What are we talking about?

A proponent is seeking to infill a pre-confederation water lot (a water lot that predates Confederation, and as such, it is currently subject to very limited restrictions and regulations between all orders of government) in Dartmouth Cove, spanning 2.7 hectares, in order to dispose of pyritic slate and non-acidic quarry rock.

My stance on this issue:

I’ve made it very clear for the past two years that I am against this infill for the sake of infill project. My hometown of Dartmouth is NOT a dump for someone’s fill. I’ve received a high volume of correspondence from my constituents and stakeholders against this project, and I am urging all orders of government to work together and protect Dartmouth Cove.

What’s going on?

Federally, our government’s jurisdiction is extremely limited in scope. The federal government only has jurisdiction over navigable waters through Transport Canada (example: with the infill in place, could a vessel still navigate the waterway), and fish habitat through the Department of Fisheries and Oceans (how fish habitat is affected, what mitigation plans would be in place, including any offsetting measures to counterbalance these impacts).

The federal government’s jurisdiction does not include the overall use or merits of a given project. However, other orders of government can further regulate these infill projects by asserting their respective jurisdictions, should they choose to. This was reaffirmed by legal expert, Professor Phillip M Saunders, KC, of Dalhousie University Schulich School of Law. Recently, we saw the Halifax Regional Municipality (HRM) assert their jurisdiction to protect the Northwest Arm from infill projects, and the municipality could do the same for Dartmouth Cove.

As you may know, the current and previous Ministers of Transport offered their assistance, should HRM wish to pursue further regulations to help ensure there wouldn’t be any jurisdictional issues. Example 1, example 2. I remain willing and ready to assist any Municipal Councillor who wishes to step forward to help, to ensure they have that assistance from the federal department.

Councillor Sam Austin emphatically spoke against this pending infill project, however, it does not seem that there is the same eagerness from Halifax Regional Council to move forward with a bylaw to further regulate waterlots in Dartmouth Cove—unlike their efforts to further restrict infill in the Northwest Arm.

Provincially, recognizing that other orders of government can take action, MLA Chender reached out to the Premier of Nova Scotia to find alternate sites for pyritic slate and coordinate efforts to further regulate infill in the municipality. I am unsure if the Premier provided a response or a willingness to assist.

Where are we today (May 6, 2024)?

To begin, I want you to know that this pending infill project is currently unable to proceed. However, unfortunately, after nearly two years, Transport Canada issued approval under the Canadian Navigable Waters Act (CNWA). As always, the proponent would be subject to any applicable laws and regulations including any related Halifax Regional Municipality land-use or zoning bylaws in effect. However, I firmly believe there is enough evidence to show that this infill project impedes navigation and the work that takes place in Dartmouth Cove.

WHAT YOU CAN DO: I encourage anyone with issues pertaining to navigation to continue reaching out to the Minister of Transport with these concerns. Your feedback could make a big difference: TC.MinisterofTransport-MinistredesTransports.TC@tc.gc.ca 

Here are my two most recent letters to the Minister: Letter 1, and letter 2.

Recently, the Minister of Fisheries and Oceans determined that more meaningful consultation with Indigenous people and stakeholders, along with further study on the impacts to species and habitat, are required before a decision can be made on a Fisheries Act Authorization. Stakeholders, experts, and community members have copied my office on correspondence to the Minster of Fisheries and Oceans and much of it has included compelling evidence.

The Minister does not get to make a decision because I as the Member of Parliament do not like the infill project, nor can she make a decision because she simply wishes to. This decision, legally, must be made based on science and evidence.

WHAT YOU CAN DO: If you are able to contribute, I encourage you to submit evidence and your concerns, as soon as possible to: DFO.Minister-Ministre.MPO@dfo-mpo.gc.ca

I worry about the impacts this infill would have on fish specifies like the American Eel. A significant amount of work has gone into cleaning up Dartmouth Cove and the rest of Halifax Harbour, and life in the cove is abundant.

If you have any evidence or feedback to provide the Ministers I encourage you to provide it as soon as possible.

Special shout out to the Friends of Dartmouth Cove who continue to work hard to protect the cove from unnecessary infill projects. As always, thank you for your advocacy. I want you to know that I won’t stop advocating on your behalf. Dartmouth is not a dump for someone’s fill and we deserve better.

WHAT YOU CAN DO: I encourage you to also continue advocating to all orders of government on this, as we’re always stronger when we work together.