The amendments to the NPA are in the bottom quarter of this page:
https://www.parl.ca/DocumentViewer/en/4 ... 5056bc7996Reading through some sections most relevant to canoe routes, it's evident that most routes will not be considered to be navigable waters in the Schedule of about 160 lakes and rivers listed for hard protection. Instead, most canoe routes will be considered "minor waters".
There will be considerable judgement required by the Minister, and the MOT, when it comes to minor works on minor waters (major works will require close oversight). Here's what the previous NPA defined, lots of latitude in the Minister's power to affect development approvals (any development and water can be considered minor if the Minister wants it so):
Quote:
Minister’s power
(2) The Minister may make an order
(a) designating any works as minor works;
(b) designating, as minor waters, any of the navigable waters, in whole or in part, that are listed in the schedule;
This has been amended to:
Quote:
Replaced with...
(4) Paragraphs 28(2)(a) to (d) of the Act are replaced by the following:
(a) designating any works that are likely to slightly interfere with navigation as minor works;
(b) designating any works that are likely to substantially interfere with navigation as major works; and
(c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters.
What does "slightly" actually mean... a lot depends on the judgment and political leanings of the Minister.
Here's what can be now done with minor works (those not needing hard review) on minor waters (those not in the list in the Schedule of ~160 navigable lakes and rivers), post-amendment:
Quote:
Works in Navigable Waters not Listed in Schedule
Application or notice
10 (1) If an owner proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule, he or she must either
(a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or
(b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.
So the need to provide public notice isn't a hard requirement... if the obstruction is judged to only "slightly" interfere with navigation, it will be judged as a minor work on a minor water and an application to MOT and an approval on paper may all be that's required. The development might go ahead without the public being aware since no public notice is required.
Another thing... I couldn't find any reference to Environmental Assessments being triggered as they were in the past, with the old NWPA... so the government's promise to "restore lost protections" doesn't seem to be there at the moment. Maybe there's more coming but this all seems pretty loose and subjective, depending on the political and economic leanings of whatever Minister and government in power.
Anyway, interpretation and execution on the ground are what counts... it remains to be seen just how effective the new act actually is when protecting the public right to navigation.
PS............ and the new amendments still haven't been worked into the online wording of the NPA... still there in the old form.