Navigation Protection Program initiatives planned for April 2019 - April 2021

From: Transport Canada

This plan provides information on planned and potential regulatory initiatives that Transport Canada expects to bring forward over the next two years, as published in the Canada Gazette (CG). It also identifies public consultation opportunities and a departmental contact point for each regulatory initiative.

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CG I - Amendments to the Navigable Waters Bridges Regulations and Navigable Waters Work Regulations

Enabling act

Navigation Protection Act (R.S., 1985, C. N-22)

Description

The objective of the amendments are to increase compliance and navigation safety by developing a consistent framework of requirements for works that interfere with the public right to navigation.

The amended regulations would update, consolidate and modernize requirements for bridges and other works on navigable waters. Currently, amendments to the Navigation Protection Act are moving through the Parliamentary process. Should the proposed legislation become law, Transport Canada would amend the Navigable Waters Bridges Regulations and Navigable Waters Work Regulations by consolidating them into a single regulation, repealing certain provisions to align with the requirements set out in the proposed Canadian Navigable Waters Act, and introducing provisions to mitigate the interference to navigation of works on all navigable waters.

Potential impacts on Canadians, including businesses

The regulations apply to owners of works on navigable waters. Examples of stakeholders that may be impacted, as owners of works on navigable waters in Canada, are the forestry, hydro-electric, railways, and oil and gas industries, as well as the provinces and territories.

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

Regulatory cooperation efforts (domestic and international)

Departmental officials will gather data on domestic standards for the construction of works on navigable waters, and consider the relevant standards of our trading partners in order to limit impacts on Canadian business.

Consultations

It is anticipated that there will be a 60-day comment period following pre-publication in Canada Gazette, Part I, in early 2020.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-952-4406
Email: NPPHQ-PPNAC@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Administrative Monetary Penalty Regulations (Navigation Protection Act)

Enabling act

Navigation Protection Act (R.S., 1985, C. N-22)

Description

The objective of the proposed regulation is to enhance the navigation protection system’s enforcement regime by introducing administrative monetary penalties.

The proposed regulations would establish an administrative monetary penalty regime for the Navigation Protection Act. The regulations would:

  1. establish penalties for each violation;
  2. establish criteria to be considered in determining the amount of the penalty if a range of penalties is established;
  3. classify each violation as a minor violation, a serious violation, or a very serious violation; and
  4. articulate the circumstances and criteria by which the amount of a penalty may be increased or reduced.

Potential impacts on Canadians, including businesses

The regulations would apply to owners of works on navigable waters subject to the Navigation Protection Act. Examples of stakeholders that may be impacted are the forestry, hydro-electric, railways, and oil and gas industries, as well as the provinces and territories as owners of works on navigable waters in Canada.

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

Regulatory cooperation efforts (domestic and international)

Departmental officials will gather and consider information on comparable domestic enforcement regimes in developing the requirements for the proposed regulations, such as appropriate ranges of penalties.

Consultations

It is anticipated that there will be a 60-day comment period following pre-publication in Canada Gazette, Part I, in early 2020.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-952-4406
Email: NPPHQ-PPNAC@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG I - Cost recovery regulations for the Navigation Protection Act

Enabling act

Navigation Protection Act (R.S., 1985, C. N-22)

Description

The objective of the proposed regulation is to enable the Minister of Transport to recover costs incurred by Transport Canada for services provided by the Navigation Protection Program.

The proposed regulations would introduce fees for services provided by the Navigation Protection Program. Services could include the review and approval of works in navigable waters and the review and processing of applications for exemptions to prohibited activities (e.g., dewatering a navigable water).

Potential impacts on Canadians, including businesses

The proposed regulations would apply to owners of works on navigable waters. Examples of stakeholders that may be impacted are the forestry, hydro-electric, railways, and oil and gas industries, small business such as marina owners and individuals, as well as the provinces and territories as owners of works on navigable waters in Canada.

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

Regulatory cooperation efforts (domestic and international)

The regulations are being developed in cooperation with other federal departments, led by the Canadian Environmental Assessment Agency, to ensure a coordinated approach for user fees related to environmental reviews and regulatory approvals.

Consultations

Transport Canada anticipates consulting with stakeholders on its fee proposal in early 2020. It is anticipated that there will be a 30-day comment period following pre-publication in Canada Gazette, Part I, in fall 2020.

Departmental contact information

Cara McCue
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-404-1082
Email: NPPHQ-PPNAC@tc.gc.ca

First included in Transport Canada’s Forward Regulatory Plan: October 2018

CG II - Repeal Ferry Cable regulations New

Enabling act

Navigation Protection Act (R.S., 1985, C. N-22)

Description

Transport Canada is considering repealing the Ferry Cable Regulations.

Currently, amendments to the Navigation Protection Act are moving through the Parliamentary process. Should the proposed legislation become law, the Minister of Transport would have the authority to make a Major Works Order which would designate the types of works considered to be substantial interferences to navigation. Transport Canada is considering listing ferry cables in the Major Works Order.

Owners of works listed in the Major Works Order would be required to apply for an approval when proposing to construct, place, alter, rebuild, remove or decommission the work on any navigable water. Given that 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 mitigating the interference to navigation.

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 through a reduction in administrative burden.

There are no expected impacts on international trade or investment.

Consultations

Transport Canada will raise the possible repeal of the Ferry Cable Regulations with ferry cable owners, as part of the consultations for the Major Works Order in spring 2019. Should Transport Canada proceed with this approach, the target date for repealing the regulations in the Canada Gazette, Part II, is winter 2020.

Departmental contact information

Jacob McBane
Manager, Navigation Protection Program
Transport Canada
Telephone: 613-952-4406
Email: NPPHQ-PPNAC@tc.gc.ca

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

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