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Canada’s Environmental Reviews: Navigation Protection Act

Overview

In 2012, omnibus budget Bill C-45 changed one of Canada’s oldest laws, the Navigable Waters Protection Act, into the Navigation Protection Act, removing key legal protections from over 99% of Canada’s lakes and rivers.

For those waterbodies that lost their protection, a permit under the Act is no longer required to build culverts, dykes or bridges, or to otherwise impede navigation.

This reduced federal protection means an individual or group that depends on a waterway for recreation or livelihood would have to go to court to enforce century-old public rights of navigation to challenge development that it believes impedes navigation.

Under the new Navigation Protection Act just 64 rivers, 97 lakes and the three oceans are protected from development that restricts their navigability. The list of rivers, lakes and oceans currently protected under the Act represents a tiny fraction of the country’s waterways. There are no protected water bodies on Vancouver Island, for example, and major streams and lakes elsewhere in BC have been excluded.

At the time, the Canadian government defended the changes, arguing that these rules created too much red tape and insisting that the purpose of the provisions were not environmental.

In 2015, the mandate letters for both the Minister of Transport and Minister of Fisheries, Oceans and the Canadian Coast Guard tasked the Ministers to review the previous government's changes to the Navigable Waters Protection Act, to restore lost protections and incorporate modern safeguards. Now, the federal government has launched public consultation process to accept input on the Act.

Key points

West Coast Environmental Law Association has written about why navigation protection is also environmental protection. Here are a few key points:

  • The public right of navigation has always included the protection of navigable waters; the Act should protect navigable waters, and not only a narrow view of navigation.
  • All navigable waters deserve legal protection, and not just the major ones. Indeed, the smaller waterways that are enjoyed by kayakers and canoers, hunters and fishers, are often the most vulnerable. One biologist reports no longer being able to access isolated areas to do his fisheries research because protection of the stream that he would boat up was eliminated, and a culvert subsequently built that blocked his way.
  • The government’s review of how to protect navigation can’t be entirely separate from its reviews of the Fisheries Act and of environmental assessment processes – these statutes must work together to protect Canada’s waterways.

Timeline

  • September 27, 2016 – House of Commons Standing Committee on Transport, Infrastructure and Communities agreed to devote approximately eight meetings to conduct a study and report on changes to the Navigation Protection Act.
  • October 4, 2016 – The Committee began its work to review the changes to the Act.
  • November 30, 2016 – Deadline for submitting written briefs to the Committee.
  • Early 2017 – Government has 120 days to respond to the recommendations of the Committee.

Ways to participate

There are two ways to participate in the review of the Navigation Protection Act.

1. Review by Parliamentary Standing Committee on Transport, Infrastructure and Communities

The Standing Committee on Transport, Infrastructure and Communities is now inviting written briefs from witnesses and experts. All Canadians are invited to submit briefs.

On September 27th, the Committee met and agreed to devote approximately eight meetings to conduct the study and report on the changes to the Navigation Protection Act that came into force in 2014, with a specific focus on:

  • The environmental and sector impacts of the changes;
  • The impact of the changes on the long-term viability of commercial and recreational utilization of Canada’s waterways;
  • The cost, practicality and effectiveness of the changes when gauged against the environmental, business and recreational function of Canada’s waterways; and
  • The efficiency of the changes when viewed holistically, from a user perspective, with other Acts that collectively impact upon users.

Appear as a Witness: To appear as a witness before the Committee, contact Andrew Bartholomew Chaplin, Clerk of the Committee at 613-996-4663 or TRAN@parl.gc.ca

Submit a written brief: The Committee is receiving written briefs until November 30, 2016. You may submit a brief online here.

2. Submissions to Transport Canada

After the deadline for submitting briefs to the Standing Committee, Transport Canada will continue to accept any comments on the Navigation Protection Act to inform the government response to the Committee's recommendations. 

Please send any comments after November 30th to:  NPPHQ-PPNAC@tc.gc.ca

Additional resources

West Coast's submission to the Standing Committee on Transport, Infrastructure and Communities, with recommendations on how to restore lost environmental protection and introduce modern safeguards to the Navigation Protection Act.

This report from Council of Canadians highlights how the new Navigation Protection Act is impacting local economies, Indigenous peoples’ rights and waterways from coast to coast.

Krystyn Tully of the Lake Ontario Waterkeepers explains the importance of navigation rights and the protection provided by the former legislation.


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