Opt in to the regulatory review process

There are some works in non-scheduled navigable waters which are regulated under the NPA. These include:

  • Works automatically opted in to the works regime when the Act came into force (which have not been subsequently opted out), and
  • Works for which a successful Opt-in Request has been made, resulting in an assessment and determination under the NPA.

Works automatically opted in

The NPA transitions every work approved or exempted under the Navigable Waters Protection Act into the NPA regime, regardless of their location in Canada. Any term or condition imposed on a work under the previous legislation remains in effect.

This applies to all previously approved and exempted works located in Canada’s navigable waters, whether or not they are on the List of Scheduled Waters. This includes works allowed under the former Minor Works and Waters Order. These works are now identified as “designated works”. The enforceable terms and conditions relating to these minor works also continue to apply.

Owners of works in non-scheduled navigable waters that fall under the authority of the NPA have the option to opt out of the works regime within five years of the coming into force date (i.e., before April 1, 2019).

Go to: Opt out of the works regime 

Reviews in progress

Any work in a non-scheduled navigable water that was undergoing NPP review after the amendments to the legislation came into force will continue to be reviewed as subject to the NPA regime, unless the owner formally requests to withdraw the application. Requests to withdraw multiple applications must provide the required information for each application in progress.

An NPP review is considered to be initiated after the NPP has provided the owner with a letter acknowledging that an application has been received.

Go to: Forms and Guidance Material 

Applying to opt in

The NPA includes an opt-in provision that allows the owners of works in non-scheduled navigable waters to ask for a review under the NPA. The Minister may accept or refuse an Opt-in Request.

While making a request to opt in to the NPA is optional, owners of projects may wish to have their work reviewed in order to proceed with the added assurance that the work’s interference with navigation is sanctioned under the NPA.

Go to:  Forms and Guidance Material 

Date modified: