Dykeland Upgrade, Advocate Harbour Marsh, Cumberland County, NS

Notice of Determination

July 14, 2026 – Fisheries and Oceans Canada and Transport Canada have issued their Notice of Determination after evaluation that the proposed Advocate Harbour Dykeland Upgrade Project, located in Advocate Harbour, is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

• impacts on rights of Indigenous peoples;
• Indigenous knowledge;
• community knowledge;
• comments received from the public; and
• technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

• The project will comply with all applicable municipal, provincial, and federal acts and regulations.
• Limit impacts on fish habitat components to those approved for the works, undertakings and activities.
• Operate machinery in a manner that minimizes disturbance to the marine environment.
• Monitor and assess weather forecast on a daily basis to determine the risk of extreme weather. Avoid work during periods for which Environment and Climate Change Canada had issued rainfall, storm surge or other weather warning for the work area.
• Whenever possible, operate machinery on land above the high water mark, on ice, or from a floating barge in a manner that minimizes disturbance to the banks and bed of a water body.
• An Erosion and Sediment Control Plan will be developed and implemented for the work site that will minimize the risk of entry or re-suspension of sediment in a water body during all phases of the work. Erosion and sediment control measures should be maintained until all disturbed ground has been permanently stabilized, suspended sediment has resettled to the bed of the water body or settling basin and runoff water is clear.
• Regular inspection and reporting details for sediment control measures to ensure they are functioning properly.
• Ensure that all in-water activities, or associated in-water structures, do not interfere with fish passage, constrict the channel width, or reduce flows.
• All equipment to be used in or over the marine environment is to be free from leaks or coating of hydrocarbon-based fluids and/or lubricants harmful to the environment.
• Wash, refuel and service machinery and store fuel and other materials for the machinery in such a way as to prevent any deleterious substances from entering the water.
• An Emergency Response Plan will be developed and implemented immediately in the event of a sediment or spill release of a deleterious substance.
• Minimize disturbance to all birds on site and adjacent areas during the entire course of the work.
• Do not approach concentrations of seabirds, waterfowl and shorebirds when anchoring equipment, accessing wharves or ferrying supplies.
• During nighttime work, position flood lights in opposite direction of nearby bird nesting habitat.
• Prior to the commencement of works, the contractor will look for signs of nesting. If a nest is discovered, operations will be halted until a plan approved by Departmental Representatives is put in place.