Thank you, Mr. Chair.
Good evening, Mr. Chair and members of the committee. On behalf of the Ontario Federation of Anglers and Hunters, our 100,000 members and supporters, and 655 member clubs across the province of Ontario, I appreciate this opportunity to speak to you this evening on certain aspects of Bill C-10, the budget implementation bill.
Let me be clear that we understand that the recent budget and this bill in particular were born out of the necessity for the government to respond quickly and decisively to the current economic circumstances facing both the Canadian and global economies. In that respect, we commend the government for their actions and, in particular, for their attempt, through the budget, to remove impediments to moving forward with critical programs.
We do, however, have a number of concerns relating specifically to the clauses of Bill C-10 that deal with proposed amendments to the Navigable Waters Protection Act. In our view, some of the proposed amendments have the potential to dramatically alter the ability of Canadians to continue accessing and using thousands of miles of waterways currently protected under the act. These same amendments could impact negatively on fish habitat, fish passage, and recreational sport fishing in Canada, which contributes over $3.5 billion annually to the national economy.
In Canada, the use of rivers and streams for commerce and recreational purposes is a fundamental part of our economic and social fabric. The ability to use our waterways helped to build this nation. While the waterways may not today be the highways or lifelines of commerce they once were, they are nonetheless essential to a host of economic and social activities that are essential to the well-being of Canadian businesses, individuals, and communities.
In the process of trying to bolster some aspects of the economy and put people back to work, it is imperative that the government does not eliminate the critical checks and balances that protect other elements of the economy and the way of life of Canadians. It is essential that in fixing some problems we do not create unforeseen economic, social, and environmental problems that will live with us far beyond the current economic crisis. We believe that some of the proposed changes to the NWPA have this potential.
I won't bother with a great deal of history on the NWPA. Most of you are familiar with that, and we have limited time here.
Navigability in Canada is both a question of law and of fact. To be navigable in law, a watercourse in question must be navigable in fact. Navigability is, in fact, demonstrated if a waterway is used or is capable of being used by the public as a water highway, for lack of a better term. In essence, the test developed in Canada is one of public utility. If a waterway has real or potential practical value to the public as a means of travel or transport from one point of public access to another, it is considered navigable.
Equally, if it serves or is capable of serving a legitimate public interest in that it is or could be regularly and profitably used by the public for some socially beneficial activity--recreational fishing, for example--then it must be regarded as navigable land within the public domain and must continue to be protected as such.
To provide a balanced view of our proposed changes to the NWPA, I would be remiss if I did not point out that we do believe there are several positive proposed changes to the act. These include the proposal to strengthen enforcement and compliance provisions, including fines, appointments, and powers of officers. We also understand and support the government's efforts to remove some of the barriers to economic development by attempting to minimize red tape. In particular, we support the efforts to provide for a single approvals process for related projects.
Third, we support the concept of classifying works and, in the case of minor works, of developing standards of construction, placement, operation, safety, and removal, provided that there is a concerted effort to enforce those provisions. However, we have major concerns about, and must strongly oppose, proposed changes to the NWPA that would provide for the classification and potential declassification of navigable waters. In specific terms, proposed subsection 5.1(1), proposed subsection 12(1), proposed subsection 13(1), and proposed section 14.1 are all of concern, since they provide for the classification of navigable waters. We support the concept of classifying works and types of projects and providing for the development of standards for specific projects and works that are of a minor nature, such as, for instance, floating docks and diving platforms and what not. Both the Ontario Ministry of Natural Resources and the federal Department of Fisheries and Oceans have been working towards a system whereby it is possible to simplify approval for minor works. However, the classification of what constitutes a navigable water is extremely problematic, particularly if it provides the potential to declassify or diminish any existing or potential navigable waters.
Because the proposed amendments are not clear in this regard, the potential to declassify navigable waters exists. This is a major concern to us and to other users of Canada's waterways with regard to public access and the use and protection of the fishery.
Recognizing that we are under time limitations, we have the following two recommendations.
Given that the government will be reviewing both the Environmental Assessment Act and the Fisheries Act, we strongly recommend that the proposed amendments to the NWPA be decoupled from Bill C-10 and that they be considered in concert with a review of these other acts later this year; and that a more fulsome review and public consultation process, particularly regarding the classification of navigable waters, be included in that review.
Failing that, we recommend that amendments to the NWPA be generally approved with the exception that the reference to the concept of classifying navigable waters be completely removed from the proposed amendments. If this alternative is adopted, there should be a further clarification of the wording of the revised act confirming that nothing in the act is intended to reduce or abrogate the responsibility of the minister to ensure that the impacts of development on navigability, public use of waterways, and the environment are fully considered.
In closing, if I may say, Mr. Chair, in this context it is important that the government not only do the right thing but also be seen to be doing the right thing, and in our view, amendments to the NWPA, which may be long overdue, have no place in this bill.
I thank you for your time, sir.