Let's Talk Navigation

On August 28, 2019, the Canadian Navigable Waters Act (CNWA) came into force. The CNWA amended the Navigation Protection Act and:

• restores and better protects your right to move freely over Canada’s waterways
• advances reconciliation with Indigenous peoples
• creates more accessible and transparent decision-making processes

Public right to navigation

The CNWA better protects the public right to travel on all navigable waters in Canada through:

• regulating major works (for example, dams and bridges) and obstructions on all navigable waters
• introducing a fuller definition of “navigable water”
• a more inclusive process to add navigable waters to the list – known as the schedule
• considering the cumulative effects on navigation of multiple projects in a navigable water
• introducing a new public resolution process to address Canadians’ navigation concerns before a work is built

Reconciliation

The CNWA enables Transport Canada to engage more closely with Indigenous peoples to:

• create new agreements and arrangements for how we administer the Act (monitoring, enforcement)
• ensure Indigenous knowledge is considered and protected
• explicitly include transport or travel to exercise Indigenous rights in the definition of “navigable water”
• ensure that potential adverse impacts on Indigenous rights are considered before making a decision under the Act

Better processes

The CNWA results in more accessible and transparent processes, including:

• a new online registry with information about projects and regulatory approvals
• a requirement for owners to provide advance notification for works on any navigable water
• a requirement that owners provide opportunities for early engagement for works on any navigable water

To participate:

We want to hear from you. Please refer to the discussion paper on the Minor Works Order and provide feedback by sending your comments to NPP-Secretariat-PPN@tc.gc.ca.