Over time, the scope and application of the Navigable Waters Protection Act (NWPA) has expanded significantly due to amendments, judicial decisions and changes in operational practices. The NWPA applies to all navigable waters in Canada including brooks, streams and waters that can float a canoe or kayak. The most recent amendments were passed in 2009, and led to the implementation of the Minor Works and Waters Order.
The Order enabled low risk works that met certain criteria to be pre-approved under the Act. Specific classes of minor works, along with works proposed to be built in specific classes of minor waters, were exempted from having to undergo the application process. The Order allowed people to build modest docks, for example, without requiring a federal government assessment.
These changes resulted in a temporary decrease of 10 per cent in applications which has since increased to pre-2009 levels in 2012 due, in part, to a growth in infrastructure investments in 2010.
The revised NWPA will further expand the Order to include more classes of minor works, covering specific low-risk construction.
It should be noted that the NWPA amendments will not impact the approval of National Energy Board-regulated pipelines. Separate amendments to the National Energy Board Act, already passed by Parliament, will give the NEB and the Governor-in-Council exclusive authority over international and interprovincial pipeline approvals.
Further expansion of the Minor Works and Waters Order will allow for more low risk works such as boathouses, launch ramps, slip-ways, sewer pipes, mooring systems, and minor repairs to be pre-approved, as they pose no impact on navigation. These changes will result in a more streamlined approach, building further efficiencies gained through the 2009 amendments. This is in line with the Government of Canada’s commitment to reduce regulatory burden for Canadians, paving the way to more growth and long-term prosperity.
October 2012
