View topic - Navigation Protection UPDATED Feb 9, 2018

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PostPosted: February 19th, 2018, 11:16 am 
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My major concern since this whole thing started was the very narrow definitions of what is and was navigable.
That seems to have been taken care of with this legislation.
I was not to concerned about the "protection" part because that was always the focus of the bigger enviro groups.
Our paddle access/small waters was either a little piece of their concern or not their top list of things to do.

"Protected" waters is a concern but you need to understand that even under the older (pre-harper) "protected" waters was a sub section of rules that were vulnerable to the whims of who-ever was in power.
Which means a minister could change the rules is so desired, even under the Cons NPA version.
(similar to a Presidential order, and you can see what that has brought in the US. :( )

By moving the protections of all waters to the Environment and Fisheries they are actually toughening up the rules and making it much harder to change things on a whim.

This actually started up under the Harper rules where the Ontario Government and a construction Company on HWY 11 site were fined. It was a small stream that under the NPA rules was non-navigable (but yes it was wide enough to paddle easily) So the cons actually set a precedent . It was probably more of a political move to A - show that the cons were concerned about water habitat and B - to pick on the ONT. Liberals to show they were the bad hombres ( 8) )

So all is not all what it seems and I await to see what comes down in the hearings.
Jeff

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PostPosted: February 20th, 2018, 8:48 am 
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I really don't know how the final wording in the new Act will be Jeff... usually there is an option for the minister to make exceptions to project proponents. Maybe this time there will be an exception to the usual exception.

IIRC, there are only about 100-150 lakes and rivers currently protected in the NPA and the criticism has been the Liberals are in bed with the oil and gas industry in making plans for development so the basic structure of Harper's pNPA will remain in place and with Trudeau's version most rivers and lakes will remain unprotected. I found Elizabeth May's recent comments wrt the NPA remaining gutted as before but the Fisheries Act may provide the real benefits when it comes to wilderness protection. Sure, access will be ensured on the few listed waters but it could be that that's as far as the NPA will go.


...it is increasingly clear that only the Fisheries Act will receive substantial repair. The structure of Harper’s anti-environmental law regime appears to be a hair’s breadth from Liberal endorsement. The strong recommendations from expert panels Liberals convened are about to be rejected. No law list. No restoration of the nation-wide coverage of all navigable waters. No requirement to conduct EA when federal money is involved. Against the advice of both expert panels, the NEB, off-shore boards and the Canadian Nuclear Safety Commission will still be engaged in environmental reviews. Yes, we’ll get back public access, but only to the shadow remnants of a handful of projects that will get any review at all.


https://www.nationalobserver.com/2017/1 ... aw-matters

David Suzuki IIRC comments on the NPA weakness and why environment and navigation need to be considered together

http://www.timescolonist.com/opinion/op ... 1.15363650

Council of Canadians on why most (99%) rivers and lakes won't be protected... again IIRC the liberals have said that some will be added in, but not all.

https://canadians.org/media/trudeau-bre ... nprotected

https://canadians.org/publications/fact ... very-river

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PostPosted: February 21st, 2018, 8:22 am 
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Even under the old rules of the NWPA before Harper's NPA "Protected" waters was not as it is being put forward by the big enviro groups.
It always was at the whim of who-ever was in power to change for specific lakes/areas.
If it had been as they say it was there would be no tar sands and various tailing pond lakes spread around the country.
I personally believe the watersheds would get much better protection under tougher environmental and the Fisheries Act
Having it spread out through 3 different acts like it was under NWPA is just inviting this whole process to happen again.
You have to remember you have about 1/3 of Canadians that lean to the right, the middle 1/3 can be swayed by the your hurting us chants.
But Canadians want to protect the environment.
When the changes were made to the NWPA most Canadians did not understand and were on board for the lessening of red tape regs.

Jeff

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PostPosted: February 23rd, 2018, 11:38 am 
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The new Canada Fisheries Act has it's own website:

https://www.fisheriesact.ca/

There are favorable comments in the lower half of the page by some environmental groups. Besides adopting an ecosystem approach which should help protect larger-scale wilderness, all species of fish will now be protected, not just the commercially significant ones as the previous Harper amendments stated. This means that all waters having the capacity to produce and sustain fish now qualify as protected fish habitat in the new FA, extending the extent and scope of protection much further. An example could be the illegal dams being built on streams and rivers by the oil and gas industry which were allowed to be developed without inspection or regulation previously.

There should be tighter oversight after passage, but will enforcement actually proceed... covered in one of the more critical comments being made by the Suzuki Foundation above.

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PostPosted: February 23rd, 2018, 2:21 pm 
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Thanks for posting the link!
I really think keeping the protection all water ways to the Fisheries act and the Environment Protection act is the way to go.
The public understands that much better when it comes when changes are put forward.
From 2008 to 2012 when they gutted the NWPA it was such a clouded process and they were able to do it because of that.
By keeping Navigation access to the new act separate is a major bonus.
Yes there will still be confrontations and legal challenges but, for the better.
Yes the NWPA needed changed and the cons NPA was :( for us.
I think the way the new act is written will benefit all paddle craft.
And having stronger legislation on the Fisheries side and Environmental side that we can cross reference to is a much better situation than having everything shoved under one act.
Jeff

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Choosing to save a river is more often an act of passion than of careful calculation. You make the choice because the river has touched your life in an intimate and irreversible way, because you are unwilling to accept its loss. — (David Bolling, Ho


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PostPosted: February 25th, 2018, 11:30 am 
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YW Jeff... it'll be interesting to see if administration of the FA esp for the more minor projects is downloaded to the provinces or will they refuse to adopt the new amendments. Back during the early 90s the FA in it's original form was being administered by Ontario and seen as a powerful tool by the Rae administration to guard against harmful alterations to habitat. But it wasn't easy to interpret, somewhat fuzzy and even senior DFO bureaucrats were saying off the record that it wasn't a good law, when it came down to application the ground.

Later Mike Harris government policy was not to administer the FA in Ontario, maybe because of all the complaints from developers, excessively long red tape and not easy to anticipate on the proponent's side how interpretation would go from one office and bureaucrat to another. The Trudeau government has made promises on streamlining, efficiencies and less red tape so we'll have to see how this version unfolds.

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PostPosted: February 26th, 2018, 1:27 am 
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Hey FT, it's been a while. Glad to see you're not, like, dead or whatever.
Cheers!


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PostPosted: February 27th, 2018, 7:46 am 
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Glad to see you here Krusty... any news of my death has been greatly exaggerated by the fake news media. Yeah, that's it, I was faking it, not dead, only sleeping. Still waiting for Idylwyld's beer on that bet on that Keystone pipeline... that's the main reason I'm here. To collect on that beer that's owed me. Although I think by the time I finally get it, I shall become a grave man... (Shakespeare). Cheers!

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