The Canadian government has begun the preliminary steps to review the Navigable Waters Protection Act (NWPA), one of the oldest pieces of legislation in Canada.  The legislation dates back to the 1880’s and recently many critics from industry, provincial, territorial, and municipal governments claim the definitions and requirements in the NWPA act as unnecessary impediments to development.

At this time it is unclear what changes if any will be made to the legislation but recreational paddlers, scientists, and environmentalists are waiting with anticipation to see which direction amendments to the legislation might take.  The proposed changes have come as somewhat of a surprise and have caused a ripple of concern since the process to date has not been overly transparent.

For the most part, the proposed amendments relate to definitions used within the current NWPA.  Definitions that the Standing Committee on Transport, Infrastructure, and Communities have recommended should be changed include alterations to ‘navigable waters’ to exclude ‘minor waters’, changes to the definition of ‘work’ to explicitly exclude ‘minor works’ and the definition of ‘inspection powers’; other changes involve various references, fines, and review periods that have been recommended for deletion or adjustments.

Earthroots does not oppose the review of this dated legislation and has been in communication with various members of parliament and other concerned groups and individuals to ensure that the process is transparent and includes public consultation.  We will continue to monitor the review of the NWPA and when information becomes available, we will analyse the proposed changes to understand how they will potentially impact fisheries, river and stream navigability by small crafts, or any other concerns that may arise once proposals to amendments are available.

Visit our blog dedicated to this topic for more information and to engage in discussion about the proposed changes / potential implications by clicking here.

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