New Navigation Protection Act Now in Force

On April 1, 2014, the majority of the amendments to the Navigable Waters Protection Act, which were part of omnibus Bill C-45 in 2012, came into force. Of particular note is that the name of the act is now the Navigation Protection Act (NPA).

According to Janice Walton, Environmental Lawyer with Blake, Cassels & Graydon (Blakes) LLP, "one of the most significant aspects of the newly constituted NPA relates to its prohibitions and associated provisions for approvals of construction of work associated with navigable waters. While the prohibitions and approval requirements still exist, they now only apply to the navigable waters that are listed in the schedule to the NPA, which only lists significant bodies of water. For bodies of water not listed in the schedule, while other provisions of the NPA will still apply, there is no longer a requirement to obtain an approval under the NPA." Proponents of works in unlisted navigable waters will still have the opportunity to opt in, rendering the works subject to the act. Order fixing April 1, 2014, as the day on which sections 316 to 337 and 340 to 348 of the Jobs and Growth Act, 2012 (Bill C-45) come into force was published in the April 9, 2014 edition of Canada Gazette Part II.