Question Period Note: Northwest Arm, NS – Infilling of Private Water Lot

Northwest Arm, NS – Infilling of Private Water Lot

Fisheries and Oceans Canada conducts regulatory reviews under the Fisheries Act of projects that could result in death of fish, or a harmful alteration, disruption or destruction of fish habitat. This includes projects like infilling of coastal fish habitat.

If an application for authorization under the Fisheries Act is received, my department will consult with potentially impacted Indigenous groups.

My department remains committed to working with provincial officials and local stakeholders to protect fish and fish habitat.

• On March 30, 2022, the Impact Assessment Agency of Canada hosted a meeting that focused on the regulatory processes for infilling-type activities. Meeting participants included federal (including Fisheries and Oceans Canada (DFO)), provincial and municipal officials, a small group of stakeholders, a Member of Parliament, and two Senators. Most of the discussion focused on potential impacts to navigation. Many of the stakeholders and the Senators called for a moratorium of infilling projects in the Northwest Arm.
• On July 16, 2021, DFO received a letter from the Nova Scotia Minister of Environment and Climate Change, stating that the provincial Coastal Protection Act, which received Royal Assent in 2019, but has not yet entered into force, is intended to limit new infillings on submerged provincial Crown Land.
• The Province requested the federal government align with this approach for areas of federal jurisdiction (i.e., federal ports and private water lots). Currently, the proposed project is not consistent with how the Province plans to manage coastal development.
• On July 6, 2021, following a risk assessment of the project, DFO notified the proponent that a Fisheries Act authorization would be required for the destruction of fish habitat. An application for authorization has not yet been received.
• The Mi’kmaq of Nova Scotia have an Indigenous right to fish within the Northwest Arm.
• The project has been met with strong opposition from community groups led by neighbours and the Ecology Action Center (EAC). Additionally, Transport Canada indicated they received over 400 comments during their department’s 30-day public comment period, which ended on July 22, 2021. The local Liberal Member of Parliament, Andy Fillmore, has publicly stated his opposition to the project.
• Local community members are concerned the proponent’s request may set a precedent for other landowners to propose the same type of project, which could cause cumulative impacts to fish and fish habitat.
• This is an uncommon situation in that most water lots today are not privately owned. Pre-confederate, privately owned water lots were originally deeded to preserve a landowner’s access to the water adjacent to their property and allow for the construction of wharves and moorings.
• Infilling proposals in the Northwest Arm are subject to regulatory review under the Fisheries Act and Canadian Navigable Waters Act. In accordance with subsection 34(1) of the Fisheries Act, DFO must consider cumulative effects and other relevant factors.
• On June 1, 2021, DFO received a request for review from a private citizen (the proponent) to infill an area of 1,668 m2 within a privately owned water lot on the Northwest Arm of the Halifax Harbour.
• On May 27, 2021, a request for a Regional Assessment (RA) was submitted to the Impact Assessment Agency of Canada (IAAC) on behalf of community members and the EAC for the infilling of private water lots within the Northwest Arm of Halifax Harbour. The request for an RA was supported by local Members of Parliament and Senators. The Agency has received many letters of support for an RA in this area.
• In late November 2021, the Minister of Environment and Climate Change decided that a regional assessment of the Halifax Harbour area is not warranted under the Impact Assessment Act; however, he stated that he has “…asked Agency officials to coordinate discussions involving applicable federal, provincial, and municipal agencies as well as non-governmental organizations to discuss these issues further, and to explore potential means of addressing them through other existing or potential regulatory and planning processes”.
• IAAC is currently in the process of planning these discussions, which will focus on regulatory processes for these types of infilling activities rather than the specific project which prompted this interest.

None