Chignecto Isthmus court case will not determine who should pay
Chief justice says Houston's comments caused confusion about what the court was being asked
Lawyers for the Nova Scotia government confirmed this week that they're not looking to the province's highest court to weigh in on a funding question that Premier Tim Houston wants answered about the Chignecto Isthmus.
There has been a protracted dispute between Ottawa and the provinces of Nova Scotia and New Brunswick on the question of who should pay for work to bolster the isthmus against rising sea levels and increasingly severe storm surge caused by climate change.
The provinces want the federal government to pay in full for a project that's been estimated to cost $650 million over 10 years, but Ottawa has agreed to pay just half.
Meanwhile, the Nova Scotia government has asked the province's Appeal Court to give an opinion on jurisdictional responsibility for the isthmus — a narrow strip of land that connects Nova Scotia to New Brunswick and the rest of Canada. The case is being heard this week.
'Some confusion'
"There was some confusion in the minds of the panel on that point," Chief Justice Michael Wood told lawyers at the outset of the hearing, referring to the funding dispute.
Wood and two other Appeal Court judges heard some arguments related to the case earlier this year when the government of Canada tried to have the matter dismissed.
Lawyers for the province said at that time they weren't looking for an answer on who should pay. Rather, the question is whether Ottawa has "exclusive legislative authority."
However, just days after that initial hearing, Houston sent an open letter to Prime Minister Mark Carney — who had recently won the Liberal leadership — in which he contradicted his government's lawyers.
"I am seeking confirmation that a government led by you will accept the decision of the court, should the court decide that paying for the isthmus is a federal responsibility," Houston wrote to Carney.
Nova
Scotia Premier Tim Houston has previously said the court will decide
who should pay to repair and upgrade the dike system across the
Chignecto Isthmus. Lawyers for his government say that's not what the
court will decide. (CBC)
Wood brought up the correspondence in court Tuesday.
"I appreciate there may be some political aspects to that letter, but that's not the issue that we're being asked to decide in this reference — right?"
"That's correct, justice," responded Jeremy Smith, a lawyer representing the government of Nova Scotia.
'A political football'
The panel of justices pressed Smith and another lawyer for Nova Scotia, Michael Boyle, about why the province was asking for the court's opinion.
Justice David Farrar questioned how useful it might be to determine that Ottawa has the sole ability to legislate on matters related to the isthmus.
The lawyers wouldn't say what type of legislation Canada should bring forward or even if any new legislation is necessary.
"So are you saying that you're asking this question of us so it can be a political football that you can use against the feds?" asked Farrar.
"I certainly wouldn't call it a political football," responded Smith.
He continued by saying there is "a certain amount of politics" involved in any provincial-federal dispute. Boyle said earlier in the hearing that the question was framed as "a pure question of law."
The lawyers said an answer from the court would help further the dialogue between the two levels of government.
Nova Scotia and New Brunswick agreed this spring to split the cost of the project with Ottawa, but Houston said he only did so to "avoid delays," while still hoping that Ottawa would change its position.
The arguments
Boyle and Smith argued that Ottawa has sole legislative authority over the isthmus because of the importance of protecting the land for the sake of interprovincial trade.
One of their core points harkened back hundreds of years to Nova Scotia's entry into Confederation. Boyle said Nova Scotia was hesitant to join the federation and was convinced to do so with the promise of an intercolonial railway. The lawyers said Canada is still obligated by those promises to take responsibility for protecting the CN rail line that runs over the isthmus.
The
Chignecto Isthmus connects Nova Scotia with the rest of Canada and is
vulnerable to severe flooding from high tides and storm surge. (CBC News)
They also argued that the dams, dikes and aboiteaux that protect the isthmus from tidal inundation are an interconnected system that crosses Nova Scotia and New Brunswick and can't be managed by either province alone.
New Brunswick and Prince Edward Island are interveners in the case.
A lawyer for the government of New Brunswick also made submissions on Tuesday, reiterating many of the same arguments made by Nova Scotia.
The hearing is expected to continue Wednesday with submissions from Prince Edward Island and the federal government.
ABOUT THE AUTHOR
Ottawa implores court not to answer Chignecto Isthmus question
N.S., N.B. and P.E.I. want court to settle constitutional question of who's responsible for infrastructure
N.S.-Ottawa Chignecto Isthmus dispute heard in courtWeighing in on the authority over the Chignecto Isthmus is a waste of the Nova Scotia Appeal Court's "valuable time," federal lawyers argued Tuesday as they urged the province's highest court to forgo answering the constitutional question posed last summer.
The Houston government asked the court in July to rule on whether Ottawa has the "exclusive" authority to protect infrastructure on the land connection between Nova Scotia and New Brunswick.
That responsibility has been a point of contention between the Maritime provinces and Ottawa, and federal government lawyers asked the Appeal Court this week to exercise its discretion not to answer, arguing the question is vague and unfounded.
"The question is essentially an attempt to enlist the court in aid of what is really a funding dispute between orders of government," Lori Ward, a lawyer representing the federal government, told the panel of three Appeal Court judges in Halifax.
"And respectfully, that is an unnecessary use of this court's valuable time."
The isthmus is the only path for a national railway, highway, and power and communication lines that connect Nova Scotia to New Brunswick and the rest of Canada.
The Maritime and federal governments have been in talks for years about upgrading an aging dike system that protects the isthmus against inundation from the Bay of Fundy.
Many people who live or rely on the isthmus are calling for urgent action as experts warn that climate change is causing sea-level rise and more frequent and powerful storms, increasing the risk of severe flooding.
Appeal Court reserves decision
The
Chignecto Isthmus is the strip of land that connects New Brunswick and
mainland Nova Scotia. It's an integral trade corridor and is vulnerable
to flooding from the effects of climate change. (Craig Paisley/CBC)The latest cost estimate for upgrading the dikes is $650 million. Ottawa has offered to pay half, but Nova Scotia and New Brunswick want the federal government to pay the full cost.
Lawyers for Nova Scotia said they're not asking the court to rule on who should pay. They argued to the court that all jurisdictions involved need clarity on who has legislative authority to protect the CN railway, Trans-Canada highway, electric transmission lines and fibre-optic cables on the isthmus.
"Any action that will be taken in regards to protection of the isthmus after receiving a decision will be political decisions," said Jeremy Smith, a lawyer for Nova Scotia.
Nova Scotia's Court of Appeal reserved its decision on whether it will answer the question. If the answer is yes, another hearing will be scheduled. If the answer is no, the matter is over.
Chief Justice Michael Wood noted several times during the hearing that the court could decide to amend the question to make it more specific. He said it could also add qualifications to its answer to ensure it's not "misused" in the future.
New Brunswick and Prince Edward Island were intervenors in the case and both supported Nova Scotia's position.
Complicated question
The isthmus has had large dikes since 1671, when Acadian settlers arrived, and there are currently about 35 kilometres of dikes that help protect roads, railways, farms and communities.
Ward said the question of division of powers is complicated by existing provincial legislation governing such things as agriculture and the dike system on the isthmus.
"There are lots of things involved on the isthmus, and lots of them are provincial and some of them are federal," she said, adding that courts deciding any future questions would likely find there is "concurrent jurisdiction."
A freight train moves along the CN railway over the Chignecto Isthmus with the four-lane Trans-Canada Highway on the left. (Shane Fowler/CBC)
Smith argued that the dike system is "integral" to protecting the rail and communication lines that run through the isthmus, both of which are the responsibility of the federal government.
"It's not a hypothetical question. It's a question that addresses infrastructure that exists on the ground," Smith said. "The main argument is that it's not a thing standing on its own, that it's integrated into things that are federal undertakings."
Vulnerable area
At that point, Wood asked whether the Trans-Canada Highway that crosses the isthmus is a federal undertaking. "The trade that goes over it is," replied Smith, although he conceded that the highway itself isn't.
Smith also argued the records submitted to the court give clear definitions of what constitutes protective infrastructure. Those records include an engineering study on the dike system across the isthmus, he said.
Wood asked Smith if it would be fair for the court to amend Nova Scotia's question to make it clear that the infrastructure in question is the dike system, and he replied, "that would be completely fair."
ABOUT THE AUTHOR
With files from The Canadian Press
Work to protect Chignecto Isthmus going too slowly, say local politicians
Amherst mayor says work is stalled while provinces and Ottawa fight about who will pay
Politicians lobby for Chignecto Isthmus work to beginOfficials elected by the people living on and near the Chignecto Isthmus say work to protect the low-lying strip of land that connects mainland Nova Scotia to New Brunswick is going too slowly.
Local MLAs, mayors and other stakeholders attended a meeting this week at Amherst Town Hall, where they discussed pending upgrades to the centuries-old dike system that protects the isthmus from the battering tides of the Bay of Fundy and Northumberland Strait.
Amherst Mayor David Kogon said it's time for the provincial governments and Ottawa to stop fighting over who will pay for the project and get to work.
Scientists have estimated that extreme weather and rising sea levels caused by climate change threaten to flood the Chignecto Isthmus by the year 2100, which would have devastating effects for Amherst.
Kogon said he worries that timeline is accelerating, and there's little his town can do to protect itself.
"All we can do is advocate and push the higher levels of government because that's where the money is," he told reporters following the meeting.
Two years ago, a study commissioned by Nova Scotia and New Brunswick yielded a report that said the dikes need major repairs.
No construction has started, but a spokesperson for the Nova Scotia Department of Public Works said there is other work underway. They said staff are studying the impact of water movement in the area, hiring a project manager and engaging with governments, academics and others.
David Kogon is the mayor of Amherst. (Town of Amherst)
Work stalled over funding questions
Kogon said he has "full confidence" in the work getting done, eventually, but he thinks it's stalled.
"Unfortunately they can only plan to a certain point. They can't go beyond a very beginning nature in the planning until the financial agreements are in place on how it will be paid for."
But Nova Scotia Public Works Minister Kim Masland said it's not true that things have stalled. She said she knows things need to move quickly, and she worries every time a major storm hits the area, but there are some things that can't be sped up.
"We have regulatory approvals we have to go through," she said, adding that there's a "tremendous amount of work to be done before we can actually put shovels into the ground."
The study from 2022 pegged the cost of raising and strengthening the dikes around $300 million, but the cost estimate has since ballooned to $650 million.
Ottawa wants to share the cost with the provinces, but the provinces want the federal government to cover the whole bill.
New
Brunswick Green MLA Megan Mitton and Nova Scotia Independent MLA
Elizabeth Smith-McCrossin represent districts on the Chignecto Isthmus. (Pat Callaghan/CBC)
Nova Scotia and New Brunswick reluctantly applied for a cost-share agreement through the federal Disaster Mitigation and Adaptation Fund, but they're also in the midst of a court case pushing for Ottawa to pay more.
New Brunswick Green MLA Megan Mitton and Nova Scotia Independent MLA Elizabeth Smith-McCrossin were both at the meeting in Amherst this week, and said their constituents are tired of waiting.
"It's frustrating because we've lost precious time," said Mitton.
"People want shovels in the ground," said Smith-McCrossin.
Bill passed in Senate
New Brunswick Sen. Jim Quinn thinks a bill he introduced could help move things along.
"We simply need to do this more quickly," Quinn told reporters in Amherst.
Bill S-273 passed through the Senate this spring. Quinn said Conservative MP Stephen Ellis, who represents the Nova Scotia riding of Cumberland-Colchester, will sponsor the bill in the House of Commons this fall.
New Brunswick Sen. Jim Quinn, pictured in Amherst Town Hall on July 23, 2024. (Taryn Grant/CBC)
The bill declares improvements to the dikes on the Chignecto Isthmus "to be for the general advantage of Canada." It does not explicitly call for Ottawa to pay for the whole project, but Quinn said it could lead to the federal government paying for more than the 50 per cent that's currently on the table.
He said it could also result in the federal government taking the lead on other aspects of the project such as consulting with Indigenous communities and assessing environmental impacts.
Quinn said he thinks his bill also highlights the need for regional equity, pointing to Ottawa's decision to spend $1 billion over 25 years to repair and maintain a Quebec bridge, while resisting the call to pay for the Chignecto Isthmus work.
"We need to be treated fairly and equally as others in the federation," said Quinn.
ABOUT THE AUTHOR
N.B., P.E.I., Ottawa join N.S. court case on Chignecto Isthmus costs — but local MLA left out
Court of Appeal will decide who is responsible for cost of isthmus repairs
The governments of Canada, New Brunswick and Prince Edward Island will be allowed to speak at the Nova Scotia Court of Appeal case on who must pay to repair the Chignecto Isthmus. But Independent MLA Elizabeth Smith-McCrossin has to sit the matter out.
This summer, the Nova Scotia government asked the court to rule on a constitutional question of who must cover the cost to shore up infrastructure on the isthmus, which is vulnerable to catastrophic flooding.
The work is estimated to cost hundreds of millions of dollars. A 2022 report commissioned by Nova Scotia, New Brunswick and Ottawa offered three blueprints ranging in price from $189 million to $300 million. More recently, New Brunswick received an estimate that suggests the costs could reach $650 million.
The governments of Nova Scotia and New Brunswick want Ottawa to foot the entire bill, while Ottawa wants a cost-sharing deal.
The other Maritime provinces, Ottawa and Smith-McCrossin — whose riding, Cumberland North, includes part of the Isthmus — all applied for intervenor status in the case. Justice David Farrar considered their bids at a hearing Thursday morning.
Before making a ruling, Farrar asked the legal team for Nova Scotia's attorney general for its opinion on each of the possible intervenors.
Other parties rejected MLA's application
Lawyer Jeremy Smith said the province consented to the intervention of each of the other governments, but didn't think Smith-McCrossin's position on the matter was distinct from that of the provincial governments.
Lawyers for Ottawa, New Brunswick and P.E.I. each echoed Smith, saying they doubted Smith-McCrossin's presence as an intervenor would add to the proceedings.
Independent
Nova Scotia MLA for Cumberland North, Elizabeth Smith-McCrossin,
standing outside chambers for the Nova Scotia Court of Appeal on
Thursday, Sept. 21, 2023. (Galen McRae/CBC)
At the end of the brief hearing, Farrar decided to let the three governments join the case as intervenors, but he rejected Smith-McCrossin's application.
"It's not necessary to make the determination that this court needs to make on the constitutional question," he said of Smith-McCrossin's participation in the case.
Worried about delays
Smith-McCrossin said she was disappointed but respected the decision.
"The people that live on or near the Chignecto Isthmus have very real concerns: flooding, the risk to their lives and property. And I wanted to ensure that the people there are truly represented in this case," she said in an interview following the hearing.
The Chignecto Isthmus connects Nova Scotia with the rest of Canada. (CBC News)
She said her constituents are worried the court proceedings could drag on, delaying the start of work to repair the centuries-old dikes that hold back the ocean tides.
"We can't afford any delays in getting the dikes raised and getting the work done. This work should have started years ago, to be honest."
The critical transportation corridor is becoming increasingly vulnerable to flooding as the condition of the aging dikes continues to decline, and extreme weather events increase in frequency due to climate change.
ABOUT THE AUTHOR
CBC's Journalistic Standards and Practices
55 Comments
David Amos
Surprise Surprise Surprise
Don Corey
There is something very wrong when the local MLA for the Chignecto Isthmus is denied intervenor status in the case.....and supported by the feds and 3 Maritime provinces. Could it be because she sits as an independent, and does not have to toe any party line?
David Amos
Reply to Don Corey
Bingo
Wednesday, 19 July 2023
N.B., N.S. premiers ask Ottawa for isthmus funding, but unhappily
N.S. government asking Court of Appeal to rule on Chignecto Isthmus
Province seeks ruling on whether Ottawa responsible for safeguarding land connection with N.B.
In court documents filed Wednesday, the Department of Justice is asking the court to answer a simple question: "Is the infrastructure which protects the interprovincial transportation, trade and communication links across the Chignecto Isthmus within the exclusive Legislative Authority of the Parliament of Canada?"
Earlier this week, both Nova Scotia and New Brunswick reluctantly agreed to apply for federal funds to shore up the land link through a cost-sharing program designed to mitigate the effects of climate change.
Premiers Tim Houston and Blaine Higgs want Ottawa to pay for the entire cost of protecting the Chignecto Isthmus, which is more vulnerable to storms and flooding due to climate change.
Houston indicated Tuesday the Nova Scotia government would file a reference case with the Nova Scotia Court of Appeal to argue that Ottawa is obligated to pay the full cost of the project
The project to improve and strengthen the dike system is estimated to cost $400 million. Ottawa is prepared to cover up to half the cost, but New Brunswick has received an estimate that suggests costs could increase to $650 million.
ABOUT THE AUTHOR
36 Comments
This,the loop. The lake in Windsor. You work for nova scotians tim. Not the conservative party of canada.
How about you help nova scotia s by
1 index income tax to inflation,like nerly every other province in canada.
2. Get wages up to qhere they should have been 10 years ago.
3. Roll out incentives for small and med size farms to grow local and sell local.
4. Build an large scale slaughtergouse for the 4 easten provinces so we dont need to send our livestock to ont..
Reply to Graeme Scott
And only NS has referred a case to the court, so...
what has this man done for nova scotia
Good question
JOhn D Bond
So Houston wants all the benefits and employment associated with this transportation corridor, but not willing to pay for maintaining it.
Funny how provinces view shared responsibilities.
Don Wienauer
Reply to JOhn D Bond
"Funny how provinces view shared responsibilities."
They're asking the court to confirm whether it is in fact a shared responsibility. That's actually a good thing to have resolved.
CBC news articles are the cole's notes of good journalism
Yea right
Babs Laroux
Houston can't even abide by the Federal Govt's aboiteau decision but now he's asking for all the Fed money and promises to abide by it (getting the work done)...
Bob Smith
If NS and NB drag this out in the courts, the cost could go even higher.
Don Wienauer
Reply to Bob Smith
Reference cases like this do not take the courts long to answer.
Reply to Don Wienauer
If you believe that this will be resolved in a single hearing within the next 60 days, you'd be correct. However, the provinces could appeal this upwards and drag it out for years..
Reply to Bob Smith
"However, the provinces could appeal this upwards and drag it out for years."
It's a very safe bet that no matter how the NSCA rules, the decision will be appealed, but reference cases like this are very uncomplicated, straightforward things and the SCC would also rule very quickly. There's no chance of it being "dragged out for years".
I would not bet the farm on your opinion
I concur
Reply to David Amos
How you bet is of no consequence to me.
The same holds true of your opinions to me
Reply to David Amos
Then why bother addressing your comments to me? Just ignore me - I'm totally fine with that.
Art Rowe
Well, at least if the court(s) rule in Ottawa's favour, we have the application in so we (NS) would only be on the hook for 1/4th of the cost.
So you say
Why The Chignecto Isthmus Should Matter to All Canadians (Case Ref: ES3077)
Premier<PREMIER@novascotia.ca> | Thu, Jul 20, 2023 at 4:22 PM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
Thank you for your email to Premier Houston. This is an automatic confirmation your message has been received. | |
David Amos<david.raymond.amos333@gmail.com> | Thu, Jul 20, 2023 at 4:22 PM |
| To: Elizabeth Smith-McCrossin MLA <mla@esmithmccrossinmla.com>, "blaine.higgs"<blaine.higgs@gnb.ca>, PREMIER <PREMIER@gov.ns.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"<Katie.Telford@pmo-cpm.gc.ca>, "pierre.poilievre"<pierre.poilievre@parl.gc.ca>, premier <premier@ontario.ca>, premier <premier@gov.ab.ca>, Office of the Premier <scott.moe@gov.sk.ca>, premier <premier@gov.pe.ca>, premier <premier@gov.yk.ca>, premier <premier@gov.nt.ca>, premier <premier@leg.gov.mb.ca>, premier <premier@gov.nl.ca>, premier <premier@gov.bc.ca> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, "Robert. Jones"<Robert.Jones@cbc.ca>, "rob.moore"<rob.moore@parl.gc.ca>, "Ross.Wetmore"<Ross.Wetmore@gnb.ca> | |
https://davidraymondamos3. Wednesday, 19 July 2023 N.B., N.S. premiers ask Ottawa for isthmus funding, but unhappily | |
N.B., N.S. premiers ask Ottawa for isthmus funding, but unhappily
Higgs, Houston say provinces want ruling that Ottawa should pay entire $650 million cost of upgrade
But Blaine Higgs and Tim Houston say they're not accepting that Ottawa will only pay for half the project and will still go to court to argue it should cover the entire cost, now estimated at $650 million.
The two Progressive Conservative premiers have been in a war of words with the federal Liberal government for more than a year over whose responsibility it is to reinforce the road, rail and telecommunications infrastructure linking New Brunswick and Nova Scotia.
The federal government offered to fund up to half the project, and until Tuesday it wasn't clear if the two provinces would even apply for funding on that basis.
Federal
Infrastructure Minister Dominic LeBlanc, left, and Higgs at the growth
meeting Tuesday of federal and provincial politicians from the region.
LeBlanc wouldn’t commit to funding half of the new $650 million cost
estimate for the Chignecto Isthmus project. (Isabelle Arseneau/Radio-Canada)
"Yes, we will be applying for it to meet the deadlines that have been put forward," Higgs said at a news conference.
"At the same time we will be seeking clarification and a legal interpretation of the Constitution."
Houston said his government will file a reference case with the Nova Scotia Court of Appeal to argue that Ottawa is obligated to pay the full cost of the project.
He said other provinces will likely intervene in that case. Reference rulings are non-binding.
Ottawa has 'dug in': Houston
"This is a nationally significant trade corridor," Houston said. "I don't believe there's disagreement on the significance of it, but I think there's a little bit of difference of opinion on who should pay. I believe it should be a priority of the federal government."
The two premiers spoke following an Atlantic Growth Strategy meeting of federal and provincial politicians from the region.
The deadline for the two provinces to file their applications to the federal Disaster Mitigation and Adaptation Fund is 4 p.m. AT Wednesday.
"The federal government has dug in," Houston said. "They said 'No [to paying the full cost], apply under the program for half.' So we'll do that."
The
Chignecto Isthmus is a key transportation corridor that connects Nova
Scotia to New Brunswick. The premiers for both provinces have been in a
war of words with the federal Liberal government for more than a year
over whose responsibility it is to reinforce the road, rail and
telecommunications infrastructure. (CBC News)
An estimated $35 billion in trade each year crosses the isthmus, which is protected from the Bay of Fundy tides by dikes and an aboiteau built centuries ago.
A 2018 report found that 70 per cent of the dikes in Nova Scotia are vulnerable to a one-in-50-years storm. Sea levels in the province are projected to increase by as much as a metre by 2100.
The Trans-Canada Highway, the main Canadian National rail line and fibre optic cables all cross the isthmus not far from the water's edge.
Isthmus upgrade 'a priority project,' LeBlanc says
Federal Infrastructure Minister Dominic LeBlanc wouldn't commit to funding half of the new $650 million cost estimate, saying the question was hypothetical because the application hasn't been filed yet.
"We will evaluate the project that they will submit," he said.
He said Ottawa will probably receive applications for billions more than what's in the disaster fund's budget, but he called the isthmus upgrade "a priority project."
Nicole
O’Byrne, a University of New Brunswick law professor, says the Nova
Scotia and New Brunswick premiers are on solid ground arguing the
Chignecto Isthmus project is within federal jurisdiction because the
infrastructure links two provinces and, by extension, the country. (Mag Hood/Submitted by Nicole O'Byrne)
Houston complained Tuesday that the provinces shouldn't be forced to apply under the disaster fund.
He said the project is so large that it'll crowd out other worthy mitigation and adaptation projects in Nova Scotia.
"All the other projects would be more suited, better suited, properly suited for that program — they don't have a chance to get approved," he said.
Upgrade estimate now $650 million
A report released in March 2022 presented three options, with the most expensive — raising the existing dikes and installing reinforcing steel sheet pile walls in some locations — estimated at $300 million.
Earlier this year the estimate was increased to $400 million. Ottawa agreed to contribute $200 million, or half the total, under a federal disaster mitigation program.
But now the Higgs government is putting the total figure at $650 million.
Memramcook-Tantramar
Green MLA Megan Mitton, whose riding includes the New Brunswick part of
the isthmus, says work could have started by now if not for the
federal-provincial feuding. (Jacques Poitras/CBC News)
Spokesperson Bruce Macfarlane said the new figure comes from a joint analysis by the two provinces along with a private engineering firm. He said the $650 million figure includes a contingency for cost overruns.
University of New Brunswick law professor Nicole O'Byrne says the two premiers are on solid ground arguing the project is within federal jurisdiction because the infrastructure links two provinces and, by extension, the country.
"The courts would likely find that is sufficient evidence to place the Chignecto Isthmus project under the jurisdictional authority of the federal government," she said.
But she said that doesn't necessarily mean Ottawa would be forced to pay the entire cost.
"Courts generally do not rule on the funding formula that should be used to fund cost-sharing projects," she said.
"This is not a legal determination. It is a political expression of co-operation by provincial and federal governments in the public interest."
Feud 'wasting the precious time,' says N.B. MLA
Memramcook-Tantramar Green MLA Megan Mitton, whose riding includes the New Brunswick part of the isthmus, says work could have started by now if not for the federal-provincial feuding.
"It has become something where they are trying to score political points, and it's really frustrating," she said.
Mitton said the town of Sackville and other low-lying areas around the isthmus are one extreme storm away from disastrous flooding.
"We're really facing a major risk and I'm terrified that this bickering is going to waste the time that we need.... They're wasting the precious time that we need to protect my community."
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206 Comments
The TCH is irrelevant. It's not a federal entity.
"The courts would likely find that is sufficient evidence to place the Chignecto Isthmus project under the jurisdictional authority of the federal government," she said.
But she said that doesn't necessarily mean Ottawa would be forced to pay the entire cost.
"This is not a legal determination. It is a political expression of co-operation by provincial and federal governments in the public interest."]
- To the one that stated that it's the federal's responsability and quoted the professor as a backup, as opposed to what he stated, she is stating very clearly that "that doesn't necessarily mean Ottawa would be forced to pay the entire cost" .
MLA Mitton nailed it when she stated: - ""It has become something where they are trying to score political points, and it's really frustrating...,"
"We're really facing a major risk and I'm terrified that this bickering is going to waste the time that we need.... They're wasting the precious time that we need to protect my community."
Fredericton Greens back in the fight for progressive voters
Nicole O'Byrne will try to win riding back after former Green MP Jenica Atwin defected to Liberals
Jacques Poitras · CBC News · Posted: Jul 26, 2021 3:17 PM ADT
Instead we could have spent much of it and somehow made money doing it? Good one!
Reply to Michael Cain
New brunswick is the porrest province in canada
Reply to Don Corey
Yeah, we all know where that came from too. Interest on loans could be an ongoing payment to the debt. Economics 101.
Reply to Denny O'Brien
Since 2019, thanks to the Higgs government.
Reply to Michael Cain
Yep, from the feds; just like all the other provinces receiving transfer payments. There is a formula to determine the amounts, so it's not "free money from Trudeau".
Too bad you failed Economics 101; I aced it!
False statement.
True statement; no made-up stories from me.
Reply to Michael Cain
Yeah, sure.
Reply to Don Corey
Infact that formula was created by harper,kenny and the gang
Reply to Don Corey
You aced your own remark? How about we ask an impartial arbitrator?
He aced it
Reply to David Amos
Don Corey
Rest assured that the federal government would have agreed to cover the entire cost had this project involved Ontario and Quebec. Dom continues his record of doing nothing for the Maritimes, who have been on a downhill slope ever since Confederation.
But no problem for $30 billion total in tax credits for two foreign-owned companies to set up battery plants in Ontario.
Reply to Don Corey
Federal spending between 2007 to 2019 in Atlantic Canada equaled $390.7 billion compared to revenue of $209.3 billion, a net inflow $181.4 billion of federal money. Maybe ask Higgs what he has done with our share.
Reply to Michael Cain
Why don't you tell us where it went? You pretend to have all the answers.
And what has Dom really done for NB and the Maritimes?
Reply to Michael Cain
He has been spending it, ask the AG if you are that concerned.
Reply to Archie MacDaniel
On what?
Amen
Why The Chignecto Isthmus Should Matter to All Canadians (Case Ref: ES3077)
Elizabeth Smith-McCrossin MLA<mla@esmithmccrossinmla.com> | Thu, Jul 20, 2023 at 2:27 PM |
| To: david.raymond.amos333@gmail.com | |
 Dear David AmosWhy The Chignecto Isthmus Should Matter to All Canadians I learned what a “peninsula” was in elementary school. It is from the Latin words “paene” almost and “insula” island; it is a piece of land bordered mostly by water but connected to the mainland. Nova Scotia is a peninsula, and the Chignecto Isthmus is the connecting piece of land linking Nova Scotia to the rest of Canada. Approximately 21 km wide, the Isthmus separates the waters of the Bay of Fundy from those of the Northumberland Strait. It is protected from the high energy and tides of the Bay of Fundy, primarily by historic earthen dikes originally constructed by the Acadians in the 1600s to assist in farmland development. The Chignecto Isthmus has long been recognized for its strategic location. Indigenous peoples have been on this land for thousands of years and when the British and French began exploring the area, they too saw its value and eventually built Fort Beauséjour, Fort Lawrence and Beaubassin. Britain and France fought over this area because of its access to important waterway connections to America and Europe. Many years ago, as a young entrepreneur, I attended an Atlantic Canada Chamber of Commerce Conference in Fredericton, NB. It was during a time when the “Atlantic Gateway” and the concept of Atlantica were being promoted. Shortly thereafter, the Federal Government, along with the four Atlantic provinces, published a paper called “The Atlantic Gateway and Trade Corridor Strategy: Connecting Canada with the World.” This included immediate measures and future directions to achieve the vision of a strategic, integrated and globally competitive transportation system comprised of major ports, international airports, key border crossings, as well as road and rail connections between Atlantic Canada and North America’s major markets all supporting the movement of international commerce. It was focused on taking advantage of our strategic location which Cumberland County, NS, Westmorland County, NB and the Chignecto Isthmus are at the heart of. That vision wasn’t new. Canada’s Confederation in 1867 was initially inspired by political leaders, led by Sir Charles Tupper of Amherst, who wanted to capitalize on our natural trade corridor. They wanted to increase trade activity by building a national railway connecting the Maritimes with what we now know as Canada. Unfortunately, since Confederation, the Maritimes has lost political influence and economic strength. This is why federal leaders and cabinet ministers and even local and provincial governments, have not given this the priority it deserves. There is a lack of intellectual understanding and respect for the significance of this Trade Corridor, which the Chignecto Isthmus is the heart of. Despite this long and rich history of trade and commerce using the Chignecto Isthmus, there currently does not appear to be a true sense of urgency or priority by the Federal or Provincial governments to ensure the Atlantic Gateway and Trade Corridor stays “intact.” Calls for government action seem to fall on deaf ears. Even though experts in climate change and the environment have been calling on all levels of government to protect the dikes from rising sea levels along the 35 km on both ends of the Isthmus, nothing is happening. As storms increase in intensity and sea levels rise, the risk of catastrophic flooding and critical road and rail infrastructure failure are becoming more of a reality. On average, trade through the Isthmus has been reported to be $50 million a day or $32 Billion a year. This supply chain carries many essential goods including food with Nova Scotia importing over 90% of the food consumed. Agricultural experts have cited data showing that if this critical supply chain were to be broken, Nova Scotians could run out of food in less than one week. The province of NB did lead an engineering study to determine the best recommendations for enhancing the dikes and the marshlands they protect. Initially, the federal government stated they would cover 50% of the costs of the work and suggested NB and NS should split the other 50% in a similar way to how the engineering study had been funded. NS and NB never disputed this funding formula until just recently when they publicly stated that the Federal government should cover all costs. Dominic LeBlanc, Federal MP for Beausejour (NB) and Minister of Intergovernmental Affairs, Infrastructure and Communities, recently reminded the two Premiers they could apply for $200 million funding from the Federal Disaster Mitigation Fund, with an application deadline of Wednesday, July 19th. The Premiers have held the line saying that the protection of the Chignecto Isthmus is a federal responsibility, and they will challenge it in court if necessary. Last week New Brunswick MLA Megan Mitton and I called upon the premiers of NB and NS asking them to reconsider their respective provincial governments' decision not to apply for the available funds to address the major flood risk that threatens the Isthmus of Chignecto. At the eleventh hour the Premiers decided to apply for the funding while also taking the federal government to court in hopes a judge will rule that the feds have to pay the entire bill (of which the estimate has tripled strategically in the past 24 hours to $650 million). The people in Cumberland North that have contacted me say they don’t care which taxman pays for the work, they want the delays to stop, and they want the job done. Most people know the effects will be devastating if a storm destroys critical infrastructure and breaks the supply chain. Other areas of the country and the world have ignored similar warnings, and the results have been devastating. Floods in Abbotsford, BC in 2021 and the levee breeches in New Orleans following Hurricane Katrina are prime examples of what can happen when critical infrastructure work like this is not done to prevent storm damage. While there is a good argument for the Federal government to pay the entire bill to have this critical infrastructure built stronger, doing so could allow our Maritime provinces to be further weakened by federal leadership that has been more focused on Central and Western Canada since Confederation, often dismissing the Maritimes as a weak link. The provincial premiers of Nova Scotia and New Brunswick – and all citizens of our provinces - would be better off if we contributed financially to the protection of the Isthmus and had a stake in the game. In the world of business, if you refuse to pay any portion of a bill, you lose the ability to have a say in the work that gets done. We can’t afford that. We cannot trust Ottawa to make the best decisions on the repairs to the Chignecto Isthmus. Those decisions should be made by Maritimers. We know our land and we know our waterways. We have an opportunity now to show Canada why the Maritimes led the way to Confederation. Let’s do it. Elizabeth Smith-McCrossin MBA, BScN Cumberland North MLA Excellence in Health care is my priority If you are looking for work in Health care please join one of our teams in Cumberland, For more information please contact me and take a look at these links: Cumberland Regional (Close to Amherst) Hospital: https:// Pugwash Hospital (brand new facility summer 2023) : https://pugwashhealthcare. If you wish to unsubscribe from the emails please contact Daniel.Gould@novascotia.ca 2.jpg) | |
Why The Chignecto Isthmus Should Matter to All Canadians (Case Ref: ES3077)