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Thames River System Gains Federal Navigation Protection

Full Title: An Act to amend the Canadian Navigable Waters Act (North Thames River, Middle Thames River and Thames River)

Summary#

This bill would add the North Thames River, Middle Thames River, and Thames River in Ontario to the list (the “Schedule”) of protected navigable waters under the Canadian Navigable Waters Act (CNWA). Being on the Schedule triggers stricter federal oversight of projects that may affect navigation, compared to unlisted waters. The change takes effect on Royal Assent (Bill, Part 2—Schedule amendments).

  • Adds three rivers and defines their upstream and downstream points by coordinates (Bill, Part 2—Schedule amendments).
  • More projects on these rivers would need federal approval or formal notice before construction (CNWA, Schedule regime).
  • Public notice and opportunities to comment would be required more often for works affecting these waters (CNWA, public registry and notice provisions).
  • Municipal, provincial, and private projects crossing these rivers may face added steps, timelines, and conditions to protect navigation (CNWA approvals framework).
  • Effective on Royal Assent; no phase-in is stated (Bill, Part 2—Schedule amendments).

What it means for you#

  • Households and recreational boaters

    • You would have more chances to comment on proposed bridges, culverts, dams, and other works on these rivers through the federal public registry (CNWA, public registry and notice provisions).
    • Navigation routes may be kept clearer because more works would be reviewed and conditioned to avoid blocking passage (CNWA approvals framework).
    • If a work interferes with navigation, you would have clearer federal channels to raise concerns (CNWA complaint and enforcement provisions).
  • Landowners and farmers along these rivers

    • New or rebuilt crossings, culverts, water intakes, docks, or bank works may require federal approval or must meet set criteria for “minor works.” Some projects that did not need approval before may now need it (CNWA, Schedule regime).
    • You may need to post notices, wait for comment periods, and follow any conditions to keep navigation safe (CNWA, notice and conditions).
  • Businesses and developers

    • Utility lines, pipelines, road/rail bridges, stormwater outfalls, and shoreline works that interact with these rivers would face stricter federal review than on unlisted waters (CNWA approvals framework).
    • Project timelines may need to account for federal review and potential design changes to protect navigation (CNWA, Schedule regime).
  • Municipalities and local governments

    • Road, bridge, flood control, and drainage projects on or across these rivers would more often require Transport Canada approvals, public notice, and compliance with conditions to maintain navigation (CNWA approvals and notice provisions).
    • Emergency repairs that affect navigation may still need notification and follow-up under federal rules (CNWA obstruction and repair provisions).
  • Indigenous communities

    • There would be formal opportunities to provide input on proposed works through the CNWA process, including via the public registry and consultation where applicable (CNWA participation provisions).
    • Federal decisions must consider navigation impacts; conditions can be imposed to mitigate interference with travel on these waters (CNWA decision framework).
  • When it takes effect

    • The changes apply on Royal Assent; no delayed coming-into-force is stated (Bill, Part 2—Schedule amendments).

Expenses#

Estimated net cost: Data unavailable.

  • Appropriations in the bill: None stated; the bill only amends the Schedule (Bill, Part 2—Schedule amendments).
  • Federal administration: More reviews and compliance monitoring for listed rivers; workload and cost figures are not published. Data unavailable.
  • Fees or revenues: Any application fees or penalties arise from existing CNWA regulations; no new fees in this bill. Data unavailable.
  • Compliance costs for municipalities, businesses, and landowners: Could increase due to applications, design changes, and timelines; no official estimate. Data unavailable.

Proponents' View#

  • Listing these rivers ensures stronger federal oversight of works that may affect navigation, including more routine approvals and public notice, compared with unlisted waters (CNWA, Schedule regime; Bill, Part 2—Schedule amendments).
  • Recreational and tourism use of the Thames River system could be more reliable because projects will be conditioned to avoid blocking passage or creating hazards (CNWA approvals framework). Data unavailable on magnitude.
  • The public registry and notice requirements improve transparency and give residents a clear way to raise navigation concerns (CNWA, public registry and notice provisions).
  • A uniform federal process reduces uncertainty across multiple municipalities along the rivers by setting consistent rules for navigation impacts (CNWA approvals framework).

Opponents' View#

  • Adding these rivers could increase red tape and delay for small, routine works (e.g., farm crossings, culvert repairs, docks) by requiring federal approvals or formal notices that were not needed before (CNWA, Schedule regime).
  • Municipal infrastructure projects may face longer timelines and higher costs to meet federal conditions to protect navigation; no cost estimates are provided (Data unavailable).
  • There may be duplication with Ontario permits and conservation authority approvals, creating overlapping processes for the same project. The bill does not address coordination (Bill, Part 2—Schedule amendments).
  • Implementation risk: Transport Canada’s capacity to process added applications could create backlogs, slowing time-sensitive repairs or upgrades (Data unavailable).

Timeline

Jul 21, 2020 • House

First reading

Infrastructure
Public Lands