Topic: Comments Solicited: Proposed Minor Works and Waters (NWPA) Regulations
Date: 28 January 2011

The Navigable Waters Protection Program is currently reviewing regulations pursuant to the Navigable Waters Protection Act. At this time, the proposed Minor Works and Waters (NWPA) Regulations are still being developed. We are providing this updated information draft for your review. While Transport Canada has made every effort to ensure the intent of the regulatory proposal is clear in the draft attached below, there may be significant changes in the wording of certain parts before it is in its final form and ready to be pre-published in Part I of the Canada Gazette. We are seeking input from stakeholders and interested parties.

We would appreciate responses by March 18, 2011.

For more information, please contact:

Sébastien Bélanger
Email: sebastien.belanger@tc.gc.ca
Telephone: 613-998-6442

Topic: Comments Solicited: Ferry Cable Regulations
Date: 10 June 2010

The Navigable Waters Protection Program is currently reviewing the regulations flowing from the Navigable Waters Protection Act and is contemplating changes to the Regulations Respecting Ferry Cables in Navigable Waters (Ferry Cable Regulations). We are seeking input from stakeholders and interested parties.

The following questions may be useful to consider - although all comments are welcome.

• Should the scope of the Regulations be changed? How?
• Are there any specific changes that should be made to these Regulations? Why?
• Are there any specific issues with these Regulations that should be addressed?
• Are there any ambiguities in the Regulations that make them difficult to understand?

We would appreciate responses on this issue by email: nwpp-ppen@tc.gc.ca.

Topic: Comments Solicited: Proposed NWPP Policy on Repair and Maintenance of Bridges and Culverts
Date: 07 June 2010

The Navigable Waters Protection Program has developed a draft policy (see attached) to exempt some maintenance and repair activities from the application process for approval as required by Section 10 (1) and 10 (2) of the Navigable Waters Protection Act.

Draft Policy - Repair and Maintenance of Bridges and Culverts (Word file, 40 KB)

We would appreciate any comments on this issue by email: nwpp-ppen@tc.gc.ca.

Topic: Consultation Update – NWPA Working Group of National CMAC
Date: 03 May 2010

The Canadian Marine Advisory Council (CMAC) is a consultative organization intended to advise Transport Canada on matters that fall within its mandate. See CMAC Homepage.  At the last national CMAC meeting (held in Ottawa April 26-29, 2010) the Navigable Waters Protection Program (NWPP) Working Group presented an interim discussion paper for review. Contact Al Robertson for a copy of either the discussion paper or the meeting Minutes.

The NWPP Working Group provided stakeholders and interested parties with an opportunity to comment on changes that are being considered for proposed regulations that will be based on the existing Minor Works and Waters (Navigable Waters Protection Act) Order.  The discussion was very useful to the NWPP. In general stakeholders and interested parties were pleased with the consultation efforts of the NWPP in this activity.

Among others, the following comments were presented by stakeholders and interested parties at the Working Group:

• The addition of a notification clause should be considered, so that the local community would be aware of the proposal before it was implemented.
• Specific waterways should continue to require an application for approval even if they meet the criteria defined in the Order, so that works on waterways of historical or commercial significance would continue to be reviewed by NWPP officers.
• The sinuosity criteria for Minor Navigable Waterways should be revisited, so that the more manoeuvrable modern recreational vessels would be accommodated.

For more information, please contact us by email: nwpp-ppen@tc.gc.ca.

Topic: Discussion Paper: NWPA Proposed Regulations
Date: 19 April 2010

A discussion paper containing the most current analysis of proposed regulatory changes to the Minor Works and Waters (Navigable Waters Protection Program) Order is available. Please contact Kenneth Hahn for a copy.

This document will be the topic of discussion of the Navigable Waters Protection Program Working Group at the National Canadian Marine Advisory Council (CMAC) meeting in Ottawa on Monday April 26, 2010, from 13:00 to 16:30. Attendance is open to the public. Details are available at http://www.tc.gc.ca/eng/marinesafety/rsqa-cmac-menu-826.htm

Topic: Status Update: NWPA Regulatory Development
Date: 15 April 2010

Attached is the current status of the Regulatory Development activities flowing from the Navigable Waters Protection Act.

• Regulatory Development Status Update Outline (PPT file, 796 KB)
• Regulatory Development Status Update Outline (HTML file)

An analysis of these proposed regulations will be the topic of discussion of the Navigable Waters Protection Program Working Group at the National Canadian Marine Advisory Council (CMAC) meeting in Ottawa on Monday April 26, 2010, from 13:00 to 16:30. Attendance is open to the public. Details are available at http://www.tc.gc.ca/eng/marinesafety/rsqa-cmac-menu-826.htm

Topic: Initial Update - Launch of an NWPP Regulatory Development Web Log
Date: 12 March 2010

The NWPP has been actively consulting on converting the existing Minor Works and Waters (NWPA) Order into proposed regulations since September 2009. We solicited comments from more than 350 organizations and 70 have responded, with a total of more than 400 comments. A summary of the consultation activity is available below:

• Regulatory Development Status Update Outline (PPT file, 336 KB)
• Regulatory Development Status Update Outline (HTML page)

Staff within the NWPP are currently analyzing those comments and will be incorporating the results of that analysis into the proposed regulations. Periodically, as the activity proceeds, this page will be updated with either Status Updates to keep stakeholders and interested parties apprised of progress, and with Requests for Comments to give stakeholders and interested parties the opportunity to provide additional input.

We look forward to a mutually beneficial relationship.

Topic: Status Update - New Minor Works Under Consideration
Date: 12 March 2010

The Navigable Waters Protection Program (NWPP) has received over 400 comments proposing changes to the Minor Works and Waters (NWPA) Order. Many themes were identified, one of them being additional classes of minor works. Subject Matter Experts within the NWPP have considered the additional works that were proposed, and have decided to proceed with developing criteria for the following new minor works:

• Boat launches/boat ramps/slipways
• Mooring buoys
• Outfalls (to be included with Water Intakes)
• Swim Areas

This is not a definitive list. Additional minor works may be added at a later time. Minor works on the above list may be removed as more information becomes available.

Topic: Criteria for Mooring Buoys - Request for Comments
Date: 12 March 2010

There is an existing Transport Canada Policy on Mooring Buoys. See current Mooring Buoy Policy, available below:

• Mooring Buoy Policy* (PDF file, 104 KB)
• Mooring Buoy Policy (HTML page)

The Mooring Buoy Minor Work will be based on that policy. The key elements are reproduced below

The placement of a single mooring buoy meeting the following criteria will not require further review by the Navigable Waters Protection Program and the project may proceed.

1. The mooring buoy must be:
   • Secured by a single anchor line,
   • Marked as per An Owners’ Guide to Private Buoys 8.4
2. The mooring buoy including swing area must be:
   • Placed no less than 20 meters from any existing docks, boathouses, swim platforms, other mooring buoy or other structure located within limits of waterway,
   • Placed at least 50 meters from any public launch ramp, marina, known navigation channel AND:
   • Where free swinging moorings are utilized, they shall require a circular area having a radius equal to three (3) times the length of the vessel
3. Moored vessels must comply with the Collision Regulations.

Mooring Buoys that do not adhere to all of the above criteria shall not be placed without further review by the Navigable Waters Protection Program. Furthermore, any mooring buoys meeting the following criteria MUST be submitted for review under the provisions of the NWPA:

• The placement of more than two (2) mooring buoys by one proponent
• A mooring buoy intended for a vessel exceeding 20 meters in length
• The placement of a mooring buoy in a waterway that is less than 100 meters wide