N.S. threatens court action to force Ottawa to pay entire cost of isthmus project

An ongoing war of words erupted into a legal threat Thursday as Nova Scotia's premier said his government was considering taking Ottawa to court over funding to protect a vital land corridor linking his province and New Brunswick.

Tim Houston says he wants Ottawa to fund the entire cost — estimated at around $400 million — to improve and strengthen the dike system on the Chignecto Isthmus from major storm damage and flooding.

In a letter dated Thursday, the premier implored federal Infrastructure Minister Dominic LeBlanc to reconsider Ottawa's offer to pay for 50 per cent of the project.

"I am hard pressed to understand how this corridor that connects Atlantic Canada with the rest of the country would not be viewed by the federal government as integral to interprovincial infrastructure of national significance and therefore, a federal responsibility," wrote Houston.

He said the federal government has a constitutional obligation to pay, and cited sections of the 1867 Constitution Act, in which the federal government is "responsible for regulating interprovincial transportation and communications infrastructure and enterprises."

LeBlanc has repeatedly dismissed that argument and did so again Wednesday during an announcement in Fredericton. He said he wanted Nova Scotia and New Brunswick to apply for funding under the federal Disaster Mitigation and Adaptation Fund program, the deadline for which is July 19.

Project going forward either way

Houston said if Ottawa doesn't change its position, his province would be forced to apply to the fund and then seek to recover its costs in court.

LeBlanc's spokesman replied in an email Thursday, saying the federal minister's position has "always been clear": the protection of the isthmus is a shared responsibility between the three governments.

"It is unfortunate that Premier Houston is prepared to spend public funds on a legal battle that will do nothing to protect communities and critical supply lines along the isthmus," Jean-Sebastien Comeau said. "We remain optimistic that the provinces will submit an application for funding by July 19."

Houston told reporters he realizes the urgency in protecting the isthmus, adding that the project would go forward whether or not his province takes Ottawa to court.

"I think we would have to have parallel streams going," he said. "We are not going to jeopardize the safety of Nova Scotians and we are not going to jeopardize the trade of the province. We're not there yet, we are still trying to get them to own up to their responsibility."

Houston said that while there will be further discussions with New Brunswick, both provinces are "on the same page on this [funding] issue."

On Wednesday, New Brunswick Premier Blaine Higgs said he was "cautiously optimistic" a solution could be found, as he reacted to a June 23 letter from LeBlanc that offered up to $200 million for the project. His office was not immediately available for comment Thursday on Houston's latest salvo.

During a stop in Halifax on Thursday, federal Opposition Leader Pierre Poilievre said he needed to study the issue before commenting, although he stopped short of saying the federal government should foot the entire bill.

"We want to work with New Brunswick and Nova Scotia to improve this vital passageway," Poilievre told reporters. "We want to make sure dollars turn into results."

Houston said Nova Scotia, New Brunswick and Ottawa know which form the Chignecto Isthmus project should take, but he declined to say which of three options is favoured.

An engineering study released last year discussed the three options: raising the height of 35 kilometres of dikes, building new dikes, or raising the existing dikes and installing steel sheet pile walls in select locations. The study cautioned that once an option is chosen, it would likely take five years for construction to begin and 10 years to be completed.

The isthmus contains a section of the Trans-Canada Highway, a CN rail line and communications infrastructure, and any project would aim to protect it from potential damage by major storms and flooding until 2100.