Regulatory Corner - November 2024

Canada – Consultation of Proposed Navigable Waters Act Monetary Penalties

On August 22, 2024, Transport Canada announced consultation on proposed administrative monetary penalties under the Canadian Navigable Waters Act. Consultation will run until October 31, 2024.

The proposed administrative monetary penalties are meant to encourage compliance.

Specific Canadian Navigable Waters Act provisions would be identified as violations. Each violation would be listed as "minor,” "serious,” or "very serious,” based on its impact on navigation.

• Minor – Would include violations related to administrative provisions or that would likely have a
  slight impact on travel and transport. For example, a violation related to a work’s ownership transfer notice or related to a minor work.
• Serious – Would include violations that would likely limit or encumber travel and transport. For example, a violation related to a potential obstruction.
• Very serious – Would include violations that would likely extinguish travel and transport. For example, a prohibited activity such as dewatering a navigable water.

The proposed regulations would also define aggravating factors that could increase a penalty, and mitigating factors that could reduce a penalty.

Further information is available at Let’s talk Administrative Monetary Penalty Regulations under the Canadian Navigable Waters Act | Let's Talk Transportation- Canada.ca (letstalktransportation.ca)

Canada – New Navigable Waters Act Fees

Transport Canada has provided notice that it is considering a new range of fees for a variety of permitting and review functions undertaken under the Canadian Navigable Waters Act. Early indications are that these new fees will apply to authorizations for dams.

Further information on the proposal is available at Fact sheet about the proposed fees under the Canadian Navigable Waters Act? (canada.ca)