Summary#
This bill declares the Chignecto Isthmus Dykeland System and related works in Nova Scotia and New Brunswick to be for the “general advantage of Canada.” It assigns federal responsibility for matters related to these dykes and related water-control structures and lets federal ministers make agreements to design, build, and operate them. It also allows emergency exemptions from federal permits during urgent situations, with conditions.
- Federal jurisdiction over the dyke system and related works is confirmed (Declaration clause).
- The Minister of Infrastructure and Communities administers the Act; Public Works can make construction and operation agreements (Role of Minister; Agreements).
- Contractors working under federal agreements are not agents of the Crown (Agreements, Not agent of His Majesty).
- In an emergency, the federal Cabinet may exempt persons from federal permit requirements, with publication in the Canada Gazette (Order in Council, Other exemptions).
- Indigenous and treaty rights are upheld by a non-derogation clause; if Bill S-13 comes into force, that clause would be repealed and replaced by a general Interpretation Act rule (Rights of Indigenous peoples; Coordinating Amendment).
What it means for you#
- Households and farmers in the Chignecto Isthmus
- Expect federal-led or federally contracted work on dykes, aboiteaux, breakwaters, and related structures to reduce flood risk (Definitions; Agreements). Timelines depend on federal-provincial agreements; no dates in the bill.
- Construction access, traffic changes, or noise may occur near dyke areas. The bill does not set compensation or land access rules; these would be handled in agreements or under other laws (Agreements).
- Workers and contractors
- More construction and maintenance contracts may become available through Public Works agreements covering design, construction, and operation (Agreements).
- Contractors are not agents of the Crown, so they carry their own liabilities and compliance duties under applicable laws and contract terms (Agreements, Not agent of His Majesty).
- Businesses relying on the corridor (rail, trucking, logistics)
- The intent is to protect an interprovincial trade route from climate-related flooding and storm surge (Preamble; Declaration). The bill itself does not set service standards or timelines.
- Indigenous peoples and organizations
- The Act states it upholds Aboriginal and treaty rights recognized by the Constitution (Rights of Indigenous peoples).
- The Minister may enter agreements with Indigenous governing bodies or organizations related to the works (Definitions of “person”; Implementation).
- Provincial, municipal, and local governments
- Nova Scotia, New Brunswick, and municipalities can enter implementation agreements with the federal government (Implementation).
- In emergencies, federal Cabinet can exempt persons from federal permits to speed protective work. This exemption does not mention provincial permits (Order in Council, Other exemptions).
- Environmental stakeholders
- In an emergency, certain federal permitting can be temporarily bypassed to prevent environmental damage or protect health and safety, with orders published in the Canada Gazette (Other exemptions; Exemption from Statutory Instruments Act).
- After construction, any federal authorizations that would have been required are deemed issued for the purpose of the applicable federal Act (Authorizations deemed issued).
Expenses#
Estimated net cost: Data unavailable.
- No direct appropriation or spending amounts appear in the bill text (entire bill).
- The bill authorizes federal ministers to enter agreements for design, construction, operation, and to take measures to protect federal interests, which could involve future spending, but no amounts or cost-sharing ratios are stated (Agreements; Implementation).
- No official fiscal note or published federal cost estimate identified. Data unavailable.
Proponents' View#
- National-interest protection: Declaring the dykeland system of “general advantage of Canada” ensures a unified federal lead for an interprovincial trade corridor at risk from sea-level rise and storms (Preamble; Declaration).
- Faster delivery through agreements: Public Works can contract design, construction, and operations directly, reducing coordination delays between jurisdictions (Agreements).
- Emergency responsiveness: Cabinet can temporarily waive federal permit requirements during emergencies to protect the environment and public safety, with public notice in the Canada Gazette (Other exemptions; Exemption from Statutory Instruments Act).
- Legal clarity: Naming a responsible federal minister and defining “related works” (e.g., water control structures, sheet pile walls) clarifies scope and responsibilities (Role of Minister; Definitions).
- Indigenous rights safeguard: The non-derogation clause affirms that Aboriginal and treaty rights are upheld, and the Act permits agreements with Indigenous governing bodies (Rights of Indigenous peoples; Implementation).
Opponents' View#
- No funding commitments: The Act creates federal authority but does not commit any dollars or cost-sharing formula, which could delay projects if governments disagree on who pays (Agreements; Implementation).
- Oversight risks in emergencies: Temporary exemptions from federal permits, not reviewed under the Statutory Instruments Act, could weaken environmental review and transparency during urgent works, even though orders must be published (Other exemptions; Exemption from Statutory Instruments Act).
- Provincial role reduced: Federal declaration centralizes control over works within provincial boundaries, potentially limiting provincial or municipal decision-making on local land use and permitting where conflicts arise (Declaration; Implementation).
- Accountability gaps: Contractors are “not agents of His Majesty,” which may complicate public accountability and liability if failures occur, depending on contract terms and other laws (Agreements, Not agent of His Majesty).
- Scope uncertainty: “Related works” is broad (e.g., “any work useful for maintenance or operation”), which could lead to disputes over the limits of federal authority and project impacts on nearby lands (Definitions, related work).