The Process: Getting Permission to help Save Dartmouth Cove

Background and Status of Federal Permits

Infilling water lots require the approval of two Federal Departments:

Transport Canada (TC) - primarily concerned with marine transportation and navigation implications of the proposed infill

Department of Fisheries and Oceans (DFO) - primarily concerned with the impact on the marine ecosystem and any fishery activity. 

As infilling is a relatively commonplace activity in Halifax Harbour, both TC and DFO have developed detailed processes to assess the impacts of any proposed infill.

ONE DARTMOUTH COVE Remediation Project has complied fully with all the Federal requirements and completed the application process. We are awaiting issuance of our permits.

More information on the Federal infilling applications can be found HERE 

Municipal Government Involvement

Typically, HRM isn’t involved with infilling decisions other than designating a land use zoning once the infill is complete so the “new land” has a zone to consider any development application that may come for its use.

In recent years, at the request of some residents, HRM has become increasingly involved with trying to guide, impact or stop some infill developments.

This has been particularly pronounced in the Northwest Arm where there are many private pre-confederation water lots that were being infilled to expand or add to private residences and for private uses. HRM was able to pass a bylaw restricting infilling in the Northwest Arm. Local political representatives want HRM to consider a broader bylaw that would also restrict infilling in other parts of Halifax Harbour.

This is very important - the northwest Arm is unique in that it is not a “working” part of the Harbour. Halifax Harbour, and Dartmouth Cove as part of it, are a working harbour with many needs for seawalls and docks that require infilling to make the harbour usable for vessels to conduct business.

It was always expected that HRM’s interest in infilling was only related to the Northwest Arm because of its residential and not commercial uses. 

A new HRM bylaw has been proposed by the local Councilor that would effectively ban infilling in Dartmouth Cove and potentially in other areas of Halifax Harbour. This proposed bylaw doesn’t save the Cove, it prevents our attempt at successful remediation. It is also an unnecessary approach as all the technical and jurisdiction authority and expertise reside within the Federal Department’s designated with safeguarding marine ecosystems, transportation and navigation.

HRM has no such expertise or authority.

The most recent staff report on a proposed by law said the same.  The Arm and the Cove are totally different and staff recommended waiting until The Downtown Dartmouth Revitalization Project was complete before considering any new by-laws.  Unfortunately, council is now going against their own staff and pressing forward.

HRM retains the ability to approve and guide any built activity on the new site so any HRM interest to ensure compatibility with its built uses already resides in HRM. The proposed HRM bylaw is the same kind of jurisdictional meddling that some HRM councilors are currently opposing from the Provincial Government in HRM affairs. 

ONE DARTMOUTH COVE Remediation Project hopes to work with HRM to alleviate any concerns it may have and align any site activity with the broader expressed goals of HRM to improve the Dartmouth Waterfront, add resident green spaces and create new housing.