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Boat Harbour is a body of water on the
Northumberland Strait The Northumberland Strait (French: ''détroit de Northumberland'') is a strait in the southern part of the Gulf of Saint Lawrence in eastern Canada. The strait is formed by Prince Edward Island and the gulf's eastern, southern, and western sho ...
in
Pictou County Pictou County is a county in the province of Nova Scotia, Canada. It was established in 1835, and was formerly a part of Halifax County from 1759 to 1835. It had a population of 43,657 people in 2021, a decline of 0.2 percent from 2016. Furthermo ...
,
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
. Originally a tidal
estuary An estuary is a partially enclosed coastal body of brackish water with one or more rivers or streams flowing into it, and with a free connection to the open sea. Estuaries form a transition zone between river environments and maritime environment ...
, construction of a pulp and paper waste effluent treatment facility in the 1960s led to the pollution of the harbour and the source of ongoing environmental concern. Treated water takes about 30 days to reach the Northumberland Strait. Since the treatment system began operation in 1967, Boat Harbour has become polluted with
dioxin Dioxin may refer to: * 1,2-Dioxin or 1,4-Dioxin, two unsaturated heterocyclic 6-membered rings where two carbon atoms have been replaced by oxygen atoms, giving the molecular formula C4H4O2 *Dibenzo-1,4-dioxin, the parent compound also known as ...
s,
furan Furan is a heterocyclic organic compound, consisting of a five-membered aromatic ring with four carbon atoms and one oxygen atom. Chemical compounds containing such rings are also referred to as furans. Furan is a colorless, flammable, highly ...
s,
chloride The chloride ion is the anion (negatively charged ion) Cl−. It is formed when the element chlorine (a halogen) gains an electron or when a compound such as hydrogen chloride is dissolved in water or other polar solvents. Chloride salts ...
,
mercury Mercury commonly refers to: * Mercury (planet), the nearest planet to the Sun * Mercury (element), a metallic chemical element with the symbol Hg * Mercury (mythology), a Roman god Mercury or The Mercury may also refer to: Companies * Merc ...
and other
toxic heavy metal A toxic heavy metal is any relatively dense metal or metalloid that is noted for its potential toxicity, especially in environmental contexts. The term has particular application to cadmium, mercury and lead, all of which appear in the World He ...
s. It is considered to be one of Nova Scotia's worst cases of
environmental racism Environmental racism or ecological apartheid is a form of institutional racism leading to landfills, incinerators, and hazardous waste disposal being disproportionally placed in communities of colour. Internationally, it is also associated with ...
. In 2015, the ''Boat Harbour Act'' wrote into law that the pulp and paper mill cease effluent treatment no later than January 31, 2020; soon after this took effect, the mill closed indefinitely. The Boat Harbour Remediation Project aims to return Boat Harbour to its original state as a tidal estuary. Pilot scale testing has been completed and the project is undergoing a federal
environmental assessment Environmental Impact assessment (EIA) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental imp ...
and cleanup is expected to begin in 2021. Boat Harbour is fed by several freshwater streams from spruce woodlands. Known as A'se'k (
IPA IPA commonly refers to: * India pale ale, a style of beer * International Phonetic Alphabet, a system of phonetic notation * Isopropyl alcohol, a chemical compound IPA may also refer to: Organizations International * Insolvency Practitioners ...
) in the
Mi'kmaq language The Mi'kmaq (also ''Mi'gmaq'', ''Lnu'', ''Miꞌkmaw'' or ''Miꞌgmaw''; ; ) are a First Nations people of the Northeastern Woodlands, indigenous to the areas of Canada's Atlantic Provinces and the Gaspé Peninsula of Quebec as well as the northe ...
, it was historically used by
First Nations First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
people for fishing, clam digging, hunting and recreation, as well as a harbour for boats used to fish in the Northumberland Strait.
Pictou Landing First Nation Pictou Landing First Nations is a Mi'kmaq First Nations in Canada, First Nation band government in Nova Scotia, Canada. Their territory spans five Indian reserves, reserves that have a combined area of . As of September 2017, the Mi'kmaq populatio ...
have their main reserve,
Fisher's Grant 24 Fisher's Grant 24 is a Mi'kmaq reserve located in Pictou County, Nova Scotia. It is solely used by the Pictou Landing First Nation Pictou Landing First Nations is a Mi'kmaq First Nation band government in Nova Scotia, Canada. Their territor ...
, adjacent to Boat Harbour, and two other unpopulated reserves nearby.


Effluent treatment facility

In the 1960s a kraft pulp mill was constructed by
Scott Paper Company The Scott Paper Company was the world's largest manufacturer and marketer of sanitary tissue products with operations in 22 countries. Its products were sold under a variety of well-known brand names, including ''Scott Tissue'', ''Cottonelle'', ...
at Abercrombie Point, to the west. Keen to promote economic growth, the
provincial government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or ...
led by Robert L. Stanfield agreed to take responsibility for
effluent Effluent is wastewater from sewers or industrial outfalls that flows directly into surface waters either untreated or after being treated at a facility. The term has slightly different meanings in certain contexts, and may contain various pollut ...
leaving the mill for a period of 30 years, and turned Boat Harbour into a
settling pond A settling basin, settling pond or decant pond is an earthen or concrete structure using sedimentation to remove settleable matter and turbidity from wastewater. The basins are used to control water pollution in diverse industries such as agricult ...
by constructing a dam across its mouth. In 1967,
Pictou Landing First Nation Pictou Landing First Nations is a Mi'kmaq First Nations in Canada, First Nation band government in Nova Scotia, Canada. Their territory spans five Indian reserves, reserves that have a combined area of . As of September 2017, the Mi'kmaq populatio ...
were compensated $65,000 for future use of the harbour. A pipeline was dug that carries pulp mill waste from the mill site at Abercrombie Point, under the East River, to the treatment facility at Pictou Landing. Within days of the mill's operation, aquatic life began dying and the water level rose by , flooding of reserve lands. In 1971 two settling ponds and an aerated stabilisation basin were constructed where the effluent entered the
lagoon A lagoon is a shallow body of water separated from a larger body of water by a narrow landform, such as reefs, barrier islands, barrier peninsulas, or isthmuses. Lagoons are commonly divided into ''coastal lagoons'' (or ''barrier lagoons'') a ...
. In 1975, a pipeline replaced the ditch that effluent flowed through before entering the system. Canso Chemicals, a
chlor-alkali The chloralkali process (also chlor-alkali and chlor alkali) is an industrial process for the electrolysis of sodium chloride (NaCl) solutions. It is the technology used to produce chlorine and sodium hydroxide (caustic soda), which are commod ...
facility situated on the mill property from 1971 to 1992, also used Boat Harbour to dispose of its effluent. It produced chlorine, caustic soda, and hydrogen for use at the mill. During the 1970s the plant was unaccountably losing several tons of mercury each year, with a peak loss of five tons in 1975. This loss has never been resolved, leading to concerns that it may have found its way into Boat Harbour. Settled material from the facility is normally dredged and buried off-site, but some has been dried and burned in the mill's power boiler under 'test permits'. In 1977 the Pictou Landing Band began considering legal options, but it wasn't until 1986 that they filed against the federal government, their position strengthened by the 1984 case of ''
R v Guerin ''Guerin v The Queen'' 9842 S.C.R. 335 was a landmark Supreme Court of Canada decision on Aboriginal rights where the Court first stated that the government has a fiduciary duty towards the First Nations of Canada and established Aboriginal title t ...
'' in which the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
confirmed the government's
fiduciary duty A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for exampl ...
to
status Indian The Indian Register is the official record of people registered under the ''Indian Act'' in Canada, called status Indians or ''registered Indians''. People registered under the ''Indian Act'' have rights and benefits that are not granted to othe ...
s. In 1993 the federal government settled out of court for $35 million, some of which was paid to individual band members and some to a trust fund for future use. In 1995 the provincial government agreed to extend its contract with the mill to handle the effluent, and in return to hand over nearby
Crown land Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. ...
s to the band. It also agreed to close the facility in 2005 and return the harbour to its natural condition. In 1997, the mill was taken over by
Kimberly-Clark Kimberly-Clark Corporation is an American multinational personal care corporation that produces mostly paper-based consumer products. The company manufactures sanitary paper products and surgical & medical instruments. Kimberly-Clark brand n ...
and in 2003 they agreed with the Band to extend treatment beyond the 2005 deadline, by piping effluent directly from the aerated settling pond to the Northumberland Strait where it would be released on the
ebb tide Tides are the rise and fall of sea levels caused by the combined effects of the gravitational forces exerted by the Moon (and to a much lesser extent, the Sun) and are also caused by the Earth and Moon orbiting one another. Tide tables can ...
, and to return Boat Harbour to a tidal state. However, the mill was purchased in 2004 by Neenah Paper who were not inclined to spend capital on water treatment, and following concerns from the Department of Fisheries and Oceans over the environmental consequences of the pipeline, that plan was cancelled in 2005. In 2008, the province decided to extend the discharge license on a month-by-month basis. The following month the mill was purchased by Northern Pulp, a subsidiary of
Asia Pulp and Paper Asia Pulp & Paper (APP) is an Indonesian pulp and paper company based in Jakarta, Indonesia. One of the largest pulp and paper companies in the world, it was founded as Tjiwi Kimia by Eka Tjipta Widjaja in 1972. Asia Pulp & Paper is a subsidia ...
, an arm of the Indonesian conglomerate
Sinar Mas Sinar Mas is one of the largest conglomerates in Indonesia. It was formed in 1938. It has numerous subsidiaries including Asia Pulp & Paper and palm oil producer PT SMART. The company also acquired Berau Coal Energy from Asia Resource Mineral ...
. The Progressive Conservative government of the time agreed to close Boat Harbour and build a new facility, but when the
New Democrats New Democrats, also known as centrist Democrats, Clinton Democrats, or moderate Democrats, are a centrist ideological faction within the Democratic Party in the United States. As the Third Way faction of the party, they are seen as culturall ...
came to power in 2009 negotiations ceased. Following that government's decision to provide $90 million assistance to the mill to purchase woodland and improve air treatment systems but do nothing about Boat Harbour, the First Nation filed an action in the
Nova Scotia Supreme Court The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more addit ...
. On June 10, 2014, the pipeline carrying effluent from the mill to the treatment facility ruptured, causing of effluent to spill into a wetland and thence to the East River and Pictou Harbour. In March 2016, Northern Pulp were charged under the ''Fisheries Act'' and fined $225,000 which was to be distributed equally to three conservation organizations. Following protests by the First Nation over the spill, the Provincial Government passed the ''Boat Harbour Act, 2015'' detailing that effluent treatment in Boat Harbour must cease no later than January 31, 2020, providing the mill five years to determine an alternative effluent handling system. A pilot project was undertaken in 2017 to test options for handling the remediation project to restore the harbour to a tidal
estuary An estuary is a partially enclosed coastal body of brackish water with one or more rivers or streams flowing into it, and with a free connection to the open sea. Estuaries form a transition zone between river environments and maritime environment ...
at an estimated cost of $133 million. In 2019, the remediation project cost was reevaluated at $217 million and is expected to begin in 2021 and take at least five years to complete. The plan included
dredging Dredging is the excavation of material from a water environment. Possible reasons for dredging include improving existing water features; reshaping land and water features to alter drainage, navigability, and commercial use; constructing da ...
up to of contaminated sediment and pipe it to a pad where water will be removed for treatment and up to of solids will be moved to an existing and expanded containment cell on site. In January 2019, Northern Pulp asked for a one-year extension on the January 31, 2020 deadline. In December 2019, the request for extension was refused by Premier
Stephen McNeil Stephen McNeil (born November 10, 1964) is a Canadian politician who served as the 28th premier of Nova Scotia, from 2013 to 2021. He also represented the riding of Annapolis in the Nova Scotia House of Assembly from 2003 to 2021 and was the le ...
; the mill soon after announced that it would be closing. Northern Pulp was permitted to continue to use the Boat Harbour wastewater treatment plant until the end of April 2020 as it prepared the facility for indefinite closure. As a result of the closure, 300 jobs at the mill were lost.


References


Further reading

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External links


Lawsuit, 2010Boat Harbour Act 2015
{{coord, 45.662674, -62.651868, type:waterbody_region:CA-NS, display=title Geography of Pictou County