In general our concerns relate to the arbitrary and off hand treatment of socalled minor waters. We are very much offended by the means by which the Navigable Waters Protection Act has been amended: buried in the Omnibus budget bill as it was.
Recreational boaters naturally see minor waters, those with steeper gradients, greater sinousity, and with more frequent obstacles or variations in depth less that the limits are still considered "fun".
Parenthetically, minor waters also happen to be habitat for wildlife and often are the "sources"/headwaters of more navigable waterways.
We do not want these resources taken away, dammed, removed from public access, polluted, harmed or disfigured based on some arbitrary action by a Government of Canada transport official without public input. We know from experience this will not guarantee a public right but it does slow things down and put an element of uncertainty into the developers cost/benefit equations.
I am speaking from the standpoint of Les Amis de la Riviere Kipawa Judicial Review of the Laniel Dam refurbishment.
In that case, enthusiasts were legally navigating an illegal dam and illegal boom for over 40 years only to see that right of naviagation arbitrarily squashed by government authorities, includingTransport Canada authorities, that claimed that they acted illegally, or unsafely or insignificantly.
Worse, Les Amis, as a not for profit organization from Quebec, which dared to stand up for its rights is now asked to pay $5,000 in court costs.
How can any natural resource stand up to exploitation with the odds so heavily stacked against them? How can the public, that depends on due process, fairness and common sense act to protect their heritage?
Read About: Money and The Kipawa River, Whitewater Ontario,Les amis de la rivière Kipawa,The Proposed Tabaret River diversion project, Northern Ontario Liquid Adventurers,Canadian Rivers Network The viewpoints and opinions expressed here are those of the author and are not necessarily those of Whitewater Ontario or Les Amis de la Riviere Kipawa. Those groups did not vet these comments and would not likely endorse the views expressed here or the manner in which they have been expressed.
Wednesday, November 11, 2009
Tuesday, November 10, 2009
Access to Elora Gorge Threatened by Private Project
http://www.guelphkayakclub.ca/index.php?option=com_jfusion&Itemid=59
Members of the local paddling club are moblizing to take action to preserve the access trail.
Members of the local paddling club are moblizing to take action to preserve the access trail.
Can we specify a new Class: a paddling environmentalist's class of rivers?
Rivers are clearly endangered:... but Kenneth Hahn said:
The idea of designating certain waterways is an idea that I believe merits serious consideration. A couple of points worth considering:
1. It would be cumbersome to explicitly designate specific waterways in the regulations because new waterways could only be included if the regulations were re-approved, which is an onerous project.
2. It would be better to identify classes of designated waterways. For example, if Environment Canada had a designation of 'extremely ecologically sensitive' one could make a statement in the NWPA proposed regulations that "all waterways designated as extremely ecologically sensitive by Environment Canada" cannot be considered a minor navigable water.
3. This is an extremely preliminary discussion because I don't know if this type of categorization is possible, or even if the NWPA is the appropriate place for it. Perhaps Environment Canada should designate waterways and the possible consequences.
I think it is worth pursuing - even though nothing may come of it.
I am certain that interested parties and stakeholders have other such intriguing ideas that could be very important in shaping the regulations.
Regarding your questions concerning the degree of malleability, in my discussions with management, all the criteria for the existing minor works and waters are on the table, as is the list of minor works and waters. It can be extended (for example, in BC, proponents want mooring buoys considered as a minor work) or reduced.
... he's drafting the regulations: this is our chance to save your river, section of river and so forth
I'm trying to get a meeting with Mr. Hahn organized with the Canadian Environmental Network's Water Caucus of which I am a member.
I cannot emphasize this anymore strongly: if you think that pipeline crossings, dredging are threats to sections of navigable waters, forget minor waters.
The act is passed, we now need to impact the regulations not sleep walk through this.
Minor waters, you know, 200 meters long? Average width less than 1.2 meters, average depth less than so and so, complete with obstructions....too much sinousity,
BADDDDDDDDDDDDDDDDDD Stuff where paddlers are concerned .
For example, if Environment Canada had a designation of 'extremely ecologically sensitive' (significant socio economic impact?) one could make a statement in the NWPA proposed regulations that "all waterways designated as extremely ecologically sensitive by Environment Canada" cannot be considered a minor navigable water.
Interested parties and stakeholders must have other such intriguing ideas that could be very important in shaping the regulations.
My suggestions: get your club or group to name recreationally valuable stretches of water as exclusions in the regulations.
This is the fellow you must contact:
Ken Hahn
Project Manager - Regulatory Development / Gestionnaire de projet - Développement Réglementaire
Navigable Waters Protection Program / Programme de protection de eaux navigables
Marine Safety, Tower C, Place de Ville / Sécurité maritime, Tour C, Place de Ville
330 Sparks Street, 10th Floor, AMSEG / 330, rue Sparks, 10ième étage, AMSEG
Ottawa, Ontario, K1A 0N8
Telephone/Téléphone: 613-998-6442
Fax/Télécopieur: 613-998-0637
E-Mail/Courriel: Kenneth.Hahn@tc.gc.ca
_________________
The idea of designating certain waterways is an idea that I believe merits serious consideration. A couple of points worth considering:
1. It would be cumbersome to explicitly designate specific waterways in the regulations because new waterways could only be included if the regulations were re-approved, which is an onerous project.
2. It would be better to identify classes of designated waterways. For example, if Environment Canada had a designation of 'extremely ecologically sensitive' one could make a statement in the NWPA proposed regulations that "all waterways designated as extremely ecologically sensitive by Environment Canada" cannot be considered a minor navigable water.
3. This is an extremely preliminary discussion because I don't know if this type of categorization is possible, or even if the NWPA is the appropriate place for it. Perhaps Environment Canada should designate waterways and the possible consequences.
I think it is worth pursuing - even though nothing may come of it.
I am certain that interested parties and stakeholders have other such intriguing ideas that could be very important in shaping the regulations.
Regarding your questions concerning the degree of malleability, in my discussions with management, all the criteria for the existing minor works and waters are on the table, as is the list of minor works and waters. It can be extended (for example, in BC, proponents want mooring buoys considered as a minor work) or reduced.
... he's drafting the regulations: this is our chance to save your river, section of river and so forth
I'm trying to get a meeting with Mr. Hahn organized with the Canadian Environmental Network's Water Caucus of which I am a member.
I cannot emphasize this anymore strongly: if you think that pipeline crossings, dredging are threats to sections of navigable waters, forget minor waters.
The act is passed, we now need to impact the regulations not sleep walk through this.
Minor waters, you know, 200 meters long? Average width less than 1.2 meters, average depth less than so and so, complete with obstructions....too much sinousity,
BADDDDDDDDDDDDDDDDDD Stuff where paddlers are concerned .
For example, if Environment Canada had a designation of 'extremely ecologically sensitive' (significant socio economic impact?) one could make a statement in the NWPA proposed regulations that "all waterways designated as extremely ecologically sensitive by Environment Canada" cannot be considered a minor navigable water.
Interested parties and stakeholders must have other such intriguing ideas that could be very important in shaping the regulations.
My suggestions: get your club or group to name recreationally valuable stretches of water as exclusions in the regulations.
This is the fellow you must contact:
Ken Hahn
Project Manager - Regulatory Development / Gestionnaire de projet - Développement Réglementaire
Navigable Waters Protection Program / Programme de protection de eaux navigables
Marine Safety, Tower C, Place de Ville / Sécurité maritime, Tour C, Place de Ville
330 Sparks Street, 10th Floor, AMSEG / 330, rue Sparks, 10ième étage, AMSEG
Ottawa, Ontario, K1A 0N8
Telephone/Téléphone: 613-998-6442
Fax/Télécopieur: 613-998-0637
E-Mail/Courriel: Kenneth.Hahn@tc.gc.ca
_________________