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e-3125 (Environment)

E-petition
Initiated by Sonja Wood from Hantsport, Nova Scotia

Original language of petition: English

Petition to the Minister of Environment and Climate Change

Whereas:
  • The Windsor Causeway in Nova Scotia was constructed in 1968 without proper fish passage; to this day it impedes the migrations of many fishes, but most importantly the Endangered Inner Bay of Fundy Atlantic Salmon and the impacts on fish habitat;
  • The Province of Nova Scotia is currently twinning Hwy. 101 at the causeway site, and construction plans call for a 'test' aboiteau to be built near the remaining channel of the Avon River;
  • The EA study, prepared in 2017 by N.S. Transportation, Infrastructure and Renewal (TIR) for crossing the Avon River, inadequately explores or explains all the relevant options for fish passage and flood control, or options for bridges and free-tidal-flow;
  • Options for dykes and a 'partial opening' at the causeway, with bridges and actual costs/benefits need to be clearly outlined in the EA study; and
  • The lack of comprehensiveness in the aforementioned EA extends to the limits placed on the study area – decidedly only concerned with the lands, waters and stakeholders immediately upstream of the causeway, while impacts to the adjacent marine-side of the causeway are not given consideration.
We, the undersigned, Citizens of Canada, call upon the Minister of Environment and Climate Change to deny the approval of the request of the Province of Nova Scotia to build an aboiteau at the Avon River until a full and proper EA study has been completed and addresses all of these shortfalls.

Response by the Minister of Environment and Climate Change

Signed by (Minister or Parliamentary Secretary): The Honourable JONATHAN WILKINSON

The Highway 101 Twinning Three Mile Plains to Falmouth Project (the Project), which included an upgrade of the aboiteau on the Avon River, was subject to a Nova Scotia provincial environmental assessment.  On June 27, 2017, the Nova Scotia Minister of Environment approved the Project, subject to conditions. Under the Canadian Environmental Assessment Act,2012 (CEAA 2012), the Project was not described in the Regulations Designating Physical Activities, as such, it did not require a federal environmental assessment.

In August 2019, the Impact Assessment Act (IAA) came into force repealing CEAA 2012. The Project is not a designated project listed in the Physical Activities Regulations under the new act. While the IAA allows the Minister of Environment and Climate Change to designate a project that is not prescribed by regulations, it prevents him from designating a project that has substantially begun or where a federal authority has already issued an authorization related to the project.

Having spoken with the Province of Nova Scotia as well as the Department of Fisheries and Oceans (DFO), who participated in the provincial assessment, the Impact Assessment Agency of Canada has indicated that construction of this Project is well advanced. DFO has already issued an authorization for the Project which included the infilling of the salt marsh up to the existing Avon River. 

Since the Project has already begun and since DFO has already issued an authorization, the project cannot be designated for a federal impact assessment. However, the provincial approval included conditions requiring the proponent to provide DFO with a detailed design of the aboiteau structure to enable fish passage together with an analysis of any other options for fish passage at the Avon River causeway. The information provided must be to DFO’s satisfaction. DFO is currently reviewing information related to this condition.

We are confident that both the Province of Nova Scotia and DFO are ensuring elements of the Project related to fish and fish passage are assessed and mitigated adequately.

Open for signature
January 28, 2021, at 3:56 p.m. (EDT)
Closed for signature
February 27, 2021, at 3:56 p.m. (EDT)
Presented to the House of Commons
Laurel Collins (Victoria)
March 26, 2021 (Petition No. 432-00750)
Government response tabled
May 10, 2021
Photo - Laurel Collins
Victoria
New Democratic Party Caucus
British Columbia