We contacted DFO in regards to their role in the application to infill Dartmouth Cove, approved by Transport Canada. Here is their reply.
**** Info via DFO
We are currently reviewing the proponent’s application to ensure it meets requirements under the Fisheries Act.
Fisheries and Oceans Canada (DFO) is responsible for the conservation and protection of fish and fish habitat. DFO conducts regulatory reviews of works, undertakings and activities under the Fisheries Act, Species at Risk Act and Aquatic Invasive Species Regulations.
The Department reviews information on the predicted impacts to fish and fish habitat and aquatic species at risk to determine how to best protect and conserve them using regulatory or non-regulatory tools. Our review considers a variety of factors including the scale of the project, the characteristics of the fish and fish habitat affected, and avoidance, mitigation and offsetting measures.
If DFO determines a work, undertaking or activity would result in the harmful alteration, disruption or destruction of fish habitat, a Fisheries Act authorization may be issued. If issued, a Fisheries Act authorization would include mitigation measures and require the proponent to offset or counterbalance the impacts of the project on fish habitat.
In addition, the Department also considers potential adverse effects of regulatory decisions on the rights of Indigenous peoples.
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We have received this feedback via the Office of the Minister of Transport. HRM response (posted earlier) reposted below
“Hello,
If you would, we have a reaction you can attribute to the Minister’s office to include in your piece today about the infill!
“We fully understand the concerns raised by the community regarding this project. Under the Canadian Navigable Waters Act, Transport Canada renders decisions related to the impacts on navigation only and does not evaluate the overall use or merits of a given project.”
I can also confirm that, like with the Northwest Arm, there is an opportunity for the Halifax Regional Municipality to respond, and it’s within their authority to do so.
Transport Canada will cooperate with the municipality on any potential regulations they put forward.
Thanks you
Vasken Vosguian”
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**** Via HRM
On November 14, Regional Council passed the following motion requestions a staff report about Dartmouth Cove. Link to minutes here https://www.halifax.ca/sites/default/files/documents/city-hall/regional-council/231114rcmins.pdf Staff, led by legal services, is currently working on responding to this request and more information will be available when the report is considered by Council.
Request that staff engage with the Federal government to explore the Minister’s willingness to adopt or otherwise permit further restrictions with respect to infilling in Dartmouth Cove and prepare a supplemental staff report regarding the initiation of bylaw amendments to the Regional Centre Secondary Municipal Planning Strategy to restrict water lot in filling in Dartmouth Cove.”
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Update – Yesterday we shared that Transport Canada approved the infilling project at Dartmouth Cove. Here are a few updates, including plan drawings and confirmation letter.
**** Via HRM
This is the link to the Northwest Arm Council report, which mentions Dartmouth Cove infill
https://www.halifax.ca/media/84845
Also, on November 14, Regional Council passed the following motion requestions a staff report about Dartmouth Cove. Link to minutes here https://www.halifax.ca/sites/default/files/documents/city-hall/regional-council/231114rcmins.pdf Staff, led by legal services, is currently working on responding to this request and more information will be available when the report is considered by Council.
3. Request that staff engage with the Federal government to explore the Minister’s willingness to adopt or otherwise permit further restrictions with respect to infilling in Dartmouth Cove and prepare a supplemental staff report regarding the initiation of bylaw amendments to the Regional Centre Secondary Municipal Planning Strategy to restrict water lot in filling in Dartmouth Cove.
Repost
According to Transport Canada, it appears that the application to infill Dartmouth Cove has been approved. We will update as more information comes in
**** Info via Transport Canada
Dartmouth Cove Waterfront Infill Project PID: 00114132
Infill
Request details
Registry number 5269
Application type Application for approval
Date received 2022-03-24
Date notice published 2022-05-11
Province Nova Scotia
Waterway Halifax Harbour
Work types Infill
Expected construction start 2024-09-01
Expected construction end 2026-09-01
Latitude44.66417 Longitude-63.55806
Status Approved
Link to approval
https://nwar-rlen.tc.canada.ca/files-dossiers/2022-206446
Update via Transport Canada
Supporting documentation for the project and the Canadian Navigable Waters Act approval review can be found on the Common Project Search site here:
https://common-project-search.canada.ca/?GoCTemplateCulture=en-CA
.
According to Transport Canada, it appears that the application to infill Dartmouth Cove has been approved. We will update as more information comes in
**** Info via Transport Canada
Dartmouth Cove Waterfront Infill Project PID: 00114132
Infill
Request details
Registry number 5269
Application type Application for approval
Date received 2022-03-24
Date notice published 2022-05-11
Province Nova Scotia
Waterway Halifax Harbour
Work types Infill
Expected construction start 2024-09-01
Expected construction end 2026-09-01
Latitude44.66417 Longitude-63.55806
Status Approved
Link to approval
https://nwar-rlen.tc.canada.ca/files-dossiers/2022-206446
Update via Transport Canada
Supporting documentation for the project and the Canadian Navigable Waters Act approval review can be found on the Common Project Search site here:
https://common-project-search.canada.ca/?GoCTemplateCulture=en-CA
