What’s happening with the municipality and the province
First of all, I want to commend the majority of HRM Regional Council (especially Councillor Austin) for listening to the people and stakeholders of Dartmouth—and those across our municipality—who called on the government to protect Dartmouth Cove from unnecessary infill. Following the public hearing, HRM Council voted (nearly unanimously) to adopt amendments identical to those protecting the Northwest Arm, ensuring Dartmouth Cove receives the same level of protection.
For folks here in Dartmouth—Cole Harbour, this is about more than a by-law. It’s about recognizing that Dartmouth matters. Dartmouth Cove is where people walk the trail, where years of investment (by all orders of government) have brought marine life back, and where vital work in ocean technology and maritime defence happens every single day. It’s a place of community, nature, and innovation—and it deserves to be protected.
HRM has asserted its jurisdiction to ensure Dartmouth Cove is afforded the same respect and protection as the Northwest Arm. Jurisdictional experts have long confirmed that an HRM by-law is the best way to protect Dartmouth Cove. While Transport Canada’s decision regarding navigation may be disappointing, their approval clearly states:
“The attached document relates only to the interference of your work with navigation under the CNWA and does not grant any rights related to the ownership of the bed of the navigable water,” and “it is the owner’s responsibility to comply with any other applicable laws and regulations.”
HRM’s by-law is one of those applicable laws.
As many of you know, the Government of Nova Scotia’s Director of Planning—and depending on their decision, the Minister of Municipal Affairs—must sign off on HRM’s by-law. Many residents have reached out to share concerns that the province might intervene and block HRM’s efforts to respond to the public will. It’s my hope that the province will respect HRM’s work and the voices heard during the public hearing.
As promised, I’ve reached out to my own provincial MLA, Minister Tim Halman, and asked him—as a Dartmouth MLA and a member of the provincial Cabinet—to take a close look at this issue, use his voice to advocate for Dartmouth Cove, and push for what’s right.
What’s happening federally
As you know, Transport Canada attempted to rescind its previous approval by conceding the Judicial Review spearheaded by COVE. Unfortunately, those efforts were blocked by the proponent, who refused to let the Judicial Review be withdrawn.
We’ve learned that COVE and the proponent came to a legal settlement agreement on a modified infill, and Transport Canada agreed to it as part of the legal process—resulting in the amended approval. My understanding is that this settlement effectively ends that Judicial Review.
I continue to personally disagree with Transport Canada’s decision on this. However, as mentioned above, the approval explicitly states that any infill would still be subject to all other applicable laws and regulations—like HRM’s by-law. Transport Canada’s role is limited to navigation, which is precisely why HRM’s by-law is so important to fill the regulatory gap.
Finally, I can confirm that this infill project has not received a Fisheries Authorization from the Minister of Fisheries. Infill projects like this cannot proceed without that authorization.
If you’d like to make your voice heard, you can contact the Minister of Fisheries at:
DFO.Minister-Ministre.MPO@dfo-mpo.gc.ca
Dartmouth Cove deserves protection. I’ll continue to stand alongside residents and local stakeholders to advocate for its protection from unnecessary infill.