Question Period Note: Highway 101 Twinning / Avon River Tidal Gate, Nova Scotia

• Protecting the environment and biodiversity is a priority for our government, and we remain committed to ensuring adequate passage for fish at the Avon River tidal gate.
• My Department is currently reviewing, under the Fisheries Act, an application from the Government of Nova Scotia for replacing the existing tidal gate. The project will be evaluated for fish passage for all fish species likely to use the Avon River.
• My Department is committed to working with the province, Indigenous groups and other stakeholders to find solutions that ensure the adequate passage of fish in the Avon River.

• On November 18, 2020, the Assembly of Nova Scotia Mi’kmaw Chiefs expressed their frustration in a media release that DFO would no longer be issuing a revised Ministerial Order to address fish migrations for the Fall and Winter season, and only potentially issue the Order in Spring 2021. This situation might impact collaboration with the Mi’kmaw, particularly in the context of consultation on the Fisheries Act application for the new tidal gate (Phase 2).
• On November 16, 2020, the media reported that protesters were blocking traffic on Highway 101 to draw attention to the lack of water flow through the Avon River tidal gate, preventing fish from passing through. The protesters say the gates are only open for about 6 minutes at each tide, giving fish only about 12 minutes a day to pass through, which is not enough time. They are calling on Minister Jordan to take action to allow for proper fish passage, which they say would require the gates to be opened permanently.
• On November 5, 2020, Nova Scotia Department of Transportation and Infrastructure Renewal (NSTIR) submitted an application for a Fisheries Act authorization for replacement of the current tidal gate (Phase 2), with detailed design and operation plans for fish passage. DFO will now conduct a review under the Fisheries Act and Species at Risk Act, including an evaluation of the effectiveness of fish passage for migratory species likely to use the Avon River, such as Atlantic Salmon, Gaspereau, and American Eel.
• In May 2020, DFO issued a Ministerial Order to Nova Scotia Department of Agriculture to improve fish passage and undertake additional monitoring at the tidal gates during the spring migration. Operating a structure that is at its end of life, while attempting to provide fish passage and maintain adequate flood control, has presented various challenges.
• DFO will also continue to work with the Nova Scotia Department of Agriculture, the current operator of the existing tidal gate, to maximize fish passage within the limitations of the aging structure.
• The NSTIR has commenced construction to twin and upgrade parts of existing Highway 101 near Windsor, Nova Scotia. Upgrading the tidal gate and installing fish passage structures at the outlet to the Avon River will be part of Phase 2 of the project.

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