Frost Fish Cove is a narrow waterway on the east side of St. Margaret's Bay, within Halifax Regional Municipality, Nova Scotia (Wikipedia).  Through 2006-2008, community residents have been concerned about the construction of a large house and septic field on a small tidal flat and former beach in the cove (the small grass triangle between the two wharfs in the aerial photo below).  The house is being built on this tiny tidal flat at 50 Indian Point Road by Dr. Pat Croskerry.  Although there was no previous septic system or outhouse there for at least a decade, it was "grandfathered" which meant that the normal lot size was not required for the septic system.

Section 36(3) of the Fisheries Act prevents the deposit of deleterious substances into fish habitat. NS Environment is the lead regulator for this septic system on the shore. When they do their final inspection of this system, it should not be approved if its operation is prohibited under the Fisheries Act.

Nova Scotia's Environment department still claimed until June 2008 that it was considering laying charges under the Environment Act. However, it had been more than a year since the initial installation was suspended, and dug up and hauled away.

The Nova Scotia Department of Environment and Labour granted a Variance in December 2007 that removed all setback requirements so that the end of the septic field goes right to the water's edge, where people swim and canoe.  There is a plastic liner underneath, since the lot is so small that the sewage could contaminate the well. The sewage effluent therefore cannot go down into the ground, and has to drain out at the water's edge. 

Yet Variances can only be granted if there are no adverse effects. Obviously, putting sewage effluent into the cove causes adverse effects. Detergent doesn't biodegrade, and all of the laundry suds, shampoo, dishwasher soap etc. from the house will have to drain into the cove. Bacteriological contamination has already resulted in the closure of shellfish harvesting in Frost Fish Cove, as shown on this map from Environment Canada. Septic systems also create ammonia-phosphates-nitrates (i.e., fertilizer), which also does not biodegrade.  Pouring a continuous flow of fertilizer into the cove is likely to cause algae blooms.

Pat Croskerry is the land owner and a local physician. Dr. Croskerry:  even using biodegradable soaps will not help, because this depletes oxygen in the water, killing the sea life.  This is a delicate ecosystem, in which the majority of fish species are already gone.  Your construction project is going to cause pollution here that affects the public for a century or more.  What are you thinking?  Why don't you stop draining your sewage effluent into the cove, and have it pumped out and trucked away regularly?  Don't poolute our cove. 

Because the Nova Scotia Environment department does not appear to have accounted for these adverse effects as legally required, a Review was launched by the Ombudsman's Office.

The Ombudsman's investigation concluded in May 2008 that there were in fact "inconsistencies" in this case with regard to the regulatory requirements. However, in Nova Scotia the Ombudsman's Office has no powers of enforcement.  As well, public servants in Canada seem to be largely immune from prosecution when breaking the law.

Adrian Fuller and Gerard MacLellan are the managers at the "lead agency" in this case, NS Environment. In addition to bending the normal environmental protections on water setbacks for Dr. Croskerry (in violation of the legislative requirements), their refusal to release documents about this case as legally required under Freedom of Information requests is also the subject of a 2007-2008 investigation by the Nova Scotia FOIPOP Review Office.