No. H 067/09
For release - May 8, 2009
OTTAWA — Canada's Transport Minister, John Baird, today announced another step forward in the modernization of one of Canada's oldest laws. Minister Baird released a Ministerial Order outlining criteria for determining classes of minor works and minor waterways under the Navigable Waters Protection Act (NWPA).
"Our government, led by Prime Minister Stephen Harper, is cutting red tape to address today's economic needs and reflect current realities," said Minister Baird. "The current rules treat a nearly dry stream the same way as the Northumberland Strait. That just doesn't make sense."
The federal government continues its commitment to protect the environment and the public's right to navigate. The amendments to the NWPA will provide inspectors with more time to spend on waterways and projects of greater concern and importance to Canadians and navigational safety.
Defining classes of minor works and waters that have no significant impact to navigation, such as irrigation and drainage ditches, will enable the government to streamline the approval process for infrastructure and natural resource projects.
"By fixing outdated rules, we can eliminate duplication and get on with improving public transit, upgrading clean water facilities and repairing roads and bridges," Minister Baird added.
Recent changes to the NWPA were made to ensure that the Act is applied only to infrastructure development projects and activities that actually pose a risk to navigation safety.
The amended Act includes provisions for enforcement, the creation of a continuing offence provision and the addition of inspection powers. It also provides the authority to establish fines from $5,000 to $50,000.
The order will be published in the Canada Gazette, Part I on May 9, 2009.
A backgrounder with further information about the Navigable Waters Protection Act is attached.
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Amendments to the Navigable Waters Protection Act
Written in 1882, the Navigable Waters Protection Act (NWPA) is one of the oldest pieces of legislation in Canada and, until March 12, 2009, had remained largely unchanged. The government's amendments modernize one of Canada's oldest pieces of legislation, while protecting the waterways that many Canadians have valued for generations.
In consultations Minister Baird held in advance of the First Ministers' Meeting in January 2009, provincial and territorial leaders repeatedly cited the Act as an impediment to economic growth and to the swift development of critical infrastructure. Over the years, industry and municipal governments have also requested changes to the NWPA to better respond to the increased volume of traffic on, and the variety of uses of, Canada's waterways.
The Standing Committee on Transport, Infrastructure and Communities had undertaken hearings and public consultations on amending or replacing the current NWPA in February 2008. A report, entitled Consideration of Proposed Amendments to the Navigable Waters Protection Act, was supported by members of the committee and released on June 12, 2008. The amendments to the NWPA are based on the committee's work.
The modernized NWPA promotes safe navigation and environmental protection, along with streamlined approvals. Amendments to the Act focused on establishing clearly defined classes of waters. Some classes, such as irrigation and drainage ditches, would be considered not suitable for navigation, and other classes of works would be defined as posing no concern to ongoing navigational safety (certain buried pipelines, aerial cables and small docks, for example) and thus considered to be minor works. Establishing these classes allows for more focus on important projects affecting the safety of navigation. The Act also includes the concept of temporary work to further simplify the approval process.
Approvals processes will now focus on projects that can pose real issues for boating and navigation. Inspectors will be able to spend more time on projects that could impact boaters as opposed to reviewing minor projects which, when constructed, pose no threat to the safety of navigation. There will also be new enforcement provisions, including fines of up to $50,000 per infraction per day.
Raising the fines provide the government with enhanced risk-management capability to address potential non-compliance issues. The addition of investigation/inspection powers in the NWPA provides the government with the authority to undertake these activities in a lawful and consistent manner.
