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.
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Why The Chignecto Isthmus Should Matter to All Canadians (Case Ref: ES3077)
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) | |
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