N.S. government asking Court of Appeal to rule on Chignecto Isthmus

The Houston government has asked the Nova Scotia Court of Appeal to rule on whether Ottawa has the "exclusive" responsibility to maintain the dikes and other structures in place to protect the land connection between Nova Scotia and New Brunswick.

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.