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Halifax has asked the Supreme Court of Nova Scotia to declare that municipal rules limiting infilling in Dartmouth Cove in Halifax harbour are officially in effect, without provincial conditions the municipality says are “unreasonable.”
In November, Municipal Affairs Minister John A. MacDonald approved Halifax’s planning and bylaw changes to limit infilling in Dartmouth Cove — with some amendments. Those include proving all affected land parcels lie within the boundaries of the municipality, and that the measures do not infringe on federal jurisdiction.
The Halifax Regional Municipality and Mayor Andy Fillmore sent letters to MacDonald and provincial staff over the past few months with more information. The municipality said it believes it has met the minister’s conditions, but MacDonald has said he is not satisfied.
Last Friday, HRM filed a notice of judicial review asking the Nova Scotia Supreme Court to weigh in on the minister’s conditional approval. It asks for a declaration that the original changes passed by Halifax council in October “are in force and effect,” without amendment by the minister.
HRM also asked for a declaration that the minister’s amendments “were unreasonable and ultra vires the minister,” meaning they were actions beyond his legal control.
Jill Brogan, co-founder of Friends of Dartmouth Cove, a group opposed to the infilling, said she is encouraged to see Halifax is “fully invested” in the changes.
Jill Brogan with Friends of Dartmouth Cove outside council chambers at Halifax city hall in October 2025. (Haley Ryan/CBC)
“I’m really hopeful that the minister of municipal affairs, and the powers that be, will acquiesce and say, ‘yes, you’re right, our conditions were unreasonable … and so, yes, we will agree that the bylaw is in force and is enacted,’ without having to go to court,” Brogan said Tuesday.
Sarah Brannen, a spokesperson for HRM, said the notice for judicial review is a “protective measure” the municipality had to take now.
But both Brannen and a spokesperson for Fillmore’s office said Tuesday they remain hopeful the issue can be resolved without the need to proceed further with the judicial review.
Residents and area representatives from all three levels of government have called for Halifax to limit infilling in Dartmouth Cove after a local company proposed to infill their water lot with thousands of cubic metres of rock.
Atlantic Road Construction and Paving, the company behind the project, has said new places to dump pyritic slate are needed in the region, and the infill would actually improve water quality and wildlife in the cove.
Bruce Wood, chief financial officer for the company, said it was a “really sad day for HRM taxpayers” to see a potential expensive court battle with the province.
Bruce Wood, chief financial officer of Atlantic Road Construction and Paving Ltd., speaks with reporters at Halifax city hall on Sept. 9, 2025. (Haley Ryan/CBC)
Wood said the Dartmouth Cove situation shows echoes of the municipality’s ongoing legal fight with the Annapolis Group developers, who have alleged Halifax effectively expropriated their land in the Blue Mountain-Birch Cove Lakes area.
“If this bylaw does go into effect and they’re successful with this judicial review, we’ll be forced to make legal proceedings under the case of constructive taking and spot zoning,” Wood said Tuesday.
“They don’t have the federal government’s backing on this. And right now, this is just HRM council kind of being overly cavalier with taxpayers’ money.”
Although Coun. Sam Austin said Halifax was concerned about the company crossing municipal property to begin construction on their water lot on Monday, Wood said “that was a surprise to us” because the company had no such plans.
Wood said Tuesday there was “nothing imminent” planned in terms of physical work.
Transport Canada has issued the company a permit to move ahead, but they still need permission from Fisheries and Oceans Canada.
In its grounds for review, the municipality took issue with MacDonald’s Dec. 22 request to Halifax for direct confirmation from Justice Canada that the municipal rules do not infringe upon federal jurisdiction, such as navigation or the Fisheries Act.
HRM lawyer John Traves had already shared his legal opinion that the municipality’s rules are not infringing that federal jurisdiction. Traves also said the federal government supported Halifax’s right to limit infill on the Northwest Arm in 2024, and the Dartmouth Cove changes “were drafted as a mirror” to those rules.
Fillmore’s Dec. 23 letter to MacDonald said that if the minister wanted direct confirmation from the federal government on what is “essentially a constitutional question,” he should go through the provincial justice minister, or the federal-provincial-territorial justice committee.
In its court notice, Halifax said MacDonald’s approval hinging on the actions of Justice Canada, over which HRM has no control, is “unreasonable” and the municipality “may never be able to satisfy this condition.”
Halifax argues lapsed timeline for decision means changes are approved
Halifax also said the provincial legislation enabling the minister’s decision, the Halifax Charter, is clear that the minister must approve, reject or amend bylaw and planning changes within 30 days of council’s approval.
That 30-day window ended on Dec. 1 and Halifax said the charter does not allow extensions. According to the legislation, a planning document is deemed approved if the minister does not make a decision within the 30-day period, Halifax said.
Heather Fairbairn, a municipal affairs spokesperson, said Tuesday the department could not comment as the matter is before the courts.
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