Questions raised about whether former N.S. premier was lobbying for new golf course

Former Nova Scotia premier Rodney MacDonald says he is not lobbying the provincial government on behalf of a private golf course developer.

He is not listed on the provincial registry of lobbyists, but he has contacted all three party leaders in the legislature about a proposed 18-hole course on protected lands at West Mabou Beach Provincial Park.

The suggestion from Cabot Cape Breton has sparked opposition from environmentalists and some area residents, but MacDonald said he has simply met with local groups on behalf of a developer and given provincial politicians a heads-up that a proposal may be coming. 

"My first priority is to make sure that proper consultations happen with the community and a report goes back to Cabot," he said. "Anything beyond that, if I needed to register for the lobbyist registration, I would certainly do so," he said.

NDP Leader Claudia Chender said MacDonald sent politicians an email with a six-page plan showing what the proposed course could look like.

She was asked by reporters whether that amounts to lobbying.

"While I didn't speak to him personally, I think when a former premier reaches out and gives you a plan about something that they are clearly ... in favour of, it certainly raises the question," Chender said.

Wayne MacKay, professor emeritus at Dalhousie University's Schulich School of Law, said there's a bit of a grey area under provincial rules.

He said the question revolves around two things: whether MacDonald is being paid by Cabot Cape Breton to contact politicians and exactly what he's saying to them.

"It seems to be a rather fine line," MacKay said. "The money point is relatively clear, but beyond that there is some subtlety about exactly what kind of conduct is actually lobbying and what is merely expressing an opinion of some kind."

MacDonald said he is being paid by Cabot Cape Breton to gauge public opinion in Mabou about the possibility of a new course being built and to advise the developer on the results.

"It's important for the community and the citizens of Mabou to have their say and then from there, Cabot will decide on what their proposal looks like," MacDonald said.

"Whether they put a proposal forward or not, that's up to them. I'm simply providing the information that I'm hearing from the community to them and from there, it will be determined what happens after that."

MacKay said the registry could be clearer about its rules, but the question of lobbying also might be one of public perception.