| Q-11572 — January 31, 2013 — — With respect to the Gabarus Seawall, also referred to in existing federal documents and plans as a groyne or breakwater, and all other properties built and previously or currently owned or administered by the government in Gabarus, Nova Scotia: (a) as a result of a Transfer of Duties Act based on an Order-in-Council (P.C. 1979-2522) September 20, 1979, (i) what specific properties, structures or facilities did Fisheries and Oceans Canada (DFO) acquire or become responsible for which were formerly owned or under the administration of the Department of Transport, (ii) did this specifically include a fishermen’s breakwater and two groynes and, if so, what specific structures in Gabarus did these terms refer to; (b) has there been any mechanism other than the Transfer Of Duties Act by which DFO took over ownership or administration of any other federal properties or facilities in Gabarus since 1979; (c) from 1979 to present, have there been evaluations, assessments or reports or other similar documents commissioned or received by DFO concerning these properties, structures or facilities, specifically the Gabarus Seawall and, if so, (i) what are the reference numbers and titles of said studies or assessments or other relevant documents including the dates they were performed and when they were released to DFO, (ii) under whose signature and authority; (d) have properties, facilities or structures or assets, specifically, the Gabarus Seawall, in Gabarus been divested by DFO since 1979 and, if so, (i) what asset, (ii) when did divestiture take place, (iii) to whom, (iv) by what process, regulations or Act of Parliament was it allowed, specifying all reference numbers, titles of agreements and details of maps, or other such relevant documents concerning the transfer; (e) since 1979 have there been efforts by DFO to divest itself of properties, structures, assets or facilities, specifically the Gabarus Seawall in Gabarus that have been unsuccessful and, if so, (i) what asset, (ii) when, (iii) to whom were such offers made; (f) when did the harbour in Gabarus come under the administration of DFO's Small Craft Harbours Program; (g) when was the determination made under the Small Craft Harbours Program to designate Gabarus Harbour as a non-core fishing harbour; (h) what criteria were used to make this determination; (i) what were the criteria that would have applied on January 1, 2001 to qualify a harbour for either core or non-core status under DFO's Small Craft Harbours program and (i) were these criteria applied nationally, (ii) were they applied uniformly, (iii) were variations allowed from jurisdiction to jurisdiction or harbour to harbour and, (iv) if so, what were the justifications for such variations; (j) was there any process provided for appeal of DFO's assignment of non-core status to a harbour; (k) was there any formal or informal provision included in the DFO Small Craft Harbours divestiture program allowing for a reconsideration of harbour status, if relevant harbour activities changed over time; (l) was one of the specific criteria applied to Gabarus Harbour for purposes of determining its designation as a non-core fishing harbour the measurement of metre length at waterline of all commercial fishing boats that use Gabarus Harbour and, if so, (i) on what date(s) were these measurements or assessments taken, (ii) by what federal department(s), (iii) what statistics are recorded as a result of these measurements; (m) beyond those members of the Gabarus community with commercial fishing interests in the local harbour, did DFO inform the broader community of Gabarus in regard to planned divestiture actions before its divestiture of the former government wharf to the Gabarus Harbour Association in 2001; (n) what properties were transferred by DFO to the Gabarus Harbour Association and what were the terms of this divestiture; (o) what harbours in Nova Scotia determined by DFO as not being qualified to retain core harbour status chose to establish multi-harbour affiliations under a single harbour authority and, if any, (i) where are the harbours located that took advantage of this provision, (ii) what are the harbour authorities under which they operate, (iii) on what dates(s) did they begin operation in this capacity; and (p) did DFO, within the context of their Small Craft Harbours program, offer all harbours determined not to qualify for core status individually an opportunity to form a multi-harbour cooperative operating agreement under a single harbour authority in order to retain core-harbour status? |