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The Health Canada Policy Toolkit for Public Involvement in Decision Making

Level 5 Case Study:
Joint Action Group on Environmental Clean-Up

Background

In Sydney, Nova Scotia, the deplorable environmental conditions of the Muggah Creek Watershed led to the creation of a citizen-based group entitled the Joint Action Group for the Environmental Clean-Up of the Muggah Creek Watershed. Formed in the summer of 1995, the purpose of the group is to find a remedial solution to the Sydney Tar Ponds, the former Coke Ovens site, and the impacts of the municipal landfill - all part of the Muggah Creek Watershed area.

Why Seek Public Involvement?

The Sydney Tar Ponds is a 33-hectare estuary in Sydney, Nova Scotia. This estuary, otherwise known as Muggah Creek, has been contaminated with the coal tar effluent from the local steel plant's coke ovens over the last 90 years. It is estimated that 700,000 tonnes of toxic sediment contaminated with PAHs and PCBs have killed aquatic life and led to the closure of lobster fishing in the area.

The tar ponds are but a small component of the site targeted for improvement. Buildings are partially demolished - the site also has a number of deep water holes, underground tunnels and trenches, as well as a marsh dump, the Domtar tank and many coal and coke piles. Contamination is extensive and hazardous; in 1986, it was recognized as one of Canada's worst environmental sites.

The conditions of the site indicated that immediate action was required. The initiation of a public consultation process ensured that policy developments and recommendations clearly reflect the needs of the immediate community.

Who Was Involved?

In August 1996, municipal, provincial and federal government officials met with community representatives to share concerns and suggestions, and evaluate the feasibility of a community-based approach to identify and evaluate remedial options for the Tar Ponds and Coke Ovens sites. That meeting clearly indicated a solid base of support for a community-based initiative, and a Joint Action Group (JAG) on the Environmental Clean-Up of the Muggah Creek Watershed, representing community interests in partnership with the three levels of government, was formed. In addition to being represented on the JAG, the federal, provincial and municipal governments have committed to support its activities.

Description of the Process

JAG was an initiative founded by the three levels of government: Health Canada and Environment Canada at the federal level, the Government of Nova Scotia at the provincial level, and the Municipality of Cape Breton at the local level.

JAG's mission is to educate, involve and empower the community through partnerships, to determine and implement acceptable solutions for Canada's worst hazardous waste site and to assess and address the impact on human health. As outlined in a Memorandum of Understanding signed in September 1998, all levels of government have committed to pooling their collective resources in order to support the activities of the JAG.

The citizen round table, consisting of 50 community members, is the ultimate decision-making body of the JAG. A smaller steering committee consisting of 18 members reports to the round table. A handful of smaller working groups report to the steering committee. The steering committee is incorporated and is supported by a chair, two-vice chairs, a secretary and treasurer. In addition, a small secretariat was formed, consisting of a coordinator, a public information officer, a community outreach officer, an office manager and one JAG chair, as well as four administrative support staff. All JAG meetings are public, as are all files, recordings and transcripts.

Resources

The federal and Nova Scotia governments pledged $750,000 over three years to support the JAG; the Municipality of Sydney agreed to provide services inkind worth $750,000 over the same period. A further $175,000 was also forwarded to respond to the recommendations of the Health Studies Working Group.

Health Canada offered $195,000 in support of the following:

  • $70,000 to the Cape Breton County area at the University College of Cape Breton for the review of existing community health data
  • $25,000 to update the Cancer Registry for the years 1965-1995
  • $100,000 to support the Health Study Working Group to develop study requirements.

Environment Canada, the Government of Nova Scotia and the Municipality of Sydney offered $250,000 to support the following:

  • $100,000 to monitor the movement of contaminated water from the watershed to the municipal landfill
  • $100,000 for the design of a sewer collector system to reduce the collection of raw sewage in Muggah Creek
  • $50,000 for a sampling and chemical analysis to assess the contamination levels within the tanks, piles of coal, coke and sulphur.

The three levels of government also agreed to:

  • $100,000 for community education, safety and awareness in the Muggah Creek area.

Most recently, the three levels of government reached a cost-share agreement and have pledged to invest $62 million over the next three years to fund JAG initiatives. The funding will support activities and projects already recommended by JAG - activities and projects which are environmentally sound, health conscious, economically responsible, publicly accountable and socially acceptable.

Summary of the Outcomes

The guiding principles of the JAG process are openness, transparency, representativeness and inclusion. These principles have provided the foundation for a community-based process to address the challenges presented by the contaminated site. The key issues to be examined, through a variety of working groups, include: environmental data gathering, health studies, security of the site, potential remedial options, future site use, and public education and participation.

To date, the JAG has undertaken several initiatives, including:

  • The completion of a Mortality Study (led by Health Canada)
  • The completion of a Reproductive Outcomes Report (led by Nova Scotia Department of Health)
  • Phase 1 Site Assessment Report
  • Public Opinion Poll (two polls have been completed - one on behalf of the Health Studies Working Group and another on behalf of the Public Education and Participation Working Group)
  • A Vegetation Study.

Many other studies and activities are currently under way.

Analysis

The committee structure is an ideal mechanism to address the complex and controversial issues raised. Solutions to provide long-lasting clean-up require the commitment of many interests and the coordination of professionals in many disciplines. The community-building approach was seen also as an effective response to reducing the overall dependency on government. As well, the process is seen as an effective response for such an interdisciplinary issue as environmental clean-up, which involves a range of issues such as health, social, economic, research, financial and legal dimensions. Thus far, the recommendations set forth by the JAG have received much public support and attention.

Factors for Success

  • The collaborative process is community-driven.
  • Strong policy support and resource commitments are offered by all levels of government.
  • The consultation process and supporting research initiatives allow for a comprehensive review of pertinent issues.

Barriers to Success

  • The pace of the decision-making process is deliberative, but is very slow.
  • The process itself is very costly. Initial disbursement totalled $1.67 million.
  • Achieving true representation of the community around the JAG table can be problematic.
  • Distrust of government is inherent.

Policy Implications

The JAG process is unique and innovative. The model which has been created has drawn attention from across North America and throughout the world. It is expected that this model of community involvement and empowerment will be used for other contaminated sites in Canada and beyond.

Over the long term, it is expected that the JAG's efforts will ultimately result in the clean-up of the Muggah Creek Watershed area. In addition, the inroads being made by all levels of government through the partnership they have formed with the JAG will prove to be invaluable in the coming years.

Public Involvement Techniques Used

  • Citizens' Jury
  • Community Meetings
  • Public Opinion Polls
  • Round Table

Contact Information

Tracey Taweel
Senior Communications Advisor
Atlantic Region
(902) 426-2668
Tracey_Taweel@hc-sc.gc.ca

Date Modified: 2006-09-14 Top