Order Fixing August 29, 2019 as the Day on which Certain Provisions of that Act Come into Force: SI/2019-87
Canada Gazette, Part II, Volume 153, Number 17
SI/2019-87 August 21, 2019
AN ACT TO ENACT THE IMPACT ASSESSMENT ACT AND THE CANADIAN ENERGY REGULATOR ACT, TO AMEND THE NAVIGATION PROTECTION ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Order Fixing August 29, 2019 as the Day on which Certain Provisions of that Act Come into Force
P.C. 2019-1187 August 7, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 196(4) of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, chapter 28 of the Statutes of Canada, 2019, fixes August 29, 2019 as the day on which section 60 and subsection 61(5) of that Act come into force.
(This note is not part of the Order.)
This Order fixes August 29, 2019 as the day on which section 60 and subsection 61(5) of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (the Act) come into force.
The Order brings into force the provision in the Act that requires the Minister of Transport to establish and maintain a public registry, as well as the provision that grants the Minister the authority to make an Order respecting the registry. The implementation of a public registry is aligned with the Government of Canada’s commitment to open, accessible and transparent processes.
In the 2015 Speech from the Throne, the Government of Canada made a commitment to revise and modernize environmental and regulatory process. As part of this broader commitment, the Government of Canada reviewed the Navigation Protection Act with a view to restoring lost protections and incorporating modern safeguards.
Through consultations conducted as part of this review, Transport Canada (TC) heard from Canadians, including many Indigenous groups, that there was a lack of information available in advance of a proposed work (e.g. construction, alteration) on a navigable water. In response, the Government of Canada included in the Act the establishment and maintenance of a public registry regarding works on navigable waters. This online registry contains information about projects and decisions regarding the administration of the Canadian Navigable Waters Act (formerly the Navigation Protection Act).
The online registry includes information on proposed works on navigable waters, and allows the public to comment on these works and raise their navigation concerns before construction begins. The Act prescribes that the registry is to be made available through the Internet and by any other means the Minister of Transport considers appropriate. The Minister of Transport has the authority to make an Order respecting the registry, specifying records or information to be posted on the Internet site. The registry only contains records that are publicly available or those that could be disclosed in accordance with the Access to Information Act.
As part of the review of the Navigation Protection Act, TC conducted consultations in the summer of 2017 on the proposed changes to the Act.
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