Home News/Updates Lake Ontario Waterkeeper: Comments, Recommendations and Analysis of the proposed amendment to the NWPA
News/Updates
Lake Ontario Waterkeeper: Comments, Recommendations and Analysis of the proposed amendment to the NWPA
As you may know, the federal government tabled its 2009 Budget (The Budget Implementation Act, Bill C-10). , The budget act includes sweeping changes to one of Canada's important laws, the Navigable Waters Protection Act (NWPA).  

Lake Ontario Waterkeeper researched the proposed changes to the NWPA, and is offering a comment on the changes for your information.  

This summary, along with the background below, is available in a printable pdf file on our website at www.waterkeeper.ca/NWPA.

Specific concerns with the legislation
  • The new Navigable Waters Protection Act (NWPA) eliminates environmental assessments for development projects on Canadian waterways, with very few exceptions.
  • The new NWPA means decisions about Canada’s waterways will be based on politics and financial clout rather than science or long-term socio-economic needs.
  • The new NWPA divides Canada’s rivers into those worth protecting and those not worth protecting.
  • The “class” lists may be drafted by the Cabinet in secrecy, with no public consultation, scientific basis, or opportunity for appeal.
Bigger picture concerns
  • The legislation fails to recognize that navigation is a public right, stemming from both Aboriginal and European history. The new NWPA mistakenly presumes that the Government of Canada and its friends, rather than Canadians, own and control our rivers.
  • The legislation is part of an ongoing attack on science, transparency, and fairness when it comes to making decisions that affect Canada’s environment. We are seeing similar efforts to gut the Fisheries Act, environmental assessment legislation, and the Environmental Bill of Rights among others. This attack blames “red tape” for standing in the way of progress. In reality, these laws are the only things standing between citizens and a massive sell-off of our waterways from coast-to-coast,  be it through pollution, development, or diversion.

Recommendations
  • Decouple the new NWPA from the Budget Implementation Act, 2009 <http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3087535&amp;Language=e&amp;Mode=1>  so that there can be proper, thorough, and transparent consultation with the public.
  • Restore the environmental assessment trigger.
  • Remove the Minister’s discretion when it comes to major projects, such as the four named works in the existing legislation: bridge, boom, dam or causeway.
  • Eliminate the system for dividing up Canada’s rivers or classifying different types of “works”. In the alternative, create these classes only after significant public consultation and scientific review, allow for exemptions in special cases, and explicitly maintain the existing common law and traditional right to use navigable waters.
Additional Resources

Feel free to use any of this information to hep inform any news stories, blog posts, press releases, or reports you may be working on.  Please refer readers to our website should you use our material.

We would also encourage anyone with an interest in this issue to leave a comment on our website at www.waterkeeper.ca/NWPA