Halifax has formally requested the Supreme Court of Nova Scotia to confirm the implementation of municipal regulations limiting infilling in Dartmouth Cove in Halifax harbor, asserting that provincial stipulations deemed “unreasonable” by the municipality should not apply.
In November, Municipal Affairs Minister John A. MacDonald sanctioned Halifax’s planning and bylaw adjustments to restrict infilling in Dartmouth Cove, albeit with certain modifications. These include verifying that all affected land parcels fall within the municipality’s boundaries and ensuring compliance with federal jurisdiction.
Despite the Halifax Regional Municipality and Mayor Andy Fillmore providing additional details in letters to MacDonald and provincial officials in recent months, the minister remains unsatisfied. Consequently, HRM has initiated a notice of judicial review, seeking the court’s intervention in the minister’s conditional approval. The municipality aims to affirm the original changes endorsed by Halifax council in October as valid, without alterations by the minister.
Moreover, HRM challenges the reasonableness and legality of the minister’s amendments, claiming they exceed his authority. Jill Brogan, co-founder of Friends of Dartmouth Cove, expressed optimism about Halifax’s commitment to the modifications, hoping for a resolution without resorting to court proceedings.
Sarah Brannen, an HRM representative, clarified that the judicial review notice serves as a precautionary measure. Both Brannen and a spokesperson for Fillmore’s office conveyed hope for an amicable resolution without escalating the matter in court.
Calls from residents and government representatives at various levels have urged Halifax to restrict infilling in Dartmouth Cove, following a proposal by Atlantic Road Construction and Paving to infill the water lot with rock. The company contends that the project would enhance water quality and wildlife in the cove, emphasizing the necessity for additional disposal sites for pyritic slate in the region.
Bruce Wood, the company’s chief financial officer, expressed dismay at the prospect of a costly legal battle with the province, drawing parallels to Halifax’s ongoing dispute with the Annapolis Group developers. Wood highlighted potential legal actions if the bylaw enforcement proceeds, criticizing HRM’s handling of taxpayer funds.
While concerns arose about the company’s intent to commence construction on the water lot without permission, discrepancies emerged between HRM and the company regarding the timeline for physical work. Although Transport Canada has granted a permit, authorization from Fisheries and Oceans Canada is still pending.
Halifax contested MacDonald’s requirement for confirmation from Justice Canada on federal jurisdiction implications, arguing that the minister’s reliance on this condition is unreasonable and potentially unattainable. The municipality emphasized compliance with federal laws and referenced prior federal support for infill restrictions in the Northwest Arm.
Halifax invoked the lapsed decision timeline stipulated in the Halifax Charter, asserting that ministerial approval or rejection of planning changes must occur within 30 days of council approval. As the 30-day period expired, Halifax claimed that the legislation deems planning documents approved if a decision is not rendered within the specified timeframe.
Heather Fairbairn, a municipal affairs spokesperson, refrained from commenting due to the ongoing legal nature of the issue.
