Hon. Jim Quinn moved second reading of Bill S-273, An Act to declare the Chignecto Isthmus Dykeland System and related works to be for the general advantage of Canada.

He said: Honourable senators, I rise before you today to discuss Bill S-273, An Act to declare the Chignecto Isthmus Dykeland system and related works to be for the general advantage of Canada.

The general advantage of Canada is certainly a foundational principle for works that are indeed in the national interest. Regarding the Chignecto Isthmus Dykeland System that holds back the waters of the Bay of Fundy, this is a work that is clearly in the national interest and for the general advantage of Canada, both due to it being critical infrastructure but also because of the urgent need to adapt to rising sea levels and increased frequency of severe storms due to climate change.

For those in this chamber who are unaware of where the Chignecto Isthmus is located, it is the narrow strip of land predominantly along the Missaguash River, forming the boundary between Nova Scotia and New Brunswick. The isthmus itself is a vital trade corridor that represents $35 billion in trade, 15,000 vehicle transits per day and hundreds of thousands of people every year. The trade corridor is a choke point for a single national railway, the Trans-Canada Highway and fibre-optic lines that link transatlantic cables.

All those assets that support Canada’s economic prosperity, interprovincial and international trade and communications are at risk due to flooding, were it not for the Chignecto Isthmus Dykeland System. Perhaps of greatest importance, the dikes protect the tens of thousands of Canadians who live and work in and around the isthmus. The dikes further protect farmlands that are essential to food security, and we have heard several times in this chamber the importance of food security in the face of Canada’s disappearing farms and farmlands.

The Chignecto Isthmus is an area that is shaped by history and the national interest. In the 1600s, the Acadians created one of the first pieces of critical infrastructure in Canada. Constructing the first series of dikes was to help tame the mighty tides of the Bay of Fundy, which, in the area, rise and fall over 50 feet twice every day. These dikes are also key to protecting and improving the agricultural production in the area.

The isthmus is integral to the foundation of Canada. The Fathers of Confederation from Nova Scotia and New Brunswick entered into Confederation in part because section 145 of the Constitution Act, 1867, which obligated the federal government to complete an intercolonial railway linking Nova Scotia with Quebec.

Senators, the same Fathers of Confederation thought it proper to give Parliament the declaratory power to assist in determining which works are in the national interest by transferring jurisdiction.

This is an understandable question to raise: Why use the declaratory power now for this project when it has not been necessary in the past? The answer, colleagues, is unfortunately straightforward: Maritimers and other Canadians who live near coastal waters face the sobering reality that we are no longer in a situation to prevent climate change but, rather, we must adapt to it. The Fathers of Confederation would have been aware of the 1869 “Saxby Gale” that generated the largest historically documented storm surge, which was above the twice-daily high water I referred to earlier by five to seven feet. It devastated Nova Scotia and New Brunswick, particularly the Chignecto Isthmus. The storm caused the 25-foot dikes to fail, destroying croplands, livestock and resulting in the deaths of Canadians who lived in the isthmus.

Senators, that rare occurrence is now projected to be all too common. A 2020 report commissioned by the New Brunswick government indicated that coastal flooding will become more frequent due to sea-level rise, because, in the future, even weaker storm systems will produce flooding impacts like the most extreme storms of the past.

In the region of Chignecto Isthmus, the sea level is rising rapidly. From my experience as CEO of Port Saint John, I can tell you that, when I began that job in 2010, it was unusual to see water on the docks. By the time I left 11 years later, it was not an unusual occurrence.

Further action must be taken now by the federal government. The provinces of New Brunswick, Nova Scotia and Prince Edward Island are not arguing that all climate change adaptation measures must fall under federal jurisdiction. The Chignecto Isthmus Dykeland System is a distinct and invisible series of works that must be looked at further than simply by the sum of its parts.

The governments of the Atlantic provinces routinely cooperate, because this is a reflection of our shared history and culture. We primarily concern ourselves with doing the right thing rather than whether it’s our responsibility to do so. We do not like to think of a situation where the Atlantic provinces would not get along. However, what if New Brunswick disagreed with prioritizing the upgrades of the dikes in Chignecto? There would be a direct impact on Prince Edward Island, Nova Scotia and Newfoundland and Labrador, along with the rest of Canada, that rely on that vital trade corridor.

This highlights the necessity of the Chignecto Isthmus being in the federal interest.

I would add that, in the case of Newfoundland, one must remember that cargo goes to Newfoundland largely by marine mode, and that marine mode crosses the isthmus with the goods needed for all of the island of Newfoundland.

As I mentioned in this chamber last June, the Council of Atlantic Premiers issued a communiqué calling upon the Government of Canada to create a new infrastructure program to address the impacts of climate change and build infrastructure that supports economic growth. The premiers noted in their communiqué that the Chignecto Isthmus is a vital corridor that is at risk due to rising sea levels, and reiterated that the federal government has a constitutional responsibility to maintain links between provinces and must fully fund this project.

The Fathers of Confederation, in their wisdom, gave Parliament, via section 92(10)(c) of the Constitution Act, 1867, a separate, quasi-judicial power to make a policy — dare I say a political judgment — to both reinforce and transfer jurisdiction from the provinces over works to the federal government. The question before us today in the Senate is whether the Chignecto Isthmus Dykeland System is for the general advantage of Canada. In other words, is this proposed project so important to the national interest that it warrants jurisdiction being transferred to the federal government for the purposes of rehabilitating the dykeland system? The answer, honourable senators, is “yes.”

Senators, I will be clear that Bill S-273 is not a money bill and does not compel the Government of Canada to spend money. The call by the Atlantic premiers for the Government of Canada to fully fund any program to remediate the Chignecto Isthmus is a policy decision.

Presently, the Government of Canada is offering 50% funding via the Disaster Mitigation and Adaptation Fund, where the total cost for remediating the dikes is projected at $650 million. I argue that 50% funding is insufficient for something that is in the national interest. Further, the practical reality of the project is that, under the current infrastructure program, New Brunswick will spend disproportionately more money on repairing dikes located in New Brunswick that are more to the benefit of the other Atlantic provinces. Therefore, again, this warrants Parliament invoking the declaratory power.

Colleagues, the use of the declaratory power is helpful to the federal government overall, because it allows them to create the policy exception for 50% funding. We are often told — and I can attest to this from my prior experience as a chief financial officer in the Government of Canada — that jurisdiction is the first line of defence as to why a government should not involve itself in any given matter, especially in the complex world of federal, provincial and territorial relations.

However, colleagues, if there is a trade corridor that is so important to the economic security of Canada, exceptions should be made. In this case, there is the precedent of the Champlain Bridge, where Parliament has already invoked the declaratory power.

Colleagues, in 2014, Parliament passed the New Bridge for the St. Lawrence Act, which declares that the Champlain Bridge and related works are to be for the general advantage of Canada. The new Champlain Bridge connects the Island of Montreal with the south shore of the St. Lawrence River. The bridge is a vital economic corridor with 50 million cars, buses and trucks crossing yearly, which is integral to interprovincial trade and commerce with an estimated value of $20 billion every year. This is of vital importance to the movement of goods and people and to the overall Canadian economy. This same logic is also true for the Chignecto Isthmus Dykeland System. It is a single point of failure.

I will remind honourable senators that the cost of the new Champlain Bridge was $4.2 billion to be paid exclusively by the federal Government of Canada. In addition, and as Senator Downe is aware, the current government’s decision to remove tolls has also resulted in a revenue loss of at least $3 billion over the first 30 years. That revenue would have accrued to the Province of Quebec. That is being covered by the Government of Canada.

Critically, the Government of Quebec did not contribute on a 50% basis because the Parliament of Canada, via the declaratory power, declared this trade corridor to be in the national interest and gave the legal policy authority for the federal government to assume 100% of the costs. It is fair and reasonable to offer similar agreements to all parts of our federation when there is a national interest at stake.

Honourable senators, Bill S-273 serves a dual purpose: to raise awareness here in our Parliament but also to offer a clear path forward. Atlantic Canadians are all too familiar that our small population translates into fewer seats in the House of Commons. Far too often, our challenges are not well heard.

Due to the Great Depression and the Second World War, the Chignecto Dykeland system began to fall into disrepair, resulting in minor breaches of the dykes. The director of the Dominion Experimental Farms and Nova Scotian E.S. Archibald wrote in 1943 to senior officials within the federal government to take action as part of a wartime emergency:

These breaks in the dykes are jeopardizing the highways and railroads in many sections. Should high tides carry away portions of our railroad or highway it might very well cause a serious setback to the movement of our troops and war material.

Honourable senators, how can one argue that the Chignecto Isthmus, vital to Canada’s war efforts in Europe, is not in the national interest? Mr. Archibald’s request was met initially by only one-third funding. However, in their continual advocacy for regional fairness, Maritimers noted that the federal government already passed the Prairie Farm Rehabilitation Act to deal with environmental threats to agricultural production in Western Canada.

Maritime members of Parliament and senators championed the idea that this program should be expanded nationwide but also include flood mitigation. These efforts resulted in the passing of the 1948 Maritime Marshland Rehabilitation Act. In this act, the federal government provided 100% of the funding for the Chignecto Isthmus dykes to hold back the Bay of Fundy. Colleagues, it is therefore with great irony that the federal government today is only offering 50-cent dollars for the structures that they fully paid for in the 1940s and 1950s.

In providing a historical overview in a 1951 paper, the head of the federal Maritime Marshland Rehabilitation Administration noted that, in addition to provided protection for agriculture, the dykes protected the “town or village services, railroads and highways, all of which makes them essential,” again noting the national interest.

Much like the constitutional commitment of the Government of Canada to build the Intercolonial Railway was instrumental in having Nova Scotia and New Brunswick join Confederation, the creation of the Senate was also key to having the Maritimes enter the larger union.

This chamber serves as a voice of the regions. I am not alone in asking for your support to send this bill to committee. The Provinces of Newfoundland and Labrador, Prince Edward Island, New Brunswick and Nova Scotia are asking for the national government to take notice of the vulnerability of the Chignecto Isthmus and to provide additional funding. Bill S-273 serves this goal by removing policy barriers.

For those in this chamber who have concerns about invoking the declaratory power at this stage, replace your concern with curiosity. Again, my only ask is that you support me in referring the bill to committee at the earliest opportunity so that we, as senators, have the ability to study this issue in more detail.

Atlantic Canada is an equal partner in Confederation. Issues affecting Atlantic Canadians are, indeed, in the national interest. I call on all colleagues in this national Parliament to support sending Bill S-273 to committee.

Thank you.

Hon. Jim Quinn introduced Bill S-273, An Act to declare the Chignecto Isthmus Dykeland System and related works to be for the general advantage of Canada.

(Bill read first time.)

Hon. Jim Quinn: Good afternoon, Minister LeBlanc. My question relates to the Chignecto Isthmus Climate Change Adaptation Project. Historically, the federal government paid 100% of the capital costs for dikes and dams in the Tantramar area under the 1948 Maritime Marshlands Rehabilitation Act.

The Parliament of Canada has the declaratory power such that the federal government will assume responsibility for works that are for the general advantage of Canada. This is a vital trade corridor and transportation link that benefits our national economy. The new Champlain Bridge, although located solely in Quebec, has been declared to be for the general advantage of Canada, and the federal government is paying 100% of the $4.2 billion cost of the bridge rather than 50%, and there are other examples.

The premiers of New Brunswick and Nova Scotia wrote to you on March 14 asking for the federal government to pay 100% of the cost of the Chignecto Isthmus project as part of the federal government’s constitutional obligations. As a fellow New Brunswicker and a key member of the federal cabinet, will you promote and support the premier’s request for 100% funding for the Chignecto Isthmus project?