Navigable Waters Protection Act

The changes to the Navigable Waters Protection Act  introduced in the 2009 Budget Bill (Bill C-10) can be found in Part 7 of the Bill, starting on page 291, at:
From a brief review it appears that:
1.       The Act does not follow the Standing Committees advice to define “navigable waters” to exclude “minor waters” – in fact it makes no mention of “minor waters”;
2.       Instead, the Act gives the Minister discretion to determine what work is ‘substantial’ – i.e. it appears that the Minister has complete discretion to exempt work as he/she sees fit on any waterway, large or small;
3.       Provision is made for ‘classes of works or navigable waters’ to be established by the Minister at a future date