Navigable Waters Application Fees

Summary#

• Transport Canada has brought into force the Canadian Navigable Waters Act Fees Regulations (under the Canadian Navigable Waters Act) on publication in the Canada Gazette, Part II — July 3, 2024.
• The rules make people or companies pay fees when they ask the department to review applications to build, change, or get an exemption for works that could affect navigation on Canada’s waters.

What it does#

• Creates fixed fees for reviewing applications to approve works that may interfere with navigation. The three main fee levels (full amounts) are:
  • Category 1 — $500
  • Category 2 — $1,400
  • Category 3 — $4,300
• Sets a fee for applications to exempt a waterway from certain prohibitions (for example, depositing materials or major dewatering): $66,000.
• Phases the work-approval fees in over a few years:
  • Until March 31, 2025 — 55% of the full fee (Category 1 = $275, Category 2 = $770, Category 3 = $2,365)
  • April 1, 2025 to March 31, 2026 — 70% (Category 1 = $350, Category 2 = $980, Category 3 = $3,010)
  • April 1, 2026 to March 31, 2027 — 85% (Category 1 = $425, Category 2 = $1,190, Category 3 = $3,655)
  • From April 1, 2027 onward — 100% of the fee (Category 1 = $500, Category 2 = $1,400, Category 3 = $4,300) with annual Consumer Price Index adjustments beginning April 1, 2028. The exemption fee is payable in full on coming into force and indexed from April 1, 2025.
• Provides a detailed Schedule listing many types of works (docks, bridges, aquaculture facilities, pipelines, etc.) and assigns each type to Category 1, 2, or 3.
• Requires payment after the department confirms an application is complete; the review will not start until payment is received.
• Exempts minor works listed under the existing Minor Works Order and does not charge fees for removal or decommissioning of works.

Who's affected#

• Anyone who needs Transport Canada’s Navigation Protection Program (NPP) to review an application for a work or an exemption. That includes:
  • Private landowners and homeowners (e.g., boathouses, recreational ramps).
  • Industries such as aquaculture, mining, energy, forestry, and dredging companies.
  • Marinas and commercial harbour operators.
  • Municipal, provincial, and federal governments and public infrastructure proponents (e.g., bridges, causeways).
  • Indigenous peoples, communities, and organizations when they apply for approvals or exemptions.
• Volume and distribution: the department estimates about 788 applications reviewed per year (roughly 84 in Category 1, 433 in Category 2, 268 in Category 3) and about 3 exemption reviews per year.
• Small businesses: Transport Canada estimates small businesses would bear about $0.46 million of the total cost over 2024–2034 (annualized about $61,636, or $1,868 per affected small business).

Why it matters#

• It shifts part of the cost of reviewing projects that may affect navigation from all taxpayers to the people and companies that benefit from the projects. The department estimates those fees will recover about $13.64 million of review costs over 2024–2034.
• For project planners and businesses, this increases up-front costs and becomes a factor in project budgeting. Large or complex works (Category 3) and exemption requests are the most expensive.
• The phase-in schedule and separate lower category for many small, residential, and shellfish aquaculture works are intended to ease the transition for small operators.
• If you plan to build on or near navigable waters, check whether your work is on the Schedule, expect to pay the listed fee once your application is accepted as complete, and note that Transport Canada will not start the review until the fee is paid.