Nova Scotia approves Halifax bylaw restricting Dartmouth Cove infilling

HALIFAX – A waterfront area across the harbour from downtown Halifax is one step closer to being protected against infilling, as the Nova Scotia government says it has approved changes submitted by the municipality — but with amendments.

The approval comes more than three years after residents and environmental advocates first mobilized in hopes of preventing a local company from dumping pyritic slate and quarry rock along a strip of shoreline known as Dartmouth Cove.

Infilling — the act of depositing material into water to create new land — risks stirring up the industrial silt that is in a neutral state on the cove floor and may “wreak havoc” on the area’s wildlife, which includes fish, lobsters, seals and birds, says Jill Brogan, an advocate with Save Dartmouth Cove.

Brogan, whose group has been trying to stop the company’s project, says the potential environmental harms of infilling in the area are significant and the waterfront should be preserved for public use. 

John A. MacDonald, minister of municipal affairs, said the province’s approval requires that Halifax prove it has authority to regulate such infilling and that none of the municipality’s measures infringe on federal jurisdiction.

“As soon as they can demonstrate that all of those conditions are met to my satisfaction, the bylaw is active,” MacDonald said in an interview Wednesday.

In early October, Halifax council voted in favour of a bylaw limiting the infilling of Dartmouth Cove to cases where it’s required for public infrastructure or protecting the shoreline. The vote followed years of advocacy from residents and Brogan’s group.

That numbered company behind the proposed shoreline project is linked to Atlantic Road Construction and Paving, which has said infilling would be done with material from local excavation projects and that homes could eventually be built on the new land. Atlantic Road Construction and Paving did not return a request for comment. 

After Halifax council approved the Dartmouth Cove restrictions, MacDonald said the province’s director of planning raised concerns about the municipality’s authority to restrict infilling in the area.

“That’s why it came to me …. This is why we’ve come up with the changes, so HRM (Halifax Regional Municipality) can clearly demonstrate that they hold the regulatory (power) to do it and this will ensure that all the amendments are legal and don’t affect any federal responsibility,” the minister said.

Premier Tim Houston told reporters after an Oct. 30 cabinet meeting that Halifax’s bylaw addressing Dartmouth Cove infilling would be referred to MacDonald for further review because it was “ambiguous.” He also questioned the process through which the decision was made. 

“The process at the HRM seems to be pretty political. So I think it’s worth the minister taking a serious look at that,” Houston said at the time.

Houston has been quoted in CBC referring to the CEO of Atlantic Road Construction and Paving as a close friend of his.

When asked Wednesday if he shares the premier’s concerns about the political motivation behind the bylaw, MacDonald said he doesn’t remember the premier making that statement and cannot comment on it.

Brogan said she’s feeling some relief the province has tentatively approved the municipality’s changes. “This is good, but it’s not the best outcome,” she said, adding that she feels the province should have accepted the bylaw without amendments.

“I’m hoping this is a win, but we don’t know … we’re going to keep up the pressure up,” Brogan added.

On Oct. 23, Transport Canada approved an amended proposal for the infilling project, noting in a letter that its approval only relates to Canadian water navigation standards. The letter from the regional manager of the national navigation protection program says it is up to the project owner to comply with any other applicable laws or regulations.

This report by The Canadian Press was first published Nov. 26, 2025.