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Navigable Waters Protection Act Regulatory Development: Update - April 2010

Purpose

To provide an overview and status of the Regulatory Development activities pursuant to the amended Navigable Waters Protection Act

Kenneth Hahn
Project Manager:  NWPA Regulatory Development
E-mail:  Kenneth.Hahn@tc.gc.ca
Telephone:  (613) 998-6442
Fax:   (613) 998-0637

Contents

Background

  • The Navigable Waters Protection Act (NWPA) was enacted to protect the public right of navigation in Canada. See Navigable Waters Protection Act (R.S. 1985, c. N-22),
  • On March 12, 2009, the amended NWPA received Royal Assent,
  • On June 7, 2009, using the authority of Section 13 of the amended Act, The Minister of Transport made the Minor Works and Waters (Navigable Waters Protection Act) Order. See Canada Gazette - Part I - May 9, 2009,
  • In September 2009, Transport Canada initiated an activity to convert that Order into proposed regulations.

Minor Works and Waters (NWPA) Order

Defines the classes of works which are exempt from the approval process normally required under 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 the classes of waters which are exempt from the application process normally required under 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 in the Order, available at http://www.tc.gc.ca/acts-regulations/acts/1985cn-22/menu.htm .

Consultation

Invitation to Consult complete,

  • Over 350 organizations invited to provide comments,
  • Extensive coverage of proponents, users, aboriginal groups,
  • Broad geographic coverage.

Good response,

  • Over 70 groups responded,
  • Over 400 comments received.

Interactions with Stakeholders and Interested Parties continues,

  • NWPP Regulatory Development Web log,
  • Analysis document soon available for review.

Overview of Key Proposed Changes

Changes identified

  • Additional Minor Works,
  • Minor Changes to criteria of existing Minor Works,
  • Clarification of existing wording,
  • Analysis document available for review.

Development of an NWPP Maintenance and Repair Policy

  • Exempt common repairs with a minor impact on navigation from the approval process under the NWPA.
  • Additional Minor Works added (Mooring Buoys, Outfalls, Boat Ramps, Swim Areas),
  • Temporary Works while the waterway is frozen or dry considered to be Minor Works,
  • Significant changes to Pipeline Crossings as a minor work,
    • Pipelines regulated under the National Energy Board Act may be a Minor Work,
    • Trenchless methods permitted under more scenarios.
  • Minor Navigable Waters can be up to 5 meters wide, but works on these waters cannot prevent access.

Anticipated Timelines

Minor Works and Waters

January 2010
Analysis of feedback and comments ongoing
April 2010
Preliminary drafting commences
September 2010
Pre-publication in Part 1 of the Canada Gazette, followed by a 30-day comment period
Spring 2011
Publication in Part 2 of the Canada Gazette.

Maintenance and Repair Policy

Summer 2010
Begin approval process.

In Summary

On June 7, 2009, using Section 13 of the amended Act, The Minister of Transport made the Minor Works and Waters (NWPA) Order.
See Canada Gazette - Part I - May 9, 2009,

Transport Canada has initiated an activity to convert that Order into proposed regulations. While continuing to accept comments, we are analyzing received input and drafting the proposed regulations,

Please contact Ken Hahn (at Kenneth.Hahn@tc.gc.ca or 613-998-6442) for additional information, clarifications, to provide input and to comment on the analysis done to date.

Date modified:
2010-04-16