Why is It important to get the Nottawasaga River listed under new navigation act?

The following is the text of a presentation being made to local councils by AWARE Simcoe board members Kate Harries and Anne Learn Sharpe. The next presentation will be to Collingwood Council on February 10 at 5 pm.

Musical adaptation of slide show

Navigable Waters Protection Act

In 2012, the federal government moved to replace the Navigable Waters Protection Act. Enacted in 1883, this act that applied to every waterway in Canada recognized the vital importance of rivers and lakes for Canadians.

Navigation Protection Act

The new act is called the Navigation Protection Act. It is basically a series of amendments to the old act. One change is that environmental issues have been removed – the view being that those are addressed by other federal statutes, as well as provincial and municipal laws and regulations. Another key change is the addition of a schedule. instead of the around 40,000 lakes and 2.5 million rivers that were protected under the old act, 100 lakes and 61 rivers are listed. The Nottawasaga is not on that list.

Transport Canada’s FAQs

As you can see from this explanation, taken from the Transport Canada website, the government has decided that in what are known as non-scheduled waters the common law will apply. The onus for policing for violations – for instance large docks, materials dumped into the river, obstructions  – is to be downloaded to boaters and other users of the river.

First Nationa

The emphasis in the new Act has shifted from Navigable Waters to Navigation. The history of navigation on the Nottawasaga River predates the creation of Canada and connects the river to events that shaped the identity of our country.

It all started with the canoe.  The first people who settled near the Nottawasaga came for food and water, but soon the river became a route for travel and trade. The birchbark canoe was perfectly designed for river travel.

Champlain’s Dream

It remained the transportation of choice when Europeans arrived and the fur trade intensified.

Nottawasaga Route

The Nottawasaga Route connected Lake Ontario to Georgian Bay, by way of the Humber and Holland Rivers, Lake Simcoe, the Nine Mile Portage, Willow Creek and the Nottawasaga River.

Yonge St

In the late 1700s, Sir John Graves Simcoe ordered the building of Yonge Street to make the route more efficient. Today, if you find yourself on Yonge Street, you’re travelling the historic Nottawasaga Route.

Glengarry Landing

During the War of 1812, the bateau was the vessel of choice to move supplies along the Nottawasaga River. At Glengarry Landing 29 bateaux were constructed to deliver supplies the British needed to hold Fort Michilimackinac and keep the Americans from the Upper Great Lakes.

The Nancy

Schooners often completed the final stage of the supply run on the Great Lakes. The famous schooner Nancy met her end on the Nottawasaga River. You can see her remains and hear her story at Nancy Island Historic Site in Wasaga Beach.

Tourism and Recreation

The river’s great history is part of what makes it an economic driver for the whole watershed. Local commercial enterprises such as outdoor adventure tours and outfitters, sporting goods stores and various kinds of boat manufacturers depend on the navigability of the river, the health of the fishery and the attraction of the wetlands to build their businesses.

AWARE Simcoe’s petition

Our petition is about an issue that’s hard to explain – how the Navigable Waters Protection Act differs from the Navigation Protection Act, and why people should care. But 350 people do care, they have signed the petition and the comments they posted at change.org show that they really do get it.

Among them are Graeme Gibson, of Toronto, who finds it perverse not to include the Nottawasaga and other rivers like it in the legislation, and Quinn O’Brien of Aylmer who feels protection under the Act will ensure efficient use of the river’s resources.

Minesing Wetlands

The Nottawasaga River flows through one of the largest undisturbed wetland tracts in Canada. The Minesing Wetlands, designated as having international importance by the RAMSAR Convention on Wetlands, is defined by its diversity of habitats and species.

And, as Edna Caldwell points out on the petition, the wetlands play a major role in regulating water levels in the watershed.

Endangered Species

The popularity of outdoor activities like birding, hiking and wildlife observation are on the rise. The chance of seeing the endangered Spotted Turtle and Hine’s Emerald Dragonfly are among the reasons nature lovers will travel a long way to visit the Nottawasaga. The Minesing Wetlands is the only place in Canada where the Hine’s Emerald is know to occur and this globally rare species has only been found at a handful of other sites in the northern United Stars.

Fishing

The Nottawasaga is also a mecca for anglers – a very important cold-water fishery and a key spawning river for Lake Huron sturgeon – which is why so many people are concerned that the water continue to be cool and deep and free-flowing..

People from across the province have a deep affection for this river. This comment from Barbara Lowery in London was posted on our petition calling on Prime Minister Stephen Harper and Transport Minister Lisa Raitt to extend protection to this river

I learned to fish on the Nottawasaga, some 60 years ago, and I learned then to catch and release… We cannot afford to lose these waters and this habitat; they cannot be left to chance.

Who Lives in the River

These amazing fish are among the reasons people care, whether they are anglers or not. Some fish, like the Rainbow trout, spend their lives in the river, or, while others, like Steelhead and Chinook salmon, stay only for their early years and return from the lake to spawn. The life cycles of all depend on being able to move without obstruction along the river.

Essa Salmon Festival and Riverbank Derby

The Essa Salmon Festival and Riverbank Derby—now in its 11^th year– attracts  anglers from far and wide to try their luck, or skill, with a fishing rod. Events like these depend on the health of the river for their success.

Nicolston Dam

From Nicolston Dam to Wasaga Beach, the Nottawasaga and its tributaries connects the communities it flows through with a shared history and identity. And it connects us in a more tangible way—whatever happens to the river, whatever we put into it or take out of it or build on it in one place, affects the entire watershed.

River Restoration, A community project

Recognizing this connection, many municipalities, community groups and private land owners have partnered with the NVCA to help achieve its mandate to Protect, Enhance and Restore. Here you can see volunteers working on restoration of the Black Ash Creek.

The List

You will recall that out of Canada’s hundreds of thousands of rivers, only 61 are listed. This is the list – in Ontario it includes the French, the Severn, the Humber and the Grand. Our ambition is to see the Nottawasaga on that list.

From Transport Canada’s FAQs

This river is a busy river, and many businesses depend on residents and tourists being able to enjoy unobstructed access. The government suggests that where there is a problem – it will be up to citizens to take on the responsibility of dealing with violations. We think residents of the Nottawasaga watershed would prefer not to have to take matters into their own hands. If the Nottawasaga becomes listed as we request, this allows river users to turn to the federal government to address violations – rather than going to other levels of government, including the conservation authority, or the courts.

It just makes sense

Gary Christie of the Nottawasaga Steelheaders is one of the river’s many staunch defenders. As he points out in this comment posted on our petition at change.org,  “Our Nottawasaga River watershed is being placed in a category which will allow it to go unprotected in the face of rapid growth and development.” It just makes sense for our residents to have access to a tool that allows problems to be addressed in an orderly manner, and for the Nottawasaga River to enjoy the same level of protection as the Severn, the Grand and the Humber.

What we’re asking

The new law does not come into force until this spring, probably in April, and a process is being worked on to allow waterways to be added to the schedule. We have talked to officials at Transport Canada and it appears that many details are still being worked out. Our plan is to spread awareness of this issue and take our petition to Ottawa early this year. The resolution on the screen is one that was written and passed by Essa Township Council. We are hoping for your support.

Essa resolution, passed Dec. 12 2013

WHEREAS the Federal Government is replacing the Navigable Waters Protection Act with the Navigation Protection Act which applies only to the 100 lakes and 61 rivers listed under the legislation;

AND WHEREAS the Nottawasaga River, a key Southern Ontario waterway running through Dufferin, Grey and Simcoe Counties into Georgian Bay is not on that list;

AND WHEREAS the Nottawasaga River is an important destination for anglers, outdoor adventure tours and the hospitality industry who all depend on the navigability of this river and the health of the fishery;

NOW THEREFORE BE IT RESOLVED that the Township of Essa requests that the Federal Government list the Nottawasaga River as a navigable river and that it be protected under the Navigation Protection Act.