P.E.I.'s moratorium on shoreline development not strict enough, say critics

'It absolutely does nothing to deal with the the big problem which sort of was the catalyst for all this which is the Point Deroche development on the North Shore,' said Official Opposition leader Peter Bevan-Baker, of the province's moratorium.  (Shane Hennessey/CBC - image credit)
'It absolutely does nothing to deal with the the big problem which sort of was the catalyst for all this which is the Point Deroche development on the North Shore,' said Official Opposition leader Peter Bevan-Baker, of the province's moratorium. (Shane Hennessey/CBC - image credit)

Critics are taking aim at Prince Edward Island's moratorium on shoreline development announced on Wednesday, saying the restrictions don't go far enough, and have no penalties or repercussions for those who break the rules.

Environment Minister Steven Myers said his department is teaming up with the UPEI Climate Lab to research and determine how Islanders can best protect their coastal properties from falling into the sea.

"How we would move forward, what would be allowed, what it would look like, those types of things, and whether different areas of Prince Edward Island need to be treated differently because we know coastal erosion has more impact in certain areas," said Myers.

Kerry Campbell/CBC
Kerry Campbell/CBC

Myers said an interim policy is expected by summer. In the meantime, the minister has declared what he calls a "moratorium" on construction of new shoreline development.

But the moratorium has caveats. Property owners can repair existing erosion controls, build new protections to safeguard existing homes, and bypass the restrictions with a successful environmental impact assessment.

'We need legislation'

Official Opposition leader Peter Bevan-Baker said there are "glaring gaps" with this plan.

"The long-term policy objective of the government is to produce another policy, not a legislative review and not introducing legislation as Nova Scotia did with teeth, that will actually protect our shoreline, Islanders' properties and the environment of Prince Edward Island," he said.

"Policies can be overlooked ... there are no repercussions, there are no penalties. So policy is not good enough. We need legislation," said Bevan-Baker.

Kerry Campbell/CBC
Kerry Campbell/CBC

Point Deroche development

Bevan-Baker said the government's plan also fails to address a controversial development.

"It absolutely does nothing to deal with the the big problem which sort of was the catalyst for all this which is the Point Deroche development on the North Shore," he said.

Owners of the private property in Point Deroche had a massive rock breakwater approved prior to the moratorium.

"Thousands of tonnes of armouring are sitting on public land, on land owned and managed by Islanders and the government. And that's clearly in violation of the Environmental Protection Act and the Planning Act," said Bevan-Baker.

In the P.E.I. Legislature in November, the province said the development had followed all provincial development and buffer zone rules.

"This policy — neither the moratorium nor the long-term plan from government — will do anything to impact that and that's that's a huge problem for me."

'Doesn't make any sense'

Hiker Bryson Guptill is trying to organize a legal challenge to overturn the province's decision to issue a permit for Point Deroche.

Kerry Campbell/CBC
Kerry Campbell/CBC

"Armour stone on a public beach that is now essentially trespassing on a public beach, how could that possibly be approved? It doesn't make any sense," said Guptill.

"It's likely something that could be challenged in the courts."

Myers said he doesn't believe his department would approve another project like the one in Point Deroche with the current restrictions in place.

And he said whatever new policy comes forward to protect P.E.I.'s shorelines likely wouldn't allow it either.