Nova Scotia MLA launches legal challenge against Cobequid Pass tolls

An independent Nova Scotia MLA has initiated a legal challenge against the provincial government over the continued collection of tolls on the Cobequid Pass section of the Trans Canada Highway. Elizabeth Smith-McCrossin, the member for Cumberland North, announced the lawsuit at a news conference in Amherst, Nova Scotia. The legal action seeks to have all tolls removed from the highway, which serves as a major route for interprovincial travel and trade.

Smith-McCrossin's challenge is based on the claim that the original legislation governing the Cobequid Pass required tolls to be lifted once the debt incurred to construct the highway was fully repaid. Smith-McCrossin stated that this debt was paid off in 2021. Despite this, tolls remain in effect for all vehicles not bearing Nova Scotia licence plates.

In 2021, Nova Scotia Premier Tim Houston removed the tolls for vehicles registered in Nova Scotia. However, vehicles from other provinces are still required to pay the toll to use the Cobequid Pass. Smith-McCrossin contends that this practice creates an unnecessary barrier on a national transportation corridor, particularly at a time when there is a broader policy focus on reducing interprovincial trade and travel barriers to support the Canadian economy and improve affordability for Canadians.

Bill Casey, a former Member of Parliament for the area, joined Smith-McCrossin at the announcement. Casey, who has previously served as a Conservative, an independent, and a Liberal in the House of Commons, highlighted the longstanding opposition within the community to the tolls. "We've been fighting these tolls for 30 years and it's really affected our whole community," Casey said. He noted that proposed tolls in neighbouring New Brunswick, specifically at Aulac just across the provincial border from Amherst, could further compound the situation. Casey, who formerly worked in the car business, explained that a significant portion of his business depended on customers from New Brunswick. He suggested that if New Brunswick proceeds with its toll plans, which reference the Nova Scotia toll highway as justification, it could act as a substantial impediment to local commerce.

The proposal for tolls at Aulac is included in New Brunswick Premier Susan Holt’s 2026 provincial budget, implicating a potential policy domino effect between the two provinces. Smith-McCrossin's lawsuit not only questions the rationale for maintaining the Cobequid Pass tolls, but also the broader implications for interprovincial transportation and economic activity. She argued that maintaining tolls on a national highway contradicts efforts to remove barriers to travel and trade across Canada.

The legal team representing Smith-McCrossin indicated that the next procedural step will be a scheduling appearance before the Nova Scotia Supreme Court, anticipated in September, to set dates for a hearing on the challenge. Details regarding the specific legal arguments and the full text of the enabling legislation cited by Smith-McCrossin were not disclosed at the news conference.

The Cobequid Pass is a key section of the Trans Canada Highway, linking Nova Scotia and New Brunswick and serving as a significant route for both commercial and personal travel in the region. The tolls were originally instituted to finance the construction of the highway, with the expectation that they would be temporary and discontinued once the associated debt was repaid.

The distinction in toll policy, whereby local vehicles are exempt but out-of-province vehicles are not, has become a focal point in regional discussions about fairness, competitiveness, and adherence to the original terms of highway financing agreements. The potential for additional tolls at the New Brunswick border further complicates matters, as each province weighs revenue generation against possible impacts on trade and mobility.

The situation arises as governments across Canada consider approaches to infrastructure funding and the reduction of internal trade barriers. Proponents of removing the tolls argue that harmonizing policies and reducing impediments on major transportation corridors could contribute to economic growth, regional integration, and affordability for Canadians.

The case has drawn attention from communities along the corridor and from stakeholders engaged in cross-provincial business. The outcome of the court proceedings may establish precedent for how infrastructure debt, user fees, and interprovincial movement are managed on national highways. For now, the legal dispute highlights the intersection of infrastructure funding, regional policy autonomy, and the broader national agenda of reducing barriers to trade and travel.