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

What is creating the delay for Government of Canada to deliver the Fisheries Act authorization for the project?

• This a complex project. Protecting the environment and biodiversity is a priority for our government, and we continue to ensure fish passage at the Avon River tidal gate.
• My department remains in discussion with the Province of Nova Scotia regarding the information needed to support the on-going review of its request for a Fisheries Act authorization for the replacement of the tidal gates.
• My department will continue to work with the Province, Indigenous groups and other stakeholders to ensure fish passage along the Avon River.

• Fisheries and Oceans Canada (DFO) is currently reviewing the Nova Scotia Department of Public Works (NSPW) Application for a Fisheries Act Authorization for the replacement of the Avon River tidal gate, an important component of the highway 101 twinning project.
• DFO has requested that the Province provide more information on an operation scenario that would allow for adequate fish passage. Upon receipt of this information, DFO will be in a position to continue its review of the application for authorization and undertake Indigenous consultation.
• As per the Fisheries Act, adequate fish passage is a key component of the proposed structure, particularly with respect to migratory species likely to use the Avon River, such as Atlantic Salmon, Gaspereau, and American Eel.
• On November 5, 2020, NSPW submitted a Fisheries Act application for the replacement of the Avon River tidal gate.
• NSPW 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 (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.
Existing structure (Ministerial Order):
• Since the issuance of the Ministerial Order (MO), the Pisiquid Lake level has decreased and stakeholders and the local Member of Parliament have claimed that the MO is impacting or will impact competitive paddling, agriculture operations, residential drinking water, emergency water for firefighting, 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 Pisiquid Lake, and allow at least 10 minutes of saltwater to enter above the tidal gates on each 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 operation that may impact stakeholders rests with the owner or operator of the structure.

If pressed
• To address concerns about fish passage, my department continues to issue Ministerial Orders to the Province for operation of the existing tidal gates.
• The Orders are reviewed on a regular basis to ensure the latest information is considered in the decision making.