Navigable Waters Approval Fees

Summary#

This is a proposal (published October 28, 2023) to make the Canadian Navigable Waters Act Fees Regulations. If adopted, it would require people and companies that ask Transport Canada to review projects that affect navigation to pay new fixed fees instead of having those costs paid entirely by taxpayers.

What it does#

• Introduces fees for the Navigation Protection Program to review applications for approval of works in navigable waters and for applications to exempt waters from certain prohibitions.
• Sets three fixed fee levels for individual works:
  • $500 (Category 1)
  • $1,400 (Category 2)
  • $4,300 (Category 3)
• Sets a fixed fee of $66,000 for an application to exempt a waterway from prohibited activities.
• Phases fees in over about three years (starting at 55% of the full fee, then 70%, 85%, reaching 100% by April 1, 2027), with annual Consumer Price Index adjustments thereafter.
• Fees are payable after the department confirms an application is complete and will be charged per individual work in multi‑work projects (with a limited exception for exemption applications covering multiple waterways).
• Does not charge fees for minor works covered by the Minor Works Order, emergency works, removal/decommissioning of works, or administrative amendments to existing approvals.
• Applies to all applicants, including governments and Indigenous communities; no general class exemptions are proposed.
• Proposes a tracking tool and service standards to let applicants follow the status of their submissions.

Who's affected#

• Transport Canada clients who need approvals from the Navigation Protection Program. That includes:
  • Private homeowners and cottage owners (small, often Category 1 works).
  • The aquaculture sector (shellfish and other non‑finfish largely placed in Category 2; finfish operations stay in Category 3).
  • Mining, energy and forestry companies (often Category 2 or 3).
  • Marinas, boating associations and commercial port users.
  • Municipal, provincial, territorial and federal government projects.
  • Indigenous peoples and organizations when they apply for approvals.
• The department estimates the fees would shift roughly $11.84 million in costs from taxpayers to applicants over a 10‑year analysis period (2024–2033, present value).
• The impact on small businesses is expected to be limited overall, but Transport Canada estimates an incremental cost of about $0.40 million (present value) to affected small businesses over 10 years (annualized roughly $57,162, or about $1,732 per affected small business).

Why it matters#

• The change moves part of the cost of reviewing projects that affect navigation from general taxpayers to the people and companies that directly benefit. That can reduce pressure on public resources.
• For project proponents, it is a new, predictable up‑front cost. For small operators (for example some aquaculture producers or small municipalities) the fees could be a noticeable expense, though the proposal includes a phase‑in and lower categories for many small works.
• The proposal could affect the timing or planning of projects if applicants don’t account for the new fees, but Transport Canada says most large public infrastructure costs would make these fees small in comparison.
• This is a proposed regulation open for comment for 60 days after publication; it is not law yet and would come into force only if and when the regulations are registered.