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More B.C. Waters Get Federal Navigation Protection

Full Title: An Act to amend the Canadian Navigable Waters Act (lakes and rivers in British Columbia)

Summary#

This bill adds specific lakes and rivers in British Columbia to the list of “navigable waters” in the Canadian Navigable Waters Act (CNWA). When a water body is on that list, most projects in, on, over, or under it need federal review and approval to protect navigation (CNWA ss. 5–7). The bill also clarifies lake boundaries to include the mouths of connecting waterways and updates coordinates for an existing Columbia River entry.

  • Adds these lakes: Skaha, Tugulnuit, Vaseux, Osoyoos, Christina, Box, Summit, Slocan (Bill Schedule, Part 1).
  • Adds these rivers/creek: Okanagan River, Granby River, Christina Creek, Kettle River, Pend d’Oreille River, Slocan River (Bill Schedule, Part 2).
  • States that each listed lake’s boundary includes the mouths of all connecting waterways (Bill Schedule, Part 1).
  • Revises the Columbia River entry’s upstream coordinate and description (Bill Schedule, Part 2, item 10).
  • Listing triggers federal approval, public notice, and comment requirements for works that could affect navigation on these waters (CNWA ss. 5–7).

What it means for you#

  • Households and recreational users

    • Navigation (travel by boat or canoe) is formally protected on the listed waters. New works that could block or hinder passage need federal approval first (CNWA s. 5; Bill Schedule).
    • You can view and comment on proposed works during the public notice period for scheduled waters (CNWA s. 7).
  • Waterfront landowners

    • Building or changing docks, wharves, boat houses, culverts, small bridges, or cables on the listed waters may require federal approval before construction (CNWA ss. 5–7; Bill Schedule).
    • You may need to post plans and give notice so the public can comment (CNWA s. 7).
  • Businesses (construction, utilities, resource projects)

    • Projects that cross or touch the listed waters (e.g., pipelines, transmission lines, road bridges, intakes, dredging) face federal review for navigation impacts and may require design changes or mitigation (CNWA ss. 5–7; Bill Schedule).
    • Public notice and comment can add steps to your project plan. Build time for review into schedules (CNWA s. 7).
  • Local and regional governments

    • Public works that affect the listed waters (e.g., water crossings, culverts, flood works) must follow CNWA approval and notice rules (CNWA ss. 5–7; Bill Schedule).
    • Plan coordination across permits. Federal CNWA approvals are separate from provincial and municipal permits.
  • Indigenous governments and communities

    • Listing ensures CNWA processes apply. Federal reviews include public notice and an opportunity to raise navigation concerns. The Minister must consider information received before decisions (CNWA s. 7).
  • Everyone near the listed lakes

    • The bill states the lake boundary includes the mouths of all connecting waterways. This clarifies that works at inlets and outlets fall under the same rules (Bill Schedule, Part 1).

Expenses#

Estimated net cost: Data unavailable.

  • The bill makes no appropriation and sets no fees (Bill text).
  • No federal fiscal note identified. Data unavailable.
  • Administrative impacts (e.g., more CNWA reviews) are not quantified in the bill or public sources. Data unavailable.

Proponents' View#

  • Improves navigation protection by requiring federal approval for works on named waters popular for boating and paddling (CNWA s. 5; Bill Schedule, Parts 1–2).
  • Ensures public notice and comment for proposed works on these waters, increasing transparency and local input (CNWA s. 7; Bill Schedule).
  • Provides regulatory certainty. Developers know in advance that CNWA approvals apply on these specific waters, reducing ambiguity about when federal review is needed (Bill Schedule).
  • Covers critical connections by stating that lake boundaries include the mouths of connecting waterways, reducing loopholes at inlets/outlets (Bill Schedule, Part 1).
  • Aligns oversight along cross‑border and regional rivers (e.g., Okanagan, Kettle, Pend d’Oreille), helping maintain continuous navigation routes (Bill Schedule, Part 2).

Opponents' View#

  • Adds permitting steps that can extend project timelines, since works on listed waters require federal review and public notice before construction (CNWA ss. 5–7; Bill Schedule).
  • Increases compliance burdens for small landowners and municipalities that need to adjust designs or submit notices and plans (CNWA s. 7).
  • May duplicate provincial or local review processes, creating multiple approvals for the same project. The bill does not streamline or coordinate permitting. Data unavailable.
  • Applies a uniform federal standard across diverse water bodies, which some may view as inflexible for minor works with low navigation risk. Data unavailable.
  • No cost or capacity analysis for federal administrators is provided, raising risk of review backlogs if application volumes rise. Data unavailable.

Timeline

Dec 14, 2021 • House

First reading

Infrastructure
Public Lands