The Canadian Navigable Waters Act

New Works

* Some project proponents voluntarily sought approvals for greater certainty

A better process with clear criteria for adding ‎navigable waters to the list of waters needing extra oversight (Scheduled waters)
Project proponents must notify and consult on proposed works on all navigable waters

Project proponents must notify and consult on proposed works on all navigable waters
A new resolution process would allow the Minister of Transport to review navigation concerns, review works where concerns remain unresolved, on non-Scheduled waters and require approval.

Minor works

Pre-approved

Deems minor works, as pre-approved on all navigable waters when built to established criteria

Major works
(e.g., dams)

*

*Some project proponents voluntarily sought approvals for greater certainty

Requires approval of major works that greatly interfere with navigation on all navigable waters in Canada.

Transparency

Discretionary

Requires project proponents to notify the public and give people the opportunity to raise navigation concerns before construction begins on any navigable water

Navigational obstructions

Minister of Transport would have authority to remove obstructions (e.g. a partially sunk vessel) on all navigable waters in Canada

Indigenous engagement

Legal duty to consult

Legal duty to consult
Requires decision-makers:

• when considering approvals, to consider and protect traditional Indigenous knowledge provided
• to consider any adverse effects that decisions may have on Indigenous rights

Introduces a new, more comprehensive definition of a “navigable water” that includes travel on the water to exercise Indigenous rights; and
Enables partnership agreements with Indigenous groups for activities such as monitoring, enforcement and decision-making.

Navigability test

Common law test
(water must be part of aqueous highway)

Contains a new, more comprehensive definition of a “navigable water”

Prohibited activity
(depositing, throwing of material, dewatering)

More clearly explains the prohibitions related to dewatering

Enforcement

Delegates powers to enforce the new protections of the public right of navigation
Increases amounts for violations and offences and extends the set limitation periods for violations and offences; and
Expands the Minister’s powers to order offenders to correct or remove a work, or stop a prohibited activity on all navigable waters.