Vol. 148, No. 8 — April 9, 2014

Registration

SOR/2014-72 March 28, 2014

NAVIGATION PROTECTION ACT

Regulations Amending the Schedule to the Navigation Protection Act

P.C. 2014-310 March 27, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 29(4) (see footnote a) of the Navigation Protection Act (see footnote b), makes the annexed Regulations Amending the Schedule to the Navigation Protection Act.

REGULATIONS AMENDING THE SCHEDULE TO THE NAVIGATION PROTECTION ACT

AMENDMENTS

1. The portion of item 5 of Part 1 of the schedule to the Navigation Protection Act (see footnote 1) in column 2 is replaced by the following:

Item

Column 2

Approximate Location

5.

49°24′53″ N, 122°33′05″ W

2. The portion of item 24 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

24.

49°01′39″ N, 94°36′44″ W

3. The portion of item 37 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

37.

45°10′30″ N, 79°36′09″ W

4. The portion of item 48 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

48.

44°33′57″ N, 79°02′29″ W

5. The portion of item 59 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

59.

44°28′52″ N, 78°20′49″ W

6. The portion of item 64 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

64.

44°32′54″ N, 78°10′14″ W

7. The portion of item 88 of Part 1 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Location

88.

44°44′22″ N, 76°13′20″ W

8. The portion of item 2 of Part 2 of the schedule to the French version of the Act in column 1 is replaced by the following:

Article

Colonne 1

Nom

2.

Fleuve Mackenzie

9. The portion of item 4 of Part 2 of the schedule to the Act in column 3 is replaced by the following:

Item

Column 3

Approximate Upstream Point

4.

53°01′50″ N, 119°12′17″ W

10. The portion of item 7 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

7.

50°14′06″ N, 121°35′03″ W

11. The portion of item 10 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

10.

49°00′00″ N, 117°37′55″ W

12. The portion of item 12 of Part 2 of the schedule to the Act in column 3 is replaced by the following:

Item

Column 3

Approximate Upstream Point

12.

56°00′48″ N, 122°12′18″ W

13. The portion of items 13 to 15 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

13.

58°40′10″ N, 110°50′15″ W

14.

53°14′07″ N, 105°04′58″ W

15.

53°14′07″ N, 105°04′58″ W

14. The portion of item 27 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

27.

44°07′35.2″ N, 79°30′15.3″ W

15. The portion of item 30 of Part 2 of the schedule to the Act in column 4 is replaced by the following:

Item

Column 4

Description

30.

A canal that connects Lake Erie to Lake Ontario

16. The portion of item 31 of Part 2 of the schedule to the Act in columns 2 and 4 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 4

Description

31.

45°16′04″ N, 79°13′45″ W

From Fairy Lake to Mary Lake

17. The portion of item 32 of Part 2 of the schedule to the Act in columns 1 to 3 is replaced by the following:

Item

Column 1



Name

Column 2


Approximate Downstream Point

Column 3


Approximate Upstream Point

32.

Trent Canal

44°28′17″ N, 79°10′14″ W

44°32′10″ N, 79°04′00″ W

18. The portion of item 37 of Part 2 of the schedule to the Act in columns 3 and 4 is replaced by the following:

Item

Column 3

Approximate Upstream Point

Column 4

Description

37.

44°16′9.06″ N, 78°45′11.07″ W

From Lake Scugog to Sturgeon Lake

19. The portion of item 40 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

40.

44°17′55″ N, 78°18′17″ W

20. The portion of item 41 of Part 2 of the schedule to the Act in columns 2 to 4 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

Column 4


Description

41.

44°09′12″ N, 78°13′51″ W

44°25′58″ N, 78°16′23″ W

From Katchewanooka Lake to Rice Lake

21. The portion of item 42 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

42.

44°03′38″ N, 77°35′02″ W

44°01′56″ N, 77°40′37″ W

22. The portion of item 43 of Part 2 of the schedule to the Act in column 3 is replaced by the following:

Item

Column 3

Approximate Upstream Point

43.

44°15′40″ N, 78°02′51″ W

23. The portion of items 45 and 46 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

45.

44°13′37″ N, 76°28′27″ W

46.

44°19′07″ N, 76°25′36″ W

24. The portion of item 48 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

48.

44°52′25″ N, 76°08′10″ W

44°53′50″ N, 76°15′29.5″ W

25. The portion of item 49 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

49.

45°25′36″ N, 75°41′56″ W

26. The portion of item 50 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

50.

45°26′29″ N, 75°41′49″ W

44°52′16″ N, 76°05′01″ W

27. The portion of items 53 and 54 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

53.

45°19′13″ N, 73°55′00″ W

45°13′41″ N, 74°10′12″ W

54.

45°29′58″ N, 73°33′06″ W

45°25′51″ N, 73°40′10″ W

28. The portion of item 55 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

55.

45°41′56″ N, 73°31′30″ W

29. The portion of items 56 and 57 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

56.

45°42′26″ N, 73°28′25″ W

45°28′24″ N, 73°56′27″ W (south branch) and 45°31′22″ N, 73°53′06″ W (north branch)

57.

46°02′55″ N, 73°07′10″ W

45°00′39″ N, 73°20′38″ W

30. The portion of item 58 of Part 2 of the schedule to the Act in column 2 is replaced by the following:

Item

Column 2

Approximate Downstream Point

58.

46°21′04″ N, 72°31′12″ W

31. The portion of item 59 of Part 2 of the schedule to the Act in columns 2 and 3 is replaced by the following:

Item

Column 2

Approximate Downstream Point

Column 3

Approximate Upstream Point

59.

48°07′28″ N, 69°41′07″ W

48°35′09.3″ N, 71°47′05.7″ W

COMING INTO FORCE

32. These Regulations come into force on the day on which section 331 of the Jobs and Growth Act, 2012, chapter 31 of the Statutes of Canada, 2012, comes into force.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Schedule of listed waters in the Navigation Protection Act (the Act) contains technical errors. The technical errors include inaccurate latitude and longitude boundaries, terrain descriptions, and in some cases, name changes to be consistent with the Atlas of Canada. By amending the list of coordinates in the scheduled waterways, it will eliminate the burden that would otherwise be placed on builders of proposed works who would have to spend considerable time assessing whether or not they are building in a scheduled or unscheduled waterway.

Background

The purpose of the Act is the protection of navigation in the context of permitting the construction, and placement 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).

The Navigation Protection Act creates a modern, robust, and flexible legislative scheme that can effectively respond to current and future needs of Canadians. Ultimately, it will better facilitate economic growth, and more effectively support the efficient movement of marine traffic in the context of infrastructure developments that impact navigation.

Objective

The objective of these Regulations is to correct certain waterway coordinates listed in the Schedule of the Act in order to ensure clarity regarding the construction and placement of works. Amending these coordinates will establish with certainty the beginning and end of a waterway where the construction and placement of a work becomes subject to the Act. These technical errors could create uncertainty and confusion for a proponent of a proposed work if it is unclear as to whether or not he or she is building or placing a work in waters listed in the Schedule to the Act.

Description

These amendments correct the technical errors that inadvertently occurred when the Schedule of listed waters was developed. Therefore, with these amendments, latitude and longitude coordinates are precise, terrain descriptions are more accurate, and name changes better reflect the information found in the Atlas of Canada. It is important to note that no new waterways were added to the list.

Consultation

The waterways listed were chosen after a rigorous process of quantitative and qualitative analysis utilizing data from the Canadian Hydrographic Service, Canada’s nautical charts, Statistics Canada data on freight movement, and historical data from the Navigable Waters Protection Program’s database that tracks all approved works to determine which waterways are most actively used. The results of this analysis produced the list of scheduled waters. Provinces, territories and municipal governments were then consulted on the list in the summer of 2012. Although stakeholders might not be aware of the technical errors in the Schedule, they would be very supportive of this amendment package, since it provides them with clarity in the determination of the exact beginning and ending of a scheduled waterway. The amendments ensure that the waters being covered accurately reflect what was agreed upon during the consultations.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs on small business.

Rationale

These Regulations are to correct technical errors that inadvertently occurred in the Schedule of listed waterways to the Navigation Protection Act, introduced in the fall of 2012 under the Jobs and Growth Act, 2012 (Bill C-45). Amending certain coordinates in the Schedule of listed waters eliminates the burden that would be placed on proponents of works who would otherwise have to spend considerable time assessing whether or not they are building in waters listed in the Schedule.

Implementation, enforcement and service standards

The enforcement of these Regulations will be done through the compliance and enforcement regime set out in the Navigation Protection Act. This regime includes the monitoring of noncompliance by officers of the Program.

Contact

Elisabeth Bertrand
Chief
Regulatory Affairs
Marine Safety and Security
NWPA Task Force
Transport Canada
112 Kent Street, Place de Ville, Tower B
Ottawa, Ontario
K1A 0N5
Email: elisabeth.bertrand@tc.gc.ca