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Navigable Waters Protection Program Minor Works and Waters Regulations

CMAC, Fall 2011

PDF Format

Table of Contents

The Navigable Waters Protection Program Our Mandate…

  • Federal law to assist in protecting the public right of navigation
  • Ensures that works constructed in navigable waterways are reviewed and regulated to minimize the impact to navigation We are..
  • Approximately 70 staff nationally (50% Inspectors)
  • A credentialed Inspector group comprised of marine architects, hydrographers, marine surveyors, engineers, former marine industry representatives etc. We serve…
  • The general public, special interest groups, industry, and all levels of government

Milestones

  • 2005 – Minor Works and Minor Waters Policies implemented
  • 2006 - Policy Review of NWPA commences
  • Feb 2008 – Standing Committee on Transportation, Infrastructure and Communities (SCOTIC) – repeal and replace NWPA?
  • June 2008 – SCOTIC report – ‘low hanging fruit’
  • Nov 2008 – Economic Crisis
  • Jan 2009 – Budget Bill tabled with NWPA amendments
  • Mar 2009 – NWPA Amendments enacted
  • Jun 2009 – Minor Works and Waters Order comes into force
  • Spring 2012 – Minor Works and Waters Regulations to be promulgated

Consultations

  • Commenced September 2009
  • Wide variety of media and venues used, including:
  • Over 400 stakeholders and interest groups contacted with 25% providing formal comments and suggestions
  • Primary Consultations concluded in December 2010
  • Consultations continue - Canada Gazette 1 (Early 2012)

Focus

  • Incorporate minor works and waters defined under the existing MWW Order
  • Define additional minor works and waters, where reasonable
  • Concentrate on works and waters with little, if any, impact to navigation
  • Ensure the ongoing safety of public navigation is not diminished

Erosion Protection Class (Amended)

  • Include embedded outfalls
  • Additional protection for navigation in smaller streams
  • No construction in the middle of the primary channel of the waterway (thalweg)

Docks and Boathouses Class (Amended)

  • Enhanced clarity
  • Larger docks and boathouses allowed closer to channels
  • Prohibit blocking of property – real or personal, moveable or immoveable

Boat Ramps, Slip-ways and Launch Ramps (New)

  • Entirely new class
  • Experience shows minor or no impact to navigation
  • Useful to Commercial, Municipalities, Provincial stakeholders

Aerial Cables – Power and Communication (Amended)

  • Excluded tidal areas
  • Excluded from class near lakes and oceans
  • Enhanced clarity
  • Included temporary works
  • Safety to navigation during installation

Submarine Cables (Amended)

  • Placing cables closer to existing works with owners permission
  • Increased use of class

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Pipelines – Frozen Waters (New)

  • Useful for industry
  • Safe for navigation
  • Allow NEBA regulated pipelines to use class
  • Restoration of stream bed
  • No navigation impacts

Pipelines – Low Water Levels (New)

  • Waters at a temporary low level
  • Similar criteria as Minor Navigable Waters class
  • Useful for industry, safe for navigation
  • Restoration of steam bed

Pipelines – Uncharted Waters (Amended)

  • Only applies to uncharted waters
  • Width of water body limitation for trenched
  • Trenchless methods unlimited in width

Outfalls and Water Intakes (Amended)

  • Added outfalls
  • Limited in size – 10cm (6 inches) diameter
  • Prohibits diffuser-style outfalls

Dredging (Amended)

  • Enhanced clarity
  • Designed for Maintenance dredging
  • Prohibits suction dredging

Mooring Systems (New)

  • New class to address stakeholder interest
  • Balance installations with navigation safety, navigation access and environmental protection
  • Allowance for varying water depths

Temporary Works – Frozen Waters (Amended)

  • All temporary works – ice roads, intake/outfall repairs, pipeline testing, surveys etc.
  • Allows work where icebreaking does not take place
  • Provides for restoration of water body bed
  • Assists industry, municipalities in expediting repairs

Temporary Works – Waters at Low Level (New)

  • Similar criteria to Minor Navigable Waters Class
  • All types of temporary works permissible
  • Two weeks maximum

Minor Navigable Waters (Amended)

  • Expanded Criteria
  • Wider and deeper waters
  • Added requirements for using class (5 criteria from 3)
  • Added navigation passage requirements or portage

Artificial Irrigation and Drainage Ditches (Amended)

  • Expanded Class
  • Capture more ditches
  • Possible additional expansion
  • Exclude waters by schedule.

Private Lakes and Ponds (Amended)

  • Little change to class
  • Considers Aviation safety requirements
  • Based on Legal precedents

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New Proposals

  • Cables and pipelines attached to existing bridges
  • Works within approved exclusion zones – water control structures
  • Additional considerations for ditches and private canals.
  • Bioengineering in erosion control

NWP Program Modernization Project

Two-year plan (2010-12) to full modernize the Program, including:

  • Standardized business processes and practices
  • National Directives and Standard Operating Procedures
  • Published National Service Standards and associated fee schedule
  • Certified Staff Training and Development Program
  • Further development and use of Interactive Management Tools - Navigable Waterways Database System (NWDS) & Geographic Information Systems (GIS)
  • “One File’’ management concept

Service Standard Targets

Service Standard Description Target
Front End From the time an application is submitted until the time it’s as been assigned to an officer or reject the application/client service follow up 10 days
Officer assessment Time between acknowledgement of the application and determination of the recommendation of impact. 30 days
Decision on application when no EA, AbC and Advertizing required Time between recommendation of impact on navigation and final decision 10 days
Total Within 50 days 80% of the time under normal circumstances

Expected Outcomes

  • Predictability of process for clients
  • Clarity and consistency of application
  • More efficient and effective use of resources
  • Improved service delivery and accountability

Questions?

The following document is available for downloading or viewing: 

Navigable Waters Protection Program Minor Works and Waters Regulations (436 KB) PDF 

To access the Portable Document Format (PDF) version you must have a PDF reader installed. If you do not already have such a reader, there are numerous PDF readers available for free download or for purchase on the Internet:

To order this document by e-mail, contact us at:cmac-ccmc@tc.gc.ca

Date Modified: 2012-04-17
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