Navigation Protection Program planned for April 2021 – April 2023

You can use this page to find information on planned regulatory initiatives that Transport Canada expects to bring forward over the next two years (April 2021 – April 2023). The full versions of each plan are published in the Canada Gazette. It also lists public consultations that might interest you and departmental contact information for each planned initiative.

On this page

Initiative(s) planned for the Canada Gazette, Part I

1. Administrative Monetary Penalty Regulations (Canadian Navigable Waters Act)

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would improve the Navigation Protection Program's enforcement system by introducing fines.

The proposed regulations would create a system to manage fines for the Canadian Navigable Waters Act. The proposed regulations would:

  • identify which instance of breaking the rules will result in a fine
  • create penalties for each instance of breaking the rules
  • set criteria that the department will consider when deciding on the amount of the penalty (if a range of penalties is set)
  • classify each violation as a minor violation, a serious violation, or a very serious violation
  • explain the circumstances and criteria by which the amount of a penalty may be increased or reduced

Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters. Stakeholders that may be impacted include:

  • Industries like
    • aquaculture
    • forestry
    • hydro-electric
    • railways
    • mining
    • oil and gas industries,
  • small business such as marina owners
  • Indigenous communities and individuals
  • provinces, territories, and municipalities

The proposed regulations are not expected to have significant impacts on international trade.

Regulatory cooperation (domestic and international)

Departmental officials will gather and consider information on comparable domestic enforcement systems when they develop the requirements for the proposed regulations, such as appropriate ranges of penalties.

Consultations

Transport Canada plans to pre-publish the proposed regulations in the Canada Gazette, Part I, in mid-2022 with a 60-day comment period.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-716-4668
Email: NPPHQ-PPNAC@tc.gc.ca
First included in the Transport Canada's Forward Regulatory Plan: October 2018

2. Cost recovery regulations for the Canadian Navigable Waters Act

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The goal of the proposed regulations is to allow the Minister of Transport to recover costs for services provided by the Navigation Protection Program.

The proposed regulations would introduce fees for two services provided by the Navigation Protection Program:

  • reviewing applications for works that may interfere with navigation in navigable waters
  • reviewing and processing applications for exemptions from prohibited activities like dewatering a navigable water

Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters seeking approval under the Canadian Navigable Waters Actand proponents seeking an exemption of a navigable water from prohibited activities.

Examples of users of Navigation Protection Program services that may be impacted are:

  • Industries like
    • aquaculture
    • forestry
    • hydro-electric
    • railways
    • mining
    • oil and gas industries,
  • small business such as marina owners
  • Indigenous communities and individuals
  • provinces, territories, and municipalities

The proposed regulations are not expected to have significant impacts on international trade.

Regulatory cooperation (domestic and international)

Transport Canada is developing the regulations in cooperation with other federal departments, led by the Impact Assessment Agency of Canada to ensure a coordinated approach for user fees related to environmental reviews and regulatory approvals.

Consultations

Transport Canada launched a consultation on the fee proposal with stakeholders, Indigenous peoples and the public on November 25, 2020.  The period for comment ended February 12, 2021.

Transport Canada plans to pre-publish the proposed changes in the Canada Gazette, Part I, in late 2021 with a 30-day comment period.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-716-4668
Email: NPPHQ-PPNAC@tc.gc.ca
First included in the Transport Canada's Forward Regulatory Plan: October 2018

Initiative(s) planned for the Canada Gazette, Part II

3. Regulations Repealing the Ferry Cable Regulations

Enabling act

Canadian Navigable Waters Act (R.S., 1985, C. N-22)

Description

The proposed regulations would repeal (cancel) the Ferry Cable Regulations.

The Canadian Navigable Waters Act came into effect on August 28, 2019. Because of this, the Minister of Transport has the authority to make a Major Works Order. The Major Works Order also came into effect on August 28, 2019 and designates the types of works considered to be substantial interferences to navigation. Transport Canada has listed ferry cables in the Major Works Order.

Owners of works listed in the Major Works Order have to apply for approval when they want to:

  • construct
  • place
  • alter
  • rebuild
  • remove, or
  • decommission a work built on a navigable water

Since Transport Canada has the authority to attach terms and conditions to approvals, repealing the Ferry Cable Regulations may result in greater flexibility for industry to make use of new technologies and approaches for managing any interference to navigation. Existing requirements within the regulation that relate to directing vessel traffic would be moved from the Ferry Cable Regulations to the Navigation Safety Regulations, 2020 pursuant to the Canadian Navigable Waters Act.

Potential impacts on Canadians, including businesses

The regulations apply to owners of ferry cables, including provinces and territories, municipalities, and individual businesses. Repealing the regulations may benefit ferry cable owners by reducing administrative burden and increasing flexibility in how navigation can be protected.

There are no expected impacts on international trade or investment.

Regulatory cooperation (domestic and international)

Transport Canada expects that this proposal will not affect regulatory cooperation efforts.

Consultations

Transport Canada plans to publish the proposed changes in the Canada Gazette, Part II, in mid-2023.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-716-4668
Email: NPPHQ-PPNAC@tc.gc.ca

First included in the Transport Canada's Forward Regulatory Plan: April 2019