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The Navigable Waterways Protection Act proposed amendments are still bundled within the recent budget. It appears that Parliament and our MPs will be voting to accept this budget act this week and along with it, the proposed changes to t eh NWPA. 

Some of the possible impacts of these proposed changes on First Nations include:

• The ability of people in small villages in remote areas, primarily indigenous peoples, to continue to support their families and communities with essential country food and other resources accessible to them only through navigation of small waterways
• The historic public right to navigate the waterways – a fundamental public right upon which Canada was built
• The ability to protect the natural environment
• Access to waterways for recreation and for commercial tourism

Navigation along small waterways is of the critical importance to people living on or close to the land.  Regardless of what happens in the future with energy supply and costs, or advances in technology, waterways will continue to be viable and often essential means to navigate the land. 

People living and succeeding in remote villages and on the land are vital to a country`s long-term health.  For these villages to succeed, people must be able to navigate small waterways to access resources.  If remote communities wither and everyone there moves to urban settings, we as a society lose our presence and our eyes on the land, and subsequent resource development projects in people-less regions will lack environmental and cultural integrity as a result.

The lack of inclusive public consultation on these proposed amendments to the NWPA is of great concern.  There has been no consultation with Canada`s indigenous peoples, and changes proposed in these amendments will constitute a serious breach of faith with Treaty partners, as well as contravening recent Supreme Court of Canada decisions by potentially limiting people`s ability to exercise their constitutionally-protected legal rights.

The public right of navigation pre-dates Confederation. It is a part of our history and our heritage.  There is nothing to say that we will not require the ability to navigate small waterways in the future.

When we protect public access to waterways in Canada, we are also protecting the natural environment of those waterways. We understand that it is important to initiate infrastructure projects to stimulate the economy. But we should not use that as an opportunity to dismantle safeguards put in place to protect Canada’s environment.

Navigation is entirely in the federal jurisdiction. There are no laws or regulations, other than the NWPA, in place to protect the public right of navigation in Canada. The provinces have no jurisdiction over navigation and no ability to protect navigable waters.

PLEASE withdraw or petition for the withdrawal of the proposed amendments to the Navigable Waters Protection Act from C-10, the Budget Implementation Act.

If there are administrative inefficiencies within the NWPA which require adjustment, then by all means, let's come together as Canadians and fix those inefficiencies. But let us do that through broad public consultation and meaningful consideration of the heritage but still-essential right of public navigation. It is the Canadian thing to do.

- edited from a letter sent by Tom Terry to Members of Parliament

Everyone is encouraged to write to your MP to demand that any amendments to this Act be instituted in an open, fair and consultive manner.

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Press release from the Canadian Rivers Network (www.ispeakforcanadianrivers.ca)

Fate of Canadian Rivers to Be Decided By Parliamentarians

OTTAWA — A last-minute meeting of the Finance and Transport Committees will take place on Monday to reconsider a controversial aspect of the federal Budget Implementation Act that would threaten the protection of Canadian waterways.

“Environmental and outdoor recreation groups oppose the inclusion of amendments to the Navigable Waters Protection Act (NWPA) in the budget bill,” stated Celeste Côté, National Water Campaigner for Sierra Club Canada. “These amendments will impact both recreational access to and environmental protection of Canada’s waterways. This is a serious matter, and should not be considered as part of a politically sensitive budget vote.”

“The right of navigation belongs to all Canadians and the federal government has exclusive constitutional jurisdiction to protect this right. These amendments are not budgetary in nature and should be considered separately with more adequate stakeholder consultation,” explains Will Amos, staff lawyer with Ecojustice Canada. “When I represent paddlers and environmentalists before the Standing Committees, my goal will be to convince Parliamentarians that these amendments are ill-conceived."

The proposed changes jeopardize access to waterways and reduce environmental protection by granting discretion to the Transport Minister to bypass the approval process for potentially harmful projects. The legitimacy of the amendments has also been criticized due to the inadequate consultation of affected stakeholders, such as outdoor recreation, outfitter and ecotourism groups, First Nations, angler and hunter groups, and environmental organizations.

“The NWPA and navigation rights are integral part of Canada’s environmental protection regime. If you take away the protection of navigation rights, you will impact the natural environment on Canadian waterways,” said Mark Mattson, President and Waterkeeper of Lake Ontario Waterkeeper, which will present at Monday’s joint committee meeting. “This is not a wise thing to do, even in tough economic times.”

Mountain Equipment Co-op CEO David Labistour said, “More than one million MEC members canoe and kayak on Canada’s waterways. We believe the proposed amendments to the NWPA will significantly erode outdoor recreation in this country, and the opportunities it provides for adventure and inspiration. We join with others in calling for the removal of the NWPA amendments from the Budget Implementation Act.”

The Canadian Rivers Network is a collaboration of many regional, provincial and national organizations across Canada including Sierra Club Canada, Ecojustice Canada, David Suzuki Foundation, Paddle Canada, members of Waterkeepers Canada, Fondation Rivières, Outdoor Recreation Council of British Columbia, Newfoundland Paddling Association, and the Ontario Recreational Canoe and Kayak Association.

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Celeste Côté, Sierra Club Canada, 613-241-4611 x.233, 613-240-3838 (cell) (bilingual) Will Amos, Ecojustice, 613-562-5800 x.3378, 613-255-7505 (cell) (bilingual)

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Changes to the NWPA: Backgrounder

The NWPA mandates that, if someone wants to build something in, on, around, under, over, or through a navigable waterway, such projects are subject to an assessment of the impacts on navigation (ability to canoe, kayak, go rafting, etc) and an environmental assessment (in accordance with CEAA) before they can be approved.

Thus, the amendments to the NWPA that were recently included in Part 7 of the federal government’s Budget Implementation Act (Bill C-10) will have repercussions for both access to and environmental protection of Canada’s waterways.

These amendments include:

‐ The removal of the four named works (bridges, causeways, dams, and booms) as obstructions to navigation
‐ Granting the Minister the authority to create “classes of works” and “classes of navigable waters” – ie: separating them into “major” and “minor” categories –and exempt them from all or part of the Act as the Minister deems fit
‐ Granting the Minister sole discretion to determine what constitutes a “significant interference with navigation”

Not only have the above amendments been proposed without proper stakeholder input, but this new Ministerial discretion would not be checked or balanced by any public consultation, transparent disclosure or Parliamentary review.

The NWPA was originally enacted in 1882. It is one of Canada’s oldest pieces of legislation, and there is no doubt that some parts of the Act may need to be modernized—however, in the name of “cutting red tape” to speed up the building of infrastructure projects and stimulate the economy, the federal government is introducing harmful amendments that were recommended in a report dated June 2008 by the Standing Committee on Transport, Infrastructure and Communities, which failed to consult Canada’s outdoor recreation, outfitter and ecotourism, First Nations, angler and hunter, and environmental communities, all affected stakeholders.

Navigation is a purely federal responsibility under the Constitution. Even when projects trigger provincial EA processes, these do not specifically require that the public right to navigation be considered. In short, both navigation and environmental rights are being sacrificed for shortterm economic gain. The result will be less federal protection for the rivers, creeks, lakes and seas where Canadians paddle, raft, fish and play.

These effects will be felt by recreational and outdoors communities, from participants to ecotourism businesses. A few examples of potential effects include:

• Sea kayaking: Aquaculture farms may be established without providing a safe and effective navigation channel, which could effectively sever sea kayak routes.
• Fishing: Rivers with the potential of being restored for the purpose of reintegrating fish and aquatic life may not receive protection under the proposed amendments.
• River Paddling: Canoeists and kayakers may face increasing obstacles in their waterways such as culverts and small-scale hydroelectric dams. Seasonal and remote wilderness waterways may no longer be protected.
• Whitewater kayaking: Important sites may be considered to be not navigable and thus not protected due to the high number of “obstacles” along the waterway.

Potential environmental effects of the proposed amendments include:

• Obstruction of migratory fish populations
• Increased water toxicity levels, interfering with ecosystem health
• Increased water temperatures, interfering with the ability of fish to reproduce

The Canadian Rivers Network (CRN) has one key request for the federal government:

Decouple the proposed amendments to the Navigable Waters Protection Act from Bill C-10, the Budget Implementation Act.

These changes to the NWPA are not a budgetary matter, and should be treated as a separate piece of legislation, with a transparent process that allows for adequate stakeholder consultation.

Bill C-10, the BIA, is expected to go to a special joint meeting of the Transportation, Infrastructure and Communities committee and the Finance committee on Monday.

Representatives of the Canadian Rivers Network and other organizations will be making brief presentations to encourage the federal government to treat the amendments to the NWPA as a bill of its own, separate from Bill C-10.

For more information:

Websites: www.ispeakforcanadianrivers.ca, www.waterkeeper.ca, www.ecojustice.ca

Facebook Group:
http://www.facebook.com/topic.php?topic=7203&post=30045&uid=54338330449#/group.php
?gid=54338330449&ref=ts

Facebook Cause: http://apps.facebook.com/causes/214743?m=f6a2e5a8

Twitter: www.twitter.com/SaveNWPA