What is the scope of the Environment Minister's duty to refuse approval of an activity?

Nova Scotia, Canada


The following excerpt is from Margaree Environmental Association v. Nova Scotia (Environment), 2012 NSSC 296 (CanLII):

After reviewing the purposes of the Act as set out in s. 2 of the Environment Act, and the duty on the Minister as outlined in s. 52, Robertson J. made the following remarks in Parker Mountain Aggregates v. Nova Scotia (Environment), supra, at paras. 62‑64: In my view, within the statutory language of s. 52 of the Act, the Minister has considerable discretion in deciding whether a particular activity will be granted approval. Under s. 52(1), the Minister has the power to refuse approval if the activity "... is not in the public interest with having regard to the purpose of this Act ..." The Minister must consider any adverse effects in approving an activity, including the acceptability of the location of the activity. His express statutory duty is to take such action as he considers in order to manage, protect, or enhance the environment.

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