Hi folks,
Here is the latest response from Minister Alghabra regarding this letter: https://darrenfisher.ca/letter-to-minister-alghabra-regarding-dartmouth-cove-and-other-halifax-harbour-water-lots/
–Darren
From: Minister of Transport / Ministre des Transports (TC)
Sent: Monday, July 17, 2023 10:13 AM
Subject: Regarding proposed infilling in the Halifax Harbour—specifically the Northwest Arm and Dartmouth Cove projects
July 17, 2023
Darren Fisher, M.P.
Dartmouth–Cole Harbour
Andy Fillmore, M.P.
Halifax
The Honourable Stan Kutcher
Senator
Nova Scotia
The Honourable Mary Coyle
Senator
Nova Scotia
Dear Colleagues:
I am writing further to your correspondence regarding proposed infilling in the Halifax Harbour—specifically the Northwest Arm and Dartmouth Cove projects. I apologize for not providing any specific reference to the Dartmouth Cove project in my initial reply to you.
I appreciate your ongoing concerns on these projects and will confirm that Transport Canada continues to fulfill its responsibility in diligently reviewing proposed works to ensure navigable waters remain open for transport and recreation under the Canadian Navigable Waters Act (CNWA).
As you are aware, under the CNWA, Transport Canada can only render decisions related to the impacts on navigation. Other considerations or concerns exceed authorities under the Act. Transport Canada is aware of other authorities that are implicated in such projects. For example, the proposed infills also require a Fisheries Act authorization, and Fisheries and Oceans Canada is aware of these projects and is currently engaged with the proponents to address any issues they understand to be within their purview. Additionally, there is an opportunity for the Halifax Regional Municipality (HRM) to assess what gaps exist in regulating other related issues and how best to address them within municipal and provincial authorities.
To demonstrate the department’s openness to hear from its stakeholders, Transport Canada officials participated in a facilitated discussion hosted by the Impact Assessment Agency of Canada and on two occasions, officials have also met with John Traves, Director of Legal Services and Chief Solicitor for the HRM, to hear the municipality’s concerns and feedback about pursuing proposed by-laws to regulate infills and waterlots in the region.
I will re-emphasize that there is an opportunity for the municipality and its provincial counterparts to examine what gaps exist in regulating such issues beyond navigation and how best to address them within municipal and provincial authorities. These authorities would, to my understanding, address concerns that we have heard from the public and from stakeholders regarding both the Northwest Arm and the Dartmouth Cove infill applications. Should the municipality decide to pursue regulation of infilling beyond matters related to navigation, the municipality can expect full cooperation from Transport Canada in any effort to avoid jurisdictional concerns.
I would also like to mention a recent letter that my office received on this matter from Cathie O’Toole, the Chief Administrative Officer of the HRM, wherein she expressed HRM’s hope to assess and pursue municipal regulatory options to limit infilling. I have confirmed with our officials that we will continue to work collaboratively on resolving this important issue.
I trust this information is helpful. Thank you for writing and for your interest in this matter.
Sincerely,
The Honourable Omar Alghabra, P.C., M.P.
Minister of Transport
c.c. The Honourable Joyce Murray, P.C., M.P.
Minister of Fisheries, Oceans and the Canadian Coast Guard