• Protecting Water and Farmland in Simcoe County

Time to move on protection of the Nottawasaga

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In About Us
Feb 20th, 2015
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In October, 2012, the Conservative government brought forward an Omnibus Bill that changed dozens of laws, including the ancient Navigable Waters Protection Act. Under the new Navigation Protection Act, federal protection of citizens’ right to navigate our country’s waterways was withdrawn from all but 100 lakes and 61 rivers that were listed, or “scheduled” in the Act. The Nottawasaga River was one of the thousands left out.

In its answers to FAQs posted on the Transport Canada website, the government was candid, explaining that in what are known as non-scheduled waters the common law will apply.

Canadians’ right to navigation, to use any navigable water as a highway, is protected by common law, but the change in legislation places the onus for policing of violations – for instance large docks, materials dumped into the river, obstructions  – on boaters and other users of the river.

Citing the significance of the Nottawasaga River to our region, and the need for federal protection to ensure continuing economic and recreational benefits, AWARE Simcoe launched a petition in 2013 calling on the government to include the Nottawasaga within the Act. More than 500 people from the watershed and beyond signed, and many posted heartfelt comments. (Here’s a link, if you haven’t signed yet, add your name!)

Later that year and in early 2014, I and Anne Learn Sharpe made a number of presentations on behalf of AWARE Simcoe within the watershed, and we sent out a package of information to those municipalities we weren’t able to present to. We pointed out that in the absence of the opportunity to take a complaint to a federal authority, citizens would expect local government to address matters. As a result, resolutions supporting the initiative were passed by the Nottawasaga Valley Conservation Authority, Simcoe County, Essa, Clearview, Collingwood, Melancthon, Mono, Oro-Medonte, Springwater and Wasaga Beach.

Among local officials asked to investigate and report back before action was taken were Michael Wynia, Clearview Township’s director of community planning and development, and Byron Wesson, the NVCA’s director of land operations and stewardship. Their reports reinforced AWARE Simcoe’s contention that leaving protection of navigable rights on the river to a court-based process would be a mistake.

“The proactive protection of navigability ensures the safety of residents and supports the local hospitality and tourism industries which continue to have significant growth potential and significant local and regional economic benefits,” Wesson wrote. “The absence of a regulatory approach could place watershed residents at risk and result in the NVCA and watershed municipalities in danger of court challenges to any activities undertaken along the Nottawasaga River and its tributaries. In addition, this could also result in increased workloads with respect to those seeking to indirectly affect navigational matters in the absence of a regulatory regime. The addition of the Nottawasaga River to the regulation avoids these potential issues.”

In June, 2014, Transport Minister Lisa Raitt replied in a letter to the NVCA, stating that waters scheduled in the act are ones that support busy commercial or recreational-related navigation, are accessible by ports and marinas, and are often in close proximity to heavily populated areas. Raitt added that since the NPA came into force in April, 2014, Transport Canada would wait at least a year before considering the addition of any waterway to the schedule.

We believe the Nottawasaga River qualifies, and its protection should not fall to some public-spirited citizen willing to go to court to enforce our common-law rights. Our discussion with Transport Canada officials has made clear that the conservation authority is the logical body to move forward with the request that the Nottawasaga River be included in the Navigation Protection Act.

I will be making a deputation on behalf of AWARE Simcoe asking the newly elected NVCA board of directors to do just that, on Friday, February 27, 2015. Their meeting will be held at the John L. Jose Learning Centre in the Tiffin Conservation Area, 8195 8th Line, Utopia. It starts at 9:00 am and is open to the public; deputations are among the first items on the agenda so if you are free that morning, please come out and show your support for the Notty!

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