Let’s talk Administrative Monetary Penalty Regulations under the Canadian Navigable Waters Act

We’re seeking feedback on the proposed regulations to create administrative monetary penalties under the Canadian Navigable Waters Act.

Background

The Canadian Navigable Waters Act protects the public right to travel or transport on Canada’s navigable waters. The Act covers:

• things that could interfere with navigation, such as works (structures, devices or things)
• human-made obstructions
• prohibited activities (like throwing/depositing materials and dewatering)

The Act applies to anyone planning to build or place a work in, on, over, under, through or across a navigable water in Canada.

Our proposal

The proposed administrative monetary penalties are meant to encourage compliance. They would help keep Canada’s navigable waters open and safe for transport and travel, including as a way for Indigenous Peoples to exercise their rights.

Specific Canadian Navigable Waters Act provisions would be identified as violations. Each violation would be listed as “minor,” “serious,” or “very serious,” based on its impact on navigation.

• Minor – Would include violations related to administrative provisions or that would likely have a slight impact on travel and transport. For example, a violation related to a work’s ownership transfer notice or related to a minor work.
• Serious – Would include violations that would likely limit or encumber travel and transport. For example, a violation related to a potential obstruction.
• Very serious – Would include violations that would likely extinguish travel and transport. For example, a prohibited activity such as dewatering a navigable water.

The proposed regulations would also define aggravating factors that could increase a penalty, and mitigating factors that could reduce a penalty.

The proposed aggravating factors are:

1. harm – the violation would cause potential or actual harm to:
   • public health and safety
   • the environment
   • property
   • the flow of essential goods, services, or resources
   • the flow of people
2. economic benefit – the violator would get an economic gain or competitive advantage
3. non-compliance history – the violator has failed to comply with an order or has been found guilty of a violation or offence within the past 5 years
4. knowingly aware – the violator knows that their action or omission would fail to comply with the Act or its regulations

The proposed mitigating factors are:

1. mitigation of harm – the violator would take voluntary measures to reduce the harm the violation caused or could cause
2. cooperation – the violator would cooperate with Transport Canada
3. self-reporting – the violator would report their violation to Transport Canada
4. prevent recurrence – the violator would take voluntary measures to prevent the violation from happening again

The Navigation Protection Program would consider if issuing an administrative monetary penalty could negatively affect the rights of Indigenous Peoples of Canada.

We want to hear from you

We want to hear from Indigenous communities, stakeholders and the Canadian public. Your opinions and feedback are important!

How to participate

• Choose “Register” at the top of the page, and join the discussion under the “Have Your Say” tab.
• You can also submit your comments in a Word or PDF document through the “Submissions” tab. You can upload more than one document.
• Or you can email us your comments at tc.npphq-ppnac.tc@tc.gc.ca