Navigable Waters Approval Fees

Summary#

These are proposed rules called the Canadian Navigable Waters Act Fees Regulations from Transport Canada. They would make people who apply for approvals or exemptions under the Canadian Navigable Waters Act pay fixed fees for the Navigation Protection Program’s review work.

What it does#

• Introduces a fee for Transport Canada’s Navigation Protection Program (NPP) to review:
  • applications for approval of works that may interfere with navigation, and
  • applications for exemptions from certain prohibited activities in navigable waters.
• Sets three full-fee levels for review of works: $500, $1,400, and $4,300 per work (different work types are sorted into the three categories).
• Sets a separate fee of $66,000 for an application to exempt a waterway from prohibited activities.
• Bills each work separately when a project includes multiple works. Fees do not apply to minor works, emergency works, removals/decommissioning, or certain administrative amendments.
• Phases in the works fees: payable at 55% initially, then 70% (from April 1, 2025), 85% (from April 1, 2026), and 100% (from April 1, 2027). The exemption fee is payable at full amount when the rules start.
• After the phase‑in, fees are indexed each year to the Consumer Price Index (annual adjustments starting for exemptions on April 1, 2024 and for works on April 1, 2028, as proposed).
• The proposal says these fees would recover part of NPP costs. The estimated total cost to proponents over 2024–2033 is $11.84 million (present value).

Who's affected#

• Anyone who needs an NPP review under the Canadian Navigable Waters Act, including:
  • private homeowners and cottagers (small recreational works),
  • the aquaculture sector (with shellfish and other non‑finfish moved to the lower fee category),
  • mining, energy and forestry companies,
  • marinas and boating operators,
  • municipalities and other levels of government, and
  • Indigenous peoples and Indigenous organizations that apply for approvals.
• Small businesses are singled out in the analysis. The proposal estimates total costs to small businesses at $0.40 million over 10 years, or an annualized $57,162 (about $1,732 per affected small business).
• The NPP has historically processed about 800 to 1,100 approvals per year, so many routine applicants could see a one‑time application charge.

Why it matters#

• The aim is to shift part of the cost of application reviews away from taxpayers and on to those who benefit from the reviews.
• For project proponents, this adds a clear up‑front cost when they need NPP review — from a small one‑time fee for typical recreational works to a large one‑time fee for exemption requests.
• The fees may matter most to small operators and some Indigenous or municipal applicants, which prompted targeted changes in the proposal (for example, lower fees for many shellfish aquaculture works).
• This is a proposed regulation, not final. The Canada Gazette notice invited comments within 60 days after publication on October 28, 2023.