In what circumstances will a government official be permitted to create a watershed reserve?

Nova Scotia, Canada


The following excerpt is from Livingston v. Cabot Links Enterprises ULC, 2018 NSSC 256 (CanLII):

In The Valhalla Wilderness Society v. R, 1997 BCSC 2197, a government official purported to create watershed reserves. At issue was his authority to do so and the issue required a legal analysis of the interplay between two statutes (the Land Act and the Forrest Act) as well as a careful examination of government documents going back several years. In the balance stood the water supply of two communities which might be affected.

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