A Bridge Over Deregulated Waters: The New Navigation Protection Act

On April 1, 2014, the Federal Navigation Protection Act, R.S.C. 1985, c. N-22 (the "New Act") came into force, replacing the Navigable Waters Protection Act (the "Old Act") and making notable changes to Canada's regulation of waterways. The legislative objective is to enable municipal authorities to manage local projects, like bridge construction, without the costs and delays often incurred in the course of the Federal approval process. These amendments are likely to have implications across various industries, including construction, oil and gas, transportation, and telecommunication.

Highlights of the amendments include the following:

1. The New Act narrows the scope of regulation by reiterating that the object of the legislation is the prevention of activities that interfere with navigability, not necessarily those that engage broader environmental concerns. This is significant as the Old Act was often used as de facto environmental legislation.