The Provincial Decision on the Dartmouth Cove Bylaw

Minister MacDonald issued his approval on Wednesday, but that approval comes with conditions.

Update | December 23, 2025 - The Province responded to HRM on December 22, requesting further information regarding the Minister's conditions. HRM followed up on December 23rd with additional clarification and a request for a quick resolution, explaining that one of the property owners plans to begin work on January 5, 2026. Read the full exchange here  →

Update| December 3, 2025 - HRM has submitted a comprehensive response to the Minister’s conditions, including detailed legal arguments, mapping evidence, and case law supporting the municipality’s authority. Read HRM’s full response here →

Municipal Affairs Minister John A. MacDonald has approved the Dartmouth Cove bylaw with amendments, effectively placing HRM back on the hook to “prove” its own jurisdiction in areas where the federal government has already outlined that they can operate.

While this approval is a step in the right direction, the conditions put Dartmouth Cove’s future back into a prolonged process that could have been resolved today.

Here’s what actually happened, what it means, and what we need to do next.

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The Province’s Conditional Approval: What It Really Says

The Province approved HRM’s bylaw only if HRM can satisfy three new requirements. These conditions must now be met for the bylaw to remain enforceable:

1. HRM must prove the water lots are fully within municipal boundaries. This is a technical mapping/legal step — likely achievable, but unnecessarily added at the end of a long process.

2. HRM must prove it has the authority under the HRM Charter to regulate infilling. This is the heart of the Province’s hesitation. Despite Transport Canada’s explicit support for HRM’s authority, the Province continues to frame municipal regulation of infilling as “ambiguous.”

3. HRM must obtain confirmation from the federal Department of Justice that the bylaw does not infringe on federal jurisdiction. Transport Canada has already stated:

“HRM’s decision to restrict infilling by way of bylaws is within its own authority, provided that the pith and substance does not fall within federal jurisdiction, including navigation.”

Now HRM must get the same affirmation from federal Justice. This could be challenging given the fact that DFO has not yet made a decision on ARCP’s application.

The Province approved nearly identical planning protections for the Northwest Arm earlier this year, with no special conditions, no concerns about jurisdiction, and no public commentary about “ambiguity.”

Dartmouth Cove, a public, mixed-use waterfront cherished by thousands, is being held to a different standard.

Wealthy waterfronts get protection.

Public waterfronts must fight for it.

Dartmouth Cove deserves the same respect and protection given to the Northwest Arm. The democratic process that produced this bylaw must be honoured. And Nova Scotians deserve a government that puts public interests over private friendships.

We will continue to show up, speak out, and hold our leaders accountable, and we will continue to fight for Dartmouth Cove until protection is secure and permanent.

Thank you for standing with us through each step of this process. We are closer than ever, and your voice still matters.