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									Navigable Waters Protection Act

          Spring 2010
 Regulatory Development Status Update
To provide an update on the Regulatory Development
  activities flowing from the amended
  Navigable Waters Protection Act.
 Background

 Consultation Update

 Schedule

 Preliminary Analysis

 The Navigable Waters Protection Act (NWPA) was enacted to
  approve interference to the common law right of navigation in
 On March 12, 2009, the amended NWPA received Royal
  Assent. Prior to that, the Act had not been significantly
  changed since 1882.
 On June 7, 2009 the Minor Works and Waters (NWPA) Order
  came into force, made by the Minister of Transport under the
  authority of Section 13 of the amended Act.
 Transport Canada has initiated an activity to convert that Order
  into proposed regulations.
        Amended NWPA – Key Changes
 New provision specifying that the NWPA is binding on Her Majesty in right
  of Canada, a province and the Territories.
 New definition of “work” providing greater clarity to applicants and greater
  flexibility for the Minister.
 New provision permitting the ‘Grandfathering’ of Crown Works.
 Deletion of specific reference to the four “named” works under
  subsection 5(2) of the NWPA.
 Creating the Authority in the Act for the Minister to make Orders.
 Creating new Regulation-making powers in the Act.
 New inspection and investigative powers, increased fine limits and newly
  created continuing offence provision in the Act.
 Inclusion of a five-year review clause.
      Minor Works and Waters (NWPA) Order
       Defines classes of works which are exempt from the application process of the NWPA*.
             Erosion Protection Works
             Docks and Boathouses
             Winter Crossings
             Aerial Cables – Power and Communication
             Submarine Cables – Power and Communication
             Pipeline Crossings
             Water Intakes
             Dredging
             Temporary Works

   Defines classes of waters which are exempt from the application process of the NWPA*.
           Sections of Navigable Waters
           Artificial Irrigation Channels and Drainage Ditches
           Private Lakes
*Note that the specific criteria which must be met are defined in more detail on the Order,
available at

                   Consultation Update
 Invitation to Consult complete
     Over 350 organizations invited to provide comments
     Extensive coverage of proponents, users, aboriginal groups
     Broad geographic coverage
 Good response from interested parties and stakeholders
     Over 70 groups responded
     Over 400 comments received (80% applicable to the proposed regulations)
 Analysis of comments underway
     Includes continued interaction with interested parties and stakeholders as

    Schedule – Proposed Minor Works and
             Waters Regulations
    04 Jan 2010   Analysis begins

    31 Jan 2010   “Invitation to Consult” Complete

    19 Apr 2010   Formal Drafting of Regulations begins

    26 Apr 2010   National CMAC meeting

    02 Aug 2010   Drafting complete

    23 Sep 2010   Pre-Publication in Canada Gazette Part I

    23 Oct 2010   End of 30-day comment period

    31 Mar 2011   Final approval and Publication in Canada Gazette Part II

      Overview of Comments Received
 120 comments on Minor Navigable Waters

 100 comments on Minor Works

 40 comments on new Minor Works (e.g. outfalls, mooring

 20 comments on definitions (e.g. high-water mark, berm…)

 20 general comments (e.g cumulative effects, notification,
  recourse, derogation clause…)

                          Specific Issues
1. Minor maintenance of structures affecting navigation should not require an
   application for approval.

2. Minor Navigable Waters that provide access to lakes and wetlands should
   continue to require explicit approval.

3. ‘local knowledge’ of navigation channels is very ambiguous and should be
   better defined.

4. Cumulative effect of Minor Works should be considered.

5. Rationale for the various criteria not well understood.

6. Unclear effect on Environmental Assessments.

     Suggestions from Stakeholders and
             Interested Parties
1.   Develop a process for identifying waterways that require an application
     for approval even if they meet the criteria of the proposed regulations.
2.   Internet support for proposed regulations:
      • A web-accessible checklist for each minor work
      • A public registry of the minor works
      • A mechanism for public comment
3.   Identify specific maintenance and repair activities that qualify as a minor
4.   Specify that any other relevant government approvals must be sought.
5.   200 meter sections of Minor Navigable Waters should not be a minor
     work if they provide connectivity (i.e. access to lakes).
                      In Conclusion
 On June 7, 2009 the Minor Works and Waters (NWPA) Order
  came into force, made by the Minister of Transport under S.13
  of the amended Act.

 In September 2009 Transport Canada has initiated an activity to
  convert that Order into proposed regulations.

 Initial consultation is complete and analysis is underway.

 Additional opportunities for input are planned, such as at the
  Canadian Marine Advisory Council meetings (both Regional
  and National).

  Comments . . . Questions
               Kenneth Hahn

Project Manager - NWPA Regulatory Development

        Marine Safety Transport Canada

            Place de Ville, Tower C

               330 Sparks Street

          Ottawa, Ontario K1A 0N8

           Telephone: 613-998-6442

              Fax: 613-998-0637


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