How can we keep the faith in N.S. green act?

In 2007, our provincial government gave Nova Scotians something to be proud of — an ambitious and unique piece of environmental legislation, the Environmental Goals and Sustainable Prosperity Act (EGSPA). Ambitious because the government set a clear, overarching goal of being one of the cleanest and most sustainable environments by 2020. Unique because EGSPA enshrined 21 detailed targets in legislation that established the steps necessary to achieve the main goal, with timelines for keeping the government on track.

The purpose of enacting EGSPA was to raise the level of government commitment to the environmental targets beyond mere policy statements, which can be easily dismissed. The reason for enshrining targets in legislation grew from one of Nova Scotia’s environmental success stories, solid waste management, where the government took its legislated targets seriously and reached its goal.

By setting goals for environmental prosperity rather than concrete obligations, the government asked Nova Scotians to have faith because it provided no legal mechanism in EGSPA to enforce its targets. Changes to targets can be expected. However, when the government misses, disregards or moves timelines for its targets late in the process and without public consultation, it undermines EGSPA and our faith in the government’s commitment to sustainable prosperity.

We have now seen the government decide to ignore its targets on several occasions without amending EGSPA and without consulting the Round Table on Environmental Sustainability, a multi-stakeholder committee set up to oversee the act’s implementation. As examples: The Energuide labelling goal for all new residential dwelling units by 2008 was ignored; and as recently announced, the target for reducing mercury emissions by 70 per cent by 2010 to pre-2001 levels has been significantly delayed.

The EGSPA targets don’t come out of thin air — they are often set according to the province’s national and international environmental commitments. This is the case for the mercury emission target, which relates to our government’s commitment to the Canadawide standards for mercury emissions, established in 2000 by the Canadian Council of Ministers of the Environment (CCME). The mercury target is also linked to the federal government’s efforts to reduce mercury emissions through regional and international initiatives, such as the North American Commission for Environmental Co-operation’s Regional Action Plan on Mercury.

When the government links its targets to national and international commitments and ignores them, what does this say about the government’s ability to meet targets that have no external gauges?

It is no excuse that EGSPA was enacted under another government, as the goals were endorsed by all three parties. There were no changes made to the goals during the legislative committee process for EGSPA. Accordingly, every political party in Nova Scotia should be committed to the targets and held accountable.

EGSPA has the potential to be a very powerful guide on Nova Scotia’s road to sustainable prosperity. Where there is adherence to the targets, as in the case of nitrogen oxide emissions which were reduced by 20 per cent by 2009 relative to 2000 levels, we can all celebrate our government’s initiative. But in order for EGSPA to have any value, the commitment to sustainable prosperity must be matched with a commitment to due process and transparency. The government must meet the targets or provide clear rationale for moving the targets based on public input.

Two mechanisms for input include seeking advice from the multi-stakeholder round table and amendment to the act. Alternatively, establishment of an environmental auditor is an effective and efficient way of holding governments accountable.

In 2012, EGSPA is up for a five-year review which could result in amendment or additions to its environmental and economic goals. The creation of the office of environmental auditor could signal the seriousness of the commitment to the EGSPA objectives. In that way, Nova Scotians can have faith that our government is leading us towards sustainable prosperity.

Deborah Carver, Executive Director, East Coast Environmental Law Association.

Chronicle Herald, Halifax, August 15, 2010