How to Participate and FAQs

Members of the General Public

Members of the general public wishing to participate at an adjudicative hearing must select only one of the two options below that they feel will best represent their comments and interests:

1. Submitting a written comment to the Board (maximum 5 pages in length); or
2. Submitting a written request to make a sworn oral statement or an affirmation at the hearing (maximum 6 minutes length).

Both types of submissions must be filed with the Board no later than 15 days after the date that notice of the hearing is published  (by 16h30 on Day 15). All submissions will be date-stamped by the Clerk of the Board as they are received.

• Submissions on a specific application will not be accepted until a notice of public hearing has been published in the Royal Gazette.
• The Board reserves the right to not consider any submissions, if in the opinion of the Board, those submissions do not follow or meet the criteria laid out in the Rules of Procedure.
• When deciding on an aquaculture application before the Board, the Board will only consider written and oral submissions that are specific to the aquaculture application before the Board.
• All submissions that were submitted no later than 15 days after the date that notice of the hearing is published will:
  • be reviewed for redaction and posted to the Board’s website
  • be reviewed by the Board as part of the assessment
  • will form part of the evidence and
  • will become exhibits in the proceedings.
• The Board does not allow expert opinion evidence, including expert legal opinions from the general public in their written or oral statement or affirmation.
• To ensure fairness to all parties, legal submissions and arguments by counsel are reserved for the formal parties in the proceeding. For more information, see Formal Intervenors.
• While members of the general public have two options to consider in deciding how to take part in a proceeding, they may only participate once (by a written statement or by way of an oral statement or affirmation).
• As written statements are limited to a maximum of five (5) pages and oral statements or affirmations are limited to a maximum of six (6) minutes in length, members of the public should determine which of the two options will allow them to best provide their input to the Board for consideration. 

Please see section 55 of the Aquaculture Licence and Lease Regulations (https://www.novascotia.ca/just/regulations/regs/fcraqualiclease.htm) and

Rules 11 - 13 of the Board Rules of Procedure for more information.

How may a member of the general public submit a written statement to the Board?

Members of the general public who select the option to provide a written statement may submit a written statement to the Board concerning the aquaculture application that is the subject of the Board’s hearing.

Written statements must be no longer than 5 pages and at a minimum, the member of the public must include:

• Their full name;
• Their place of residence (civic address); and
• The application about which they would like to provide comment and how the comment relates to one (1) or more of the factors set out in section 17 of the Aquaculture Licence and Lease Regulations.

The Board reserves the right to not consider a written statement if, in the opinion of the Board, the written statement does not meet the criteria or if it is not related to the factors described in s. 17 of the Regulations detailed below.

What should a member of the general public do if they wish to make a sworn oral statement or affirmation at the adjudicative hearing?

Members of the general public who select the option to provide a sworn oral statement or affirmation must submit a written request to the Board including, at a minimum, all of the following information:

1. Their full name;
2. Their place of residence (civic address); and
3. The application about which they would like to provide a sworn oral statement or affirmation and how the sworn oral statement or affirmation relates to one (1) or more of the factors set out in section 17 of the Aquaculture Licence and Lease Regulations.

Oral testimony given by a member of the general public at an adjudicative hearing will be limited to six (6) minutes per person and must be in relation to one (1) or more of the regulated factors set out in s. 17 of the Aquaculture Lease and License Regulations.

The Board may limit the duration of a sworn oral statement or affirmation if it does not meet the criteria or if it is unduly repetitious.

The Board reserves the right to not consider a written request to provide a sworn oral statement or affirmation if, in the opinion of the Board, the written request does not meet the criteria or if it is not related to the factors described in s. 17 of the Regulations.

Please see section 17 and section 55 of the Aquaculture Licence and Lease Regulations (https://www.novascotia.ca/just/regulations/regs/fcraqualiclease.htm) and

Rules 11 - 13 of the Board Rules of Procedure for more information.

Formal Intervenors

An intervenor is a person or group who wishes to fully participate in the hearing, including presenting evidence and/or cross-examining witnesses. They are a legal party to the hearing. 

• Applications for intervenor status on a specific application will not be accepted until a notice of public hearing has been published.
• Individuals may not submit an individual application and then also be part of a group application for intervenor status.
• Any parties to the hearing may submit comments and opinions to the Board on applications for intervenor status.
• Applicants must specify in their application which of the factors from s.17 of the Regulations that their application for intervenor status addresses.
• In making decisions on an application for intervenor status at a hearing, the Board will reference the regulated factors as set out in s.17 of the Aquaculture Licence and Lease Regulations to determine whether the intervenor applicant is substantially and directly affected by the hearing.
• If status is granted, only these identified criteria in the intervenor’s application may be part of the intervenor's evidence and argument.
• If an individual or group is granted intervenor status, they may not also participate as a member of the general public by submitting a written statement or by requesting to present an oral statement.
• All applications for intervenor status that were submitted no later than fifteen (15) days after the date that the notice of the hearing is published (by 16h30 on Day 15) will be reviewed for redaction and posted to the Board’s website.

How can I become an intervenor at a public hearing?

A person or group may request intervenor status at a hearing by downloading and completing the Intervenor Status Application and submitting it to the Board no later than fifteen (15) days after the date that the notice of the hearing is published. 

Please refer to the Aquaculture Licence and Lease Regulations (https://www.novascotia.ca/just/regulations/regs/fcraqualiclease.htm) s. 17, s. 50-51 and s.60  for more information on Intervenor Status and on Evidence at Adjudicative Hearing.

Factors to be considered in decisions related to marine aquaculture sites

s. 17  of the Aquaculture Licence and Lease Regulations (https://www.novascotia.ca/just/regulations/regs/fcraqualiclease.htm)

In making decisions related to marine aquaculture sites, the Review Board or Administrator must take into consideration the optimum use of marine resources, as determined by taking into consideration the following factors only:

1. the contribution of the proposed operation to community and Provincial economic development;
2. fishery activities in the public waters surrounding the proposed aquacultural operation;
3. the oceanographic and biophysical characteristics of the public waters surrounding the proposed aquacultural operation;
4. the other users of the public waters surrounding the proposed aquacultural operation;
5. the public right of navigation;
6. the sustainability of wild salmon;
7. the number and productivity of other aquaculture sites in the public waters surrounding the proposed aquacultural operation;