Transport Canada seeks input on discussion paper
In February 2018, the Government of Canada introduced an Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (Bill C-69). The proposed changes to the Navigation Protection Act in Bill C-69 would create a new Canadian Navigable Waters Act (CNWA). This new Act would deliver on the Government’s promise to restore protections and put in place modern safeguards to protect the public right of navigation by introducing navigation protections on all navigable waters in Canada. For more information on the status of Bill C-69, please visit the Parliament of Canada website.
While Bill C-69 undergoes review by the Senate, Transport Canada is proactively consulting on its review of the Minor Works Order, which would be updated should the proposed Canadian Navigable Waters Act become law.
Transport Canada has published a Minor Works Order discussion paper to seek your feedback on the existing categories of works and potential new classes that could be added in the Order.
Please note that the deadline for providing your input on the discussion paper is June 28, 2019.
To support input from Indigenous groups on the Minor Works Order, Transport Canada plans to launch a round of participant funding during the Spring 2019.
What is the Minor Works Order?
The Minor Works Order names the types of "minor" works that are likely to slightly interfere with navigation (for example, cottage docks). Minor works do not require an approval if the work meets the criteria and requirements found in the Order. Currently, the Minor Works Order only applies to works on scheduled navigable waters. Under the proposed CNWA, the Minor Works Order would lay out the requirements that minor works would need to meet on any navigable water in Canada.
For more information on the CNWA, please visit https://letstalktransportation.ca/CNWA.