Vol. 148, No. 8 — April 9, 2014
SI/2014-33 April 9, 2014
JOBS AND GROWTH ACT, 2012
Order Fixing April 1, 2014 as the Day on which Certain Sections of the Act Come into Force
P.C. 2014-304 March 27, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 350 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, fixes April 1, 2014 as the day on which sections 316 to 337 and 340 to 348 of that Act come into force.
(This note is not part of the Order.)
Pursuant to section 350 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, this Order fixes April 1, 2014, as the day on which sections 316 to 337 and 340 to 348 of that Act come into force.
This Order will bring into force amendments to the Navigable Waters Protection Act (NWPA or the Act) that will reduce red tape, remove the backlog in approvals and allow government to concentrate its resources on Canada’s busiest waterways.
The Navigable Waters Protection Act is one of Canada’s oldest pieces of legislation, dating from a time when our waterways were Canada’s primary transportation routes.
A primary purpose of the Act is the protection of navigation in the context of permitting the construction, placement, etc. of works in, on, over, under, through or across navigable waters in Canada.
The Act operates as a statutory exception to the common law prohibition against interferences with the public right of navigation (the right to free and unobstructed passage over navigable waters).
In summary, the amendments to the Act
- change the name of this law to the Navigation Protection Act to better reflect its intent;
- list those navigable waters for which regulatory approval is required prior to the placement or construction of a work that risks a substantial interference with navigation; and
- offer proponents of works in unlisted navigable waters the opportunity to opt in, rendering these works subject to the Act.
The amendments to the Act seize the opportunity to create a modern, robust, and flexible legislative scheme that can effectively respond to current and future needs of Canadians. Ultimately, these amendments will better facilitate economic growth.
The schedule lists specific navigable waters and is designed to focus federal resources on the regulation of works that impact navigation in Canada’s busiest navigable waters. Nautical charts from the Canadian Hydrographic Service, reliance on departmental historical data and information acquired through Statistics Canada related to freight movement on Canadian waterways were used to compile the list.
The amendments have no impact on the application of other federal legislative requirements. This includes the Canada Shipping Act, 2001, the Fisheries Act, the Species at Risk Act and the Canadian Environmental Assessment Act, 2012.
For years, provincial, territorial and municipal governments expressed a desire for the Government of Canada to overhaul the Act and reduce the red tape to make it easier for communities to build important infrastructure that creates jobs.
Provinces, territories and municipalities have asked that waterways not heavily navigated be excluded from Transport Canada’s oversight. Provinces and territories were consulted on the list of scheduled waters in the summer of 2012.
NWPA Task Force
Place de Ville, Tower B
112 Kent Street