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.

At this time, my department is waiting for additional information to support the Government of Nova Scotia’s application for a Fisheries Act authorization for replacement of the existing tidal gates. Once received, we will be able to continue our review, including ensuring there is meaningful consultation with the Mi’kmaq on any potential impacts to their rights.

My department is committed to working with the province, Indigenous groups and other stakeholders to improve the design of the new structure for fish passage for all fish species likely to use 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 on a regular basis to ensure the latest information is considered in the decision making.

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:
• Fisheries and Oceans Canada (DFO) is reviewing the application for a Fisheries Act authorization for Phase 2. DFO is currently awaiting additional information from the proponent to support the application, as the initial proposed operating scenario did not provide sufficient improvements in fish passage to be compliant with the Fisheries Act. Once the information is received and determined to be sufficient, DFO experts will initiate consultation with the Mi’Kmaq.
• Among other things, DFO 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, the Nova Scotia Department of Public Works (NSDPW), formerly Transportation and Infrastructure Renewal, submitted an application for a Fisheries Act authorization for installation of a new tidal gate and fish passage structure to replace the current tidal gate (this is referred to as Phase 2 of the Highway 101 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 tidal gate structure (aboiteau) (Phase 2). DFO issued an authorization for Phase 1 of the project (expansion of the existing causeway at Windsor over the saltmarsh at the mouth of the Avon River) in January 2020.

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