Mr. Speaker, I would first and foremost like to thank the Standing Committee on Environment and Sustainable Development for its careful study of Bill C-69. I would also like to thank the witnesses and those who have made written submissions for having taken the time to make their views heard. This work has strengthened the bill and has been an important step in getting us to where we are today.
I would like to speak particularly about part 3 of Bill C-69, which would create a new Canadian navigable waters act.
Our country is bordered by three oceans, giving us the world’s longest coastline, and we are internally connected by thousands of rivers and countless lakes and canals.
Canadians rely on our navigable waters. They are vital to our economy and to our way of life. We have a profound relationship with our waters. That relationship is part of what it means to be Canadian.
We need to protect navigation on these waters for our use and enjoyment today, and for the benefit of generations to come.
When the previous government introduced the Navigation Protection Act, many Canadians were concerned that most of Canada's navigable waters were left unprotected. In response to these concerns, the minister was asked to review the changes made by the previous government to restore lost protections and incorporate modern safeguards.
In June 2016, the review of the Navigation Protection Act was launched. As a first step in this process, the Standing Committee on Transport, Infrastructure and Communities examined the act. The committee reported its findings and recommendations in March 2017.
I would like to take this opportunity to also thank this standing committee, the witnesses and those who made written submissions for their early input. This input provided the foundation for the new Canadian navigable waters act that was eventually tabled as part of Bill C-69.
During its first year of review, the work of the Standing Committee on Transport, Infrastructure and Communities was complemented by consultations with recreational boaters, as well as other levels of government, indigenous groups, industry, and environmental organizations. What did they tell us? Many of them told us they wanted all navigable waters protected, and that is what we are doing.
Under the existing legislation, the minister has the power to review new projects and deal with obstruction to navigation only if they are on the navigable waters listed in the schedule. However, we believe that all navigable waters should be protected. We promised to restore lost protections, and we are delivering on that promise.
What would this legislation do? The act would include, for the first time, a comprehensive definition of navigable waters. It would provide oversight for all works on those navigable waters in Canada, whether those works are minor, requiring approval, or are subject to the new resolution process.
It would give communities and recreational waterway users more chances to have their say on infrastructure and resource projects that could affect their right to navigation. It would deliver a new level of transparency by creating a new online registry that would make information about projects easily accessible. It would extend the powers to address obstructions to all navigable waters in Canada, not just those waters listed on a schedule.
Finally, the act would advance reconciliation with indigenous peoples, consider their rights and knowledge, and give them the opportunity to partner with the government to manage the navigable waters that would be important to them.
Let me discuss some of these improvements in more detail. As I said, this legislation would include a comprehensive definition of “navigable water”.
The new definition includes bodies of water with public access or multiple shoreline owners that are used for transport or travel for commercial or recreational purposes or by indigenous groups to exercise their constitutionally protected rights.
This new definition strikes the right balance: it is not so broad as to capture any ditch or irrigation canal that could float a canoe, nor is it so narrow as to exclude bodies of water that are important to Canadians.
All works in navigable waters in Canada will be under the oversight of the new act, regardless of whether the navigable water is listed on a schedule or not. Someone building a minor work, such as a cottage dock or a boat ramp, in a navigable water could proceed, provided they build and maintain the work in accordance with the requirements set out in the minor works order.
There will also be some works that will always require approval because of their potential impact on navigation. These are major works on any navigable waters in Canada as well as works on scheduled waters.
I strongly believe users of navigable waters and local communities have a right to express their views about projects that may impact navigation. The proposed act meets a new standard of transparency by requiring owners to notify the public of their project and to seek feedback before beginning construction on any navigable water. In some circumstances, owners could be required to post notice of their project in community centres, marinas, local newspapers, or other appropriate places.
Further, the new Canadian navigable waters act will require the creation of a new online public registry that will make project information more accessible than ever before. For millennia, the indigenous people of Canada have used navigable waters to fish, hunt, trade, and travel, and they continue to do so today. Indigenous peoples played an active role of the review of the Navigation Protection Act.
Transport Canada participated in more than 90 meetings with indigenous groups and received close to 150 submissions. What did we hear from indigenous peoples? We heard that they wanted a say in what happened within their traditional territories.
This past February, the Prime Minister announced his commitment to reconciliation through the recognition and implementation of rights framework. The Government of Canada recognizes that reconciliation is a long-term undertaking. Rebuilding relationships will require sustained government-wide action.
A strengthened crown-indigenous relationship is at the heart of the proposed approach. This new relationship with indigenous peoples is based on respect, cooperation, and partnership.
The act would also provide new opportunities for indigenous peoples to partner with the Government of Canada to protect navigation in their traditional territories. Indigenous peoples have helped to shape the proposed legislation, and I am very proud of the work we have done together.
Whether they are tourists on a river cruise, or cottagers taking the boat out to do some fishing, or kayakers exploring secluded bays, Canadians get a lot of pleasure out of our waterways. However, under the existing legislation, these navigable waters may not be protected for recreational purposes.
Under the new Canadian navigable waters act, a more inclusive schedule will provide a greater level of oversight for navigable waters that are important to Canadians and that are vulnerable to development. The new act proposes a process for adding navigable waters to the schedule that will take into consideration recreational uses, not just commercial ones.
The proposed changes to the navigation legislation will offer better navigation protections for recreational boaters on every navigable water in Canada.
Bill C-69 would not only restore navigation protection for every navigable water in Canada, but it would also position the new Canadian navigable waters act to play an important role in the proposed new impact assessment system.
Bill C-69 would establish the impact assessment agency of Canada to lead all federal reviews of designated projects. The impact assessment agency would work with other bodies, such as the new Canadian energy regulator, the Canadian Nuclear Safety Commission, and off shore boards, and in co-operation with the provinces and territories, and indigenous jurisdictions.
The impact assessment agency of Canada would identify the types of projects and areas of federal jurisdiction that could pose major risks to the environment, and would therefore require a review.
A whole range of potential impacts would be considered, not just the project's impact on the environment, but also the impact on communities, health, indigenous peoples, jobs, and the economy in general.
We are finding better ways to measure the potential impact of designated projects to make sure only good ones go forward.
The new Canadian navigable waters act will be transformational. It will restore protection for navigation on all navigable waters in Canada, and it will create a new standard of transparency. It will restore public confidence and it will provide new opportunities for indigenous peoples to partner with the Government of Canada to protect navigation in their traditional territories.
As I wrap up, I move:
That this question be now put.
