(Fourth in a series of posts.)
We are often asked questions like “Do you have all the permits you need?”, as though a project like this one simply needs a set of permits before embarking on all the work. However, that’s not quite how it happens. So, the following is a brief outline of some of the key interactions between the project and the various departments and levels of government.
The Order in Council: When the Nova Scotia government issued its Order in Council on October 21st, 2025, to confirm the recommendation of the Minister of the Department of Natural Resources & Renewables to issue the lease to the Whale Sanctuary Project for the Crown lands comprising the Whale Sanctuary, this did not include or necessitate a permit. It was a confirmation that we had met the requirements of the Department’s Offer of Lease and a directive to the Department to issue the lease.
Environmental tests, permits & conclusions: Some of the requirements for the Lease involve demonstrating that the sanctuary environment will not pose a risk to future whale residents and that the whales, in turn, will not pose a risk to the local flora and fauna. When we conducted three years of environmental testing, this was not for the purpose of receiving a permit. The only actual permit we needed was to collect core samples from the seabed for analysis. (For details on these, go here.) When we had completed all the necessary tests, third party independent experts prepared a Marine Environmental Risk Assessment (MERA), which concluded that the site in Port Hilford Bay, Nova Scotia, poses negligible risks to future whale residents and that the whales, in turn, will pose no risk to their new environment and the many species who call it home. The details of the tests and the conclusions of the experts are laid out in this 437-page document.
Construction permits: Now that we are entering the construction phase of establishing the sanctuary, we will apply for building permits for each of the buildings and the construction work as needed in the zone that the municipality of St. Mary’s has designated in their master plan as the Whale Sanctuary Zone. This is all standard operating procedure for a construction project, and in some cases it is the contractors themselves who submit a specific application – anything from placement of a septic tank to connection of electricity to the buildings.
License to transfer whales: When it comes to transporting the whales, we will require an Introduction or Transfer License to move aquatic organisms within a province or between provinces from the Department of Fisheries & Oceans (DFO) for each individual whale.
We cannot know which individual whales we will be seeking permits for until each of them individually has been evaluated by a team of independent veterinarians. As part of this process, we will want to ensure that no family bonds or social bonds are broken up – e.g. that mothers and daughters are not separated, as routinely happens when whales and dolphins are transferred from one theme park to another.
Next: Sanctuary timetable