Northern Pulp opposes proposed retroactive amendments to Boat Harbour Act

Northern Pulp Nova Scotia (Northern Pulp) has submitted to Nova Scotia’s Law Amendments Committee its opposition to Bill 143, the Province of Nova Scotia’s proposed amendments to the Boat Harbour Act, which attempts to retroactively eliminate the Province’s responsibility to honour its contract obligations to Northern Pulp in connection with the 11 year reduction in the term of the Effluent Treatment Facility lease (Boat Harbour).

In its written submission, Northern Pulp outlines how the Province’s proposed amendments to the Boat Harbour Act not only limit the Company’s legal rights against the Province, but more importantly increase the risk for any organization doing business with the Province of Nova Scotia.

On April 1, 2022, the British Columbia Supreme Court directed Northern Pulp and the Province to enter mediation to work toward a negotiated resolution of outstanding legal claims and disputes. The Province wasn’t successful in opposing mediation in the courts so they are attempting to change the Boat Harbour Act to retroactively eliminate their responsibility and legal obligations.

It is a sad day when Government uses legislation to evade its contractual and legal obligations.

Any organization entering into a contract with the Province of Nova Scotia should now be concerned the Province believes it can enact laws to retroactively wipe out their legal and contractual obligations without any compensation.

Northern Pulps submission can be viewed here.

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