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Transport committee  As part of the broad review of regulatory processes, there is the public portal. There was a survey of Canadians done not simply on the Navigation Protection Act but on all four pieces of legislation that are subject to a review, and the public was encouraged to provide views thr

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Madam Chair, I would agree with that. There were very significant transformations made in 2012. The question is, did we get those right? Did we get the schedule of waters right? Did we get the protections right? Those are the questions that would normally be posed with such a sig

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  With a broad consultation process, yes.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Madam Chair, if I'm understanding the question, it's a request for information about the condition of navigability in Canada—

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  —and where changes are happening. We could see what information we might have on that.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Yes, the current sections in the act don't provide a framework under which the public and indigenous people and others would have certainty of which waters could be, in fact, included. There's a great deal of discretion in that authority.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  In 2009 the amendments were primarily around the works that were coming forward and how they should be treated, looking very much to streamline the process. Many of the concerns came from the provinces and territories, which were maintaining and building infrastructure and experi

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Madam Chair, we could look at whether we have something we could bring forward to show specifically where challenges have occurred in the act in terms of defining which waterways are in or out. I would also perhaps highlight that some of the difficulties we've heard about and w

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  I believe on that list of what worked well would be streamlining the process and focusing resources on busy waterways that have significance. There were more authorities for the minister to respond to emergencies. There was more authority for enforcement and compliance. There wer

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  This is not an area that we have been monitoring. We have not been monitoring unscheduled waters, and so we don't have the information on the number of Canadians who have used the courts as a remedy. We don't have that information.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  No, we have not used the administrative monetary penalty. We have used other enforcement tools within the act, but that particular tool has not been used to my knowledge.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Madam Chair, I would perhaps reiterate what the minister said earlier, which is that the questions around which projects should trigger an environmental assessment and for which that is unnecessary are the subject of the expert panel on the environmental assessment review. The cu

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  I believe the minister, in his letter to the committee, outlined the importance of collaboration and coordination between those reviews for very much that purpose. There are cross effects and cross issues among all four of the reviews: the pipelines with the NEB, the fisheries re

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  My answer would be that it is something that perhaps that the committee could advise on as to whether that's a fruitful area to develop that information and statistics to inform the criteria.

October 4th, 2016Committee meeting

Catherine Higgens

Transport committee  Perhaps we could get back to the committee with that information with regard to exactly where the boundaries of the authorities lie, and what is possible and not, so that we provide precise enough information.

October 4th, 2016Committee meeting

Catherine Higgens