The Navigation Protection Act (NPA) deals exclusively with balancing the need to allow critical infrastructure to be built, such as bridges, which could obstruct navigation – these amendments will not reduce the protection of Canada’s waterways.
The NPA will not diminish the safety oversight of Canada’s waterways. There are at least nine acts of Parliament governing marine safety, including the extensive safety regime of the Canada Shipping Act. Transport Canada will continue to uphold these rigorous navigation safety requirements.
There will also be no reduction in the environmental protection of Canada’s waters as a result of these amendments. Canada’s legislation governing the environmental protection of waterways is not affected by the proposed amendments to the Navigable Waters Protection Act, and these changes will in no way diminish the Government’s commitment to protecting the environment.
Through federal legislation such as the new Canadian Environmental Assessment Act 2012, environmental protection will continue to be assured. Environmental assessments will focus on projects that have greater potential for significant adverse environmental effects. Environmental reviews will also be conducted by the National Energy Board and the Canadian Nuclear Safety Commission where projects involving waterways have the potential for significant environmental effects. The NPA will not change or affect proponent obligations under the Fisheries Act.
Smaller, more routine projects that are not captured by federal environmental assessments will continue to be subject to a range of federal and provincial laws, standards and permits that protect waterways.
October 2012
