The Nova Scotia government argued in court today that Ottawa is responsible for infrastructure that protects the strip of land that links the province with New Brunswick.
The province said the federal government should pay the entire cost of upgrading the centuries-old dikes that protect the Chignecto Isthmus from flooding, a project expected to cost $650 million.
Ottawa has agreed to pay only half the bill.
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It says the dikes have been used to protect farmland, which means they are covered by a section of the Constitution that says agriculture is a responsibility shared by both levels of government.
A provincial government lawyer told Nova Scotia’s Court of Appeal today that the extensive network of dikes now protect a Canadian National Railway line, the Trans-Canada Highway, buried fibre optic cables and electricity lines.
Daniel Boyle told the court that means the dikes now protect interprovincial trade and communications links, which fall under sole federal jurisdiction.
He says the federal government has an obligation to protect those links, which are increasingly threatened by flooding caused by more fierce and frequent storms and rising sea levels.
This report by The Canadian Press was first published May 20, 2025.
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