Frequently Asked Questions

You can read and download the Coastal Protection Act here

“The purpose of this Act is to protect the Province’s coast for future generations by preventing development and activity in locations adjacent to the coast that:

(a) damage the environment by interfering with the natural dynamic and shifting nature of the coast; or

(b) put residences and buildings at risk of damage or destruction from sea-level rise, coastal flooding, storm surges and coastal erosion.” (Coastal Protection Act para 2 a and b)

The Act was passed in 2019 by all 3 political parties in the Legislature on April 11, 2019 and received Royal Assent (by the Lieutenant Governor) on April 12, 2019. However, the Act has not been “proclaimed in force” (proclaimed law).

An Act either takes effect on the date it receives Royal Assent or contains a provision that it will take effect on a specific date or on a date set by the Governor in Council (the Lieutenant Governor). The Coastal Protection Act contains such a provision.

The Coastal Protection Act would come into effect following the approval of accompanying Regulations. The Department of Environment and Climate Change was working on regulations but, despite giving their approval to the Coastal Protection Act in 2019, the Conservative party-led government announced on February 26, 2024 that it would not move ahead with the Coastal Protection Act. Thus, the Act is not proclaimed; however, it has not been repealed. The Act is listed in the Nova Scotia Legislature Consolidated Public Statutes as ‘not proclaimed in force’.

Even if you don’t live on the coast or own coastal property, Nova Scotians are never far from the shore. Flood waters and erosion don’t care about property boundaries. Destroying the natural capacity of the coast to absorb energy and destroying coastal biodiversity are societal problems. We are all impacted by the losses. The CPA would regulate to protect healthy, resilient coasts and the services they provide for all Nova Scotians.

Coastal protection discussions have been on-going in Nova Scotia since at least the 1950’s.  More information can be found here:

Donations can be made via e-transfer to coastalcoalition.ns@gmail.com

Donations will be deposited into the Dirt Gang account. Please type “for the Coastal Coalition” in the message box.

We are not a charitable organisation so we are not able to issue a charitable tax receipt. We can however issue a receipt for your administration.

Writing letters or making telephone calls to your MLA and your Municipal Mayor or Warden and Councillors will help them understand your concerns.

Your MLA address can be found on this list

Don’t know who your MLA is? Follow this link to find out who represents your area.

You can find a list of all Municipal Mayors, Wardens and Councillors in Nova Scotia and their contact information on this list.

Only Premier Houston can answer this question.

However, do ask Progressive Conservative MLAs why the government has abandoned the Act, and when the provincial election comes, ask this question of all Progressive Conservative candidates running in your area. And, ask all candidates their position on the CPA and if they support proclamation of the CPA in the next General Assembly of the Legislature.

The CPA regulations would not affect repair and maintenance of existing structures unless the existing size of the structure increases.

The CPA regulations would help ensure that construction of new buildings or homes, or expansion of existing ones, is happening where it is safer from sea level rise, weather events and coastal erosion. The regulations would also have helped to protect sensitive ecosystems.

The proposed regulations can be found here. They may help you understand how the CPA would have affected your property.

The CPA does not directly address issues of public coastal access.

With a few exceptions, like the sea bed in a pre-Confederation water lot or other submerged land that the government may have sold, or a federal public harbour, submerged land along the coast is provincial Crown Land. This coastal land owned by the province extends up to the ordinary high water mark on the shore (the ordinary high tide line). Private coastal property extends landward from this boundary. (NS land surveyors establish that line for properties.)

These lots were granted before Confederation in 1867 when most transportation along the coast was by water. These deeds granted ownership to submerged land, giving property owners access to areas for building wharves. Nowadays, some property owners are infilling water lots in order to build gazebos, boathouses or to extend useable property. (Kings Wharf and Dartmouth Cove are examples).

Dartmouth cove is a pre-Confederation water lot. The issue of infilling in this situation is quite complex. However, this is what the proposed CPA regulations said, in general, about infill

“New requirements will be established for permits to build or modify structures along or below the high-water mark that is on Crown Land or on land designated under the Beaches Act. The regulations will:

• ensure new wharfs, boat ramps and similar structures are built using cribwork that minimizes disruption of normal sediment transport and habitat connectivity;
• prohibit the use of pressurized lumber where it contacts the water; and

restrict in-filling and stabilization work on Crown Land below the high-water mark such as shoreline armouring, unless it is needed to protect existing structures from coastal erosion or when necessary for wharf footings.

Exemptions will apply to permitted projects and activities undertaken to conserve or improve ecosystem function, such as fish ladders and saltmarsh restoration.”

 [NOTE: this specific reference is to Crown Land. Water lots are not Crown Land]

In addition to information already required for a building permit, for a new building or expansion (enlargement) of an existing building, under the proposed CPA regulations you would need to show the municipality that the proposed building (or expansion area) is positioned according to the set back requirements. That means the structure is above the vertical elevation setback specified for the coast line where your property is located; and, if you are applying to build in the coastal protection zone, at least the minimum required horizontal set back from the high-water mark identified in the erosion risk assessment report prepared by the designated professional. You would be required to submit this report to the Municipality.

The proposed description and role of a designated professional are outlined on Pages 12-16 in the July 21, 2021 document:  Proposed Coastal Protection Act Regulations Department of Environment and Climate Change.  Work on the final draft regulations may have been in-progress after 2021, but the main points proposed for the role and designation at that time were that:

• the designated professional would conduct an erosion risk assessment of the property according to a standardized methodology that incorporates geology, terrain and coastal process factors influencing erosion, and produce a report;
• designated professional qualifications would be established in the regulation but could include geoscientists (like geologists and geomorphologists), civil engineers, and land surveyors as directly suited professions, but the scope might be broadened. Designated professionals would be from regulated professions.

Private property owners are already spending money on modifying their shorelines. Private property owners are responsible for the costs of building on and improvements to their own property.

This is a question that only your insurance company would be able to answer.

Property owners who suffer damage from storms can apply for disaster financial assistance through the provincial government (which receives its funding from the federal government). The details regarding the assistance are made available following an event.

For example, the provincial government news releases following Hurricane Fiona in September 2022 and the flash floods in July 2023 explain what people needed to do to access disaster assistance funding and what is eligible for support:

Applications for New Fiona-Related Financial Support Open | Government of Nova Scotia News Releases

Disaster Financial Assistance for July 2023 Floods | Government of Nova Scotia News Releases

Relief agencies, like the Red Cross, also administer disaster financial assistance.

The Insurance Bureau of Canada has published information about movement toward a federal national flood insurance program and how that might work for property owners.

https://www.ibc.ca/issues-and-advocacy/canadians-need-flood-protection

The CPA does not address insurability, but it does address minimizing risk of damage or destruction from coastal hazards. From a property perspective, the intent of the CPA is to minimize the risk of damage or destruction for new structures by directing them away from locations prone to coastal flooding and erosion.

No projection or assessment of flooding or erosion extent is 100 percent certain, but forecasters use the best available science to identify areas that are likely to be at risk now and into the future, taking into account sea level rise, storm flooding from large storms, and local terrain and geology. Erosion assessment is property-specific because terrain and geology are highly variable. Coastal flooding setbacks are established for coastal sections, rather than having one setback for the entire coast, because sea level rise and storm surges are different from one coastal region of the province to another.

The United States of America has a National Flood Insurance Program (NFIP), administered through the Federal Emergency Management Agency (FEMA) that provides government-backed flood insurance to businesses, property owners and renters in communities that have, at a minimum, adopted and enforce flood management regulations. Furthermore, individual insurance premiums can be lower for properties located in communities that participate in the Community Rating System (CRS) program. These communities go beyond the minimum requirements for NFIP-backed insurance by implementing techniques that help control flooding in the community.

Over the years, the Province of Nova Scotia has  designated a number of beaches under the Beaches Act. The Act regulates certain activities so they do not harm the beach. You can find the  list of designated beaches here. Beaches are also protected where they are part of a provincial park (even if they are not beach areas designated under the Beaches Act) and some beaches are both designated beaches and provincial parks (or part of provincial parks).

“Protect” in the Coastal Protection Act refers to protecting coastal ecosystems and coastal processes from the impacts of development, and protecting property from the impacts of sea-level rise and intensified weather events. It would fill a gap in protecting coastal environments not covered by the Beaches Act from development impacts.