Adding navigable waters to the Canadian Navigable Waters Act Schedule

The Canadian Navigable Waters Act (CNWA) protects the public right to navigate in Canada’s navigable waters by regulating activities that could block navigation. The CNWA includes a list called the "Schedule," which identifies Canada’s busiest and most important navigable waters. If you want to do any work in these waters, you need to get approval from Transport Canada.

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Introduction

A key purpose of the Canadian Navigable Waters Act is to regulate "works" that may interfere with navigation in Canada’s navigable waters. Works include any structure, device or thing — temporary or permanent — made by humans that is in, on, over, under, through or across any navigable water. They can be small works like docks or large works like dams. The CNWA Schedule lists Canada’s busiest and most important navigable waters, particularly those significant to Canadians and Indigenous Peoples. These waterways support high levels of commercial or recreational navigation, are accessible through ports and marinas, and are often located near densely populated areas.

Waterways listed on the CNWA Schedule receive extra navigation oversight due to their vulnerability to significant impacts on navigation from additional development.

This means that an owner who proposes to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across a navigable water listed in the schedule must apply for an approval to Transport Canada, unless the work would not interfere with navigation.

Why add a navigable water to the schedule?

Adding a navigable waterFootnote 1 to the Schedule provides a greater level of oversight to manage impacts to navigation of works built in navigable waters that are most important to Canadians and to Indigenous peoples. If you believe that navigation on a waterway should be further regulated by Transport Canada, the CNWA provides a mechanism to request that a waterway be added to the Schedule.

Transport Canada is dedicated to making the process of adding navigable waters to the CNWA Schedule clear and easy to understand. Anyone can apply to add waterways to the Schedule.

Bodies of waters are assessed using a two-step process:

  • Step 1: Determine whether the body of water is “navigable” under the CNWA's definition.
  • Step 2: Assess the body of water against seven key factors listed in the CNWA, taking into account any other considerations that may be relevant to the assessment.

Step 1: Determining Navigability

Once an application is received to request that a body of water is in the Schedule, Transport Canada will validate that the body of water meets the definition of a “navigable water” under the CNWA. Only waterways that meet this definition can be considered for the Schedule.

The following two factors must be present:

  1. Use for transport or travel: If the body of water is used or has a reasonable likelihood to be used by vessels for transport or travel. This includes commercial use, recreational use, or use by Indigenous Peoples to exercise their rights.
  2. Accessibility: The body of water is considered to be accessible if:
    • the public can access it by land or by water
    • it has two or more riparian (waterfront) owners, or
    • it is owned solely by the Crown

Consult the Navigation Protection Program page for more information.

Step 2: Analyze the navigable water using key factors

Once an application is received and Transport Canada has validated that it is a navigable water, Transport Canada will assess whether the navigable water should be added to the Schedule.

In this assessment, Transport Canada will consider the following factors:

  • Is the navigable water on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service?
  • What are its physical characteristics?
  • Does it connect to other navigable waters (and if so, how)?
  • Is it safe to navigate there?
  • What is the past, current, or anticipated navigation through the waterway?
  • Are there Indigenous Peoples who navigate, have navigated, or will likely navigate this waterway in order to exercise their rights recognized and affirmed by section 35 of the Constitution Act, 1982?
  • What are the overall cumulative impacts of works on navigation in the waterway?

The navigable water does not need to meet all these seven factors to be considered for a potential addition to the Schedule of the CNWA. However, meeting a greater number of factors could impact Transport Canada’s decision. Ultimately, to ensure flexibility, each application is assessed on a case-by-case basis.

Process for adding navigable waters to the Schedule

1. Submission of applications

Send your application through the External Submission Site.

2. Assessment of applications

During this first stage of the process, applications are assessed and Transport Canada publishes a list of navigable waters found eligible to be further considered for an inclusion in the Schedule. This list is available online for a 30-day comment period.

3. Additions of navigable waters to the Schedule

At the Minister’s discretion, applications for bodies of water that meet the definition of a navigable water and meets some of the seven factors mentioned above could be added to the Schedule through a ministerial order.

Tailored Process for Indigenous applications

Indigenous groups interested in adding navigable waters to the Schedule have access to additional resources and support. This process is designed to help address challenges like financial limits or technical and administrative barriers.

Support for Indigenous Peoples can include:

  • Funding and dedicated Transport Canada staff to assist with the application process
  • Additional opportunities for information sharing between Transport Canada and Indigenous groups (for example, during the assessment and decision phases of the process).

Indigenous groups are still responsible for providing the necessary information to support their request.

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