You also need to understand that a bill has not been tabled. It's time to rethink the way in which the courts have defined navigability over the years. We are decision makers and law makers. It's normal for us to request that a bill be examined once it has been tabled to get...
Navigable waterways must be protected. That is my objective. We will take into consideration the definition that you have suggested, bearing in mind the season and other factors. A definition will be proposed. The current interpretation of the courts has resulted in a slew of requests which has added considerably to the department's workload. The time has come to consider some possible definitions and subsequently, to hear from the various stakeholders, to find out if they agree with the proposed definition. However, I do not want people leaving here with the impression that we want to privatize some waterways, or merely prevent that from happening. On the contrary, our objective is to protect navigable waterways.
As members of the Standing Committee on Transport, Infrastructure and Communities, we have a responsibility to question the definition of “navigable”. Is that for transportation, tourism or recreational purposes? That is what we intend to do. Based on what has happened, it's conceivable that the courts may have gone too far with their interpretation. It is time to restore some balance and to allow transportation activities. Other laws apply to other activities. Fisheries and Oceans and Environment Canada have applicable legislation. For that reason, we have tried to distance ourselves by maintaining that other laws must be applied.
Now then, it's time to refocus the definition on that which constitutes a navigable waterway. We're asking for your help in examining the impact that the court's interpretation has had, whether rightly or wrongly, over the years. Based on this definition, if one can navigate over a stretch of 100 meters, then the waterway is deemed to be navigable. That was not the aim of the legislation when it was first enacted. As defenders of the transportation sector, we have a responsibility to examine areas that are unclear.