The Navigation Protection Act clearly lists the major waterways that require federal regulatory approval regarding navigability.In Alberta, this means five rivers and one lake will still remain under Transport Canada’s oversight. The Act, and its related orders and regulations, are expected to come into force in 2014. As a result, Transport Canada conducted information sessions and the presentation is attached.
Municipalities are among the selected proponents that can still request approval on any project where the legal protection of having federal approval is deemed worthwhile or necessary. This can be done on a project-by-project basis. However, once a project is opted-in, it must see the entire process through and is subject to all federal specifications—including the possibility that the project will be denied or modified.
Additionally, a proponent seeking to extinguish any navigable water body, either through deposits or dewatering, will continue to be subject to a comprehensive federal review process.
Heading into 2014, Transport Canada continues to work on the Minor Works and Waters Order revisions. Attached is the related overview and discussion document. Please make submissions to Transport Canada by August 15, 2013. Feedback should be directed to Elisabeth Bertrand at firstname.lastname@example.org.
Similarly, the new Minor Repair Order and Administrative Monetary Penalties (AMPS) regulation will be available for consultation in the future. Transport Canada has committed to making these available to the AAMDC and our members for input before they are finalized.
Other related initiatives include new policies and guidance for Transport Canada field staff on screening assessments, determining boundaries, opt-in and AMPS procedures as well as new reference materials for stakeholders including the redesign of their website.
Enquiries may be directed to:
Director, Advocacy & Communications