Many years ago when we established out first aquaculture site on Deer Island, we were informed by representatives from both the Province of NB and the Federal Government of Canada that we required leases to the bottom where our cages were placed (Provincial) and the shore where our building was located (NB and federal). This resulted in some legal consultations to clarify the situation and we learned that offshore, the Province of New Brunswick owned the bottom, but the water that flowed over it was Federal jurisdiction. Subsequently work with Parks Canada confirmed that. So we learned something and complied with our lawyers advice.
Today as a result of this stunning article by Miles Howe, we have learned how wrong we have been all these years. Apparently, New Brunswick has not been leasing our Bay of Fundy bottom lands, they have been selling it.
So fellow New Brunswickers … you know that our governments have been leasing our lands to forestry interests but now we learn that they have taken the next step and sold Fundy submerged lands. This is a breach of their obligation to act in trust for the citizens of New Brunswick.
Read this and weep!
Irving Oil, Trans Canada and Submerged Crown Land
Exclusive docs show water flip by NB government, leading up to Energy East
KJIPUKTUK (Halifax) — Through an Access to Information request, the Halifax Media Co-op has acquired documents that further confirm New Brunswick governmental and industrial cooperation on TransCanada’s proposed Energy East pipeline project, in the direct vicinity of the community of Red Head, New Brunswick.
The area of Red Head, south east of Saint John, will bear the brunt of the proposed Energy East industrial expansions related to refining, containing and shipping Alberta-based tar sands for export.
The documents we have acquired also confirm that New Brunswick’s First Nations Indian Act chiefs have cooperated in the controversial proposed pipeline project, as far back as 2013.
Given the sheer volume of documents we have obtained, we will continue to post articles over the coming days related to this issue.
‘Submerged Crown Land’, Irving and the question of TransCanada’s effortless test drilling at Red Head
One correspondence we have obtained, dated September 10, 2013, between former Minister of Natural Resources, Bruce Northrup and Mr. Stuart Gilby, negotiator for the Assembly of First Nations Chiefs In New Brunswick, Inc. (AFNCNB), reads as follows:
“I wish to advise you that the Province is considering the disposal of a parcel of submerged Crown land, being approximately 200 hectares in the Bay of Fundy, as shown on the attached plan. The property may be required as part of the proposed Trans Canada Pipeline development.”
Neither Gilby or the AFNCNB appear to have responded to the Department of Natural Resources over this letter.
Minister Northrup’s plan, attached as an image to this article, shows that the 200.3 hectares alluded to is directly adjacent to two numbered parcels of water in the Bay of Fundy. These Property Index (PID) numbers denoted land, or in this case water, ownership. The PID of the circular parcel of water in Northrup’s plan is registered to Irving Oil Ltd. The shore-hugging parcel in the plan is registered to a company listed as 658273 N.B. Ltd and appears to have been first granted to J.D Irving Ltd in 2003.
658273 N.B. Ltd. shares a Post Office Box address with Irving Energy Services Limited.
Ownership of the 200.3 hectare parcel refered to in Northrup’s letter to the AFNCNB was transferred, on October 29, 2013, from the New Brunswick Department of Natural Resources to the Department of Transportation and Infrastructure, who then subsequently transferred ownership to 658273 N.B. Ltd.
Realistically, what this means is that several hundred hectares of water directly offshore from the proposed Energy East pipeline end terminal is already owned by the Irving family. It also means that the province of New Brunswick has handed over a further 200.3 hectares of water ownership in the Bay of Fundy to an Irving family subsidiary company, in anticipation of the potential needs of Trans Canada Corporation.