7/16
halifaxexaminer.ca/province-house…
And as explained by @lisa_ecelaw, not only is there ample reason for a statute like this, but the reasons for opposition were in large part unfounded. 8/16
ecelaw.ca/blog/nova-scot…
The passage of this #Biodiversity act still signifies an important event in at least two ways:
First, the words of the statute itself are unique in including a complete definition of biodiversity -- with all its elements – which must be managed for future generations…9/16
…and it also contains an explicit acknowledgement that conservation and sustainable use of biodiversity is a “complex, cross-cutting imperative” that is not being addressed by the patchwork of existing laws. 10/16
And although much of that language is restricted to a long preamble, there is some strong language in the purpose section, e.g., the inherent value of biodiversity, the need for an integrated approach, and importance of reducing direct pressures. 11/16
nslegislature.ca/legc/bills/63r…
The 2nd reason to pay attention to this event relates to the controversy of its passage, when enormous pushback generated by an organized industry-sponsored campaign was successful in pressuring the NS govt to significantly weaken the bill. 12/16
The Act will come into force in Oct. Regulations still need to be developed and it will undergo review in 5 yrs. For now, it merely grants the Min. of Environment the power to take certain actions, like setting up “biodiversity management zones” 13/16.
cbc.ca/news/canada/no…
On #BiodiversityDay 2021, we know much more is needed to address the Biodiversity Crisis in Canada, so while this step to create a dedicated law by Nova Scotia is encouraging, it is a largely performative step at this time. And more will be needed. 14/16
Look out for a paper by Justina Ray, @jaimegrimm and @Andreaolive in @FACETSjournal next month, “The Biodiversity Crisis in Canada: Failures and Challenges of Federal and Sub-National Strategic and Legal Frameworks" 15/16
Declining biodiversity trends in many areas of the country indicate that Canada is not being effective in confronting or addressing the biodiversity crisis within its borders in spite of the many statues that include provisions to do so. 16/16

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