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

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 existing Avon River tidal gate.
My department is currently reviewing a Fisheries Act authorization application from the Government of Nova Scotia for a replacement to the existing tidal gates. 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 protect fish and fish habitat in the Avon River.

Ministerial Order
To address concerns about fish passage, my department has issued a Ministerial Order to the province on the operation of the tidal gates.

The Order will be reviewed every two weeks and adjusted in the event that additional information demonstrates potential impacts to safety or property.

Existing structure (Ministerial Order):
• Since the issuance of the Ministerial Order (MO), the Department has heard from stakeholders and the local Member of Parliament that the MO is impacting or will impact competitive paddling, agriculture operations, residential drinking water, emergency water for fire fighting, snow making operations and property use/value.
• The MO requires that the gates be left open during the falling tide which results in lower than normal water levels in Lake Pisiquid and allows at least 10 minutes of saltwater to enter above the tidal gates on the incoming tide before closing the gates to ensure flood control from tidal waters.
• As with any structure regulated under the Fisheries Act, the responsibility to communicate changes in operations that may impact stakeholders rests with the owner or operator of the structure.
• On June 1, 2021, it was decided that the Department would continue with issuance of the MO every two weeks, until such a time that issues considered relevant by the Minister would require a change in the MO, or that the new structure is put into operation.

New structure:
• DFO is reviewing the application for a Fisheries Act authorization for Phase 2. Among other things, DFO Maritimes Region will evaluate the effectiveness of fish passage for migratory species likely to use the Avon River, such as Atlantic Salmon, Gaspereau, and American Eel.
• On November 5, 2020, Nova Scotia Department of Public Works (NSDPW), formerly Transportation and Infrastructure and Renewal, submitted an application for a Fisheries Act authorization for installation of a new aboiteau and fish passage structure to replace the current tidal gate (this is referred to as the Phase 2 of the highway twinning project).
• NSDPW is proceeding with the twinning and upgrading of the existing section of Highway 101 from Three Mile Plains to Falmouth. The work includes upgrading the existing Avon tidal gate structure (aboiteau) in partnership with the Nova Scotia Department of Agriculture. DFO issued an authorization for Phase 1 of the project (causeway construction in the Windsor saltmarsh of Avon River) in January 2020.

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