Vice-President's Response

Physical Activities

4197847 Nova Scotia Limited is proposing to infill an area of 2.7 ha in Dartmouth Cove, Nova Scotia with material from local excavation projects. As proposed, the infill material would include non-acidic quarry rock and pyritic slate, a substance which can produce acidic runoff if exposed to air. The purpose of the project is for the infilled area to provide enhanced waterfront access and land that will eventually enable future development.

Delegation of Powers to the Impact Assessment Agency of Canada

Under subsection 154(1) of the Impact Assessment Act (the IAA), the Minister of Environment and Climate Change (the Minister) may, subject to any terms and conditions that the Minister specifies, delegate to the Impact Assessment Agency of Canada (IAAC) any powers, duties, or functions that the Minister is authorized to exercise or perform under the IAA. The Minister has delegated the authority to respond to requests for designation, for which limitations on designation described under subsection 9(7) of the IAA apply, to the President or Vice-President of Operations of IAAC.

Decision

Non-designated physical activities

Reasons

Pursuant to subsection 9(7)(b) of the IAA, the Minister must not exercise their power to designate a physical activity if a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than the IAA that could permit the physical activity to be carried out, in whole or in part. Therefore, the Minister cannot designate the project because, on April 8, 2024, Transport Canada issued approval for the project under the Canadian Navigable Waters Act.