July 28, 2008
The Honourable Lawrence Cannon
Minister of Transport, Infrastructure and Communities
Tower C - 330 Sparks St.
Ottawa, Ontario, Canada
K1A 0N5
Re. : Environmental Non-Government Organization (ENGO) response to proposed changes to the federal Navigable Waters Protection Act
Honourable Minister:
As member organizations and supporters of the National Water, Fisheries and Oceans Caucus (“Water Caucus”) of the Canadian Environmental Network, we are writing to you regarding our concerns on the proposed changes to Canada’s Navigable Waters Protection Act by the Standing Committee on Transport, Infrastructure and Communities.
The Canadian Environmental Network is a network of environmental non-government organizations (ENGOs) across Canada which coordinates the work of national caucuses made up of participants drawn from its affiliated member groups. The scope of the Water Caucus includes issues related to water quality and quantity, oceans and fisheries, with the main objectives of sharing information, developing joint strategies, helping each other, and providing advice to the government.
The undersigned members of the Water Caucus believe that the Standing Committee did not provide adequate consultation on the proposed amendments to the NWPA, given that organizations invited to provide submissions did not include paddling organizations – commercial or recreational. The proposed changes to the NWPA could have a profound effect on the activities of paddling organizations on Canadian waterways.
Further, we were disappointed to see that the recommendations of the few organizations that did make submissions were largely ignored. Lake Ontario Waterkeeper, for example, suggested in their submission of May 12, 2008 that three of the proposed amendments could impede free passage and have serious impacts on the protection of navigable waterways in Canada. The specific amendments of concern include changing the definition of “navigable waters” and “work,” as well as deleting the four “named” works from the Act. Lake Ontario Waterkeeper believes that these changes should not be put forward without further consultation and study. However, in their June 12, 2008 news release, the Standing Committee recommended that the government go ahead with all of the amendments to the NWPA that they believe “could be resolved quickly,” including the amendments Waterkeeper advised against pursuing.
While the Standing Committee’s news release does indicate further consultations will be made on this piece of legislation, we have reason to be concerned that future consultations and follow-up will be inadequate, given the actions of the Standing Committee to date, as outlined in this letter.
On behalf of the Canadian Environmental Network’s Water Caucus, we respectfully request a meeting with Transport Canada in order to address our concerns with public consultation regarding amendments to the NWPA.
Sincerely,
Alberta Wilderness Association, AB
Canadian EarthCare Society, BC
Concerned Citizens for a Safe and Healthy Environment, SK
Conservation Council of New Brunswick
Coureurs de Bois Club Ottawa, ON
David Suzuki Foundation
Dog Lake Association, ON
Federation of Alberta Naturalists, AB
Friends of Lily Lake, NB
Friends of the Oldman River, AB
Georgia Strait Alliance, BC
Grand Riverkeeper Labrador, Inc, Nf/Ld
Great Lakes United, ON
Lake Ontario Waterkeeper, ON
Les Amis de la Riviere Kipawa, ON
Les Intendants du Madawaska, NB
The Onoway River Valley Conservation Association, AB
Petitcodiac Riverkeeper, NB
Safe Drinking Water Foundation, AB Chapter
Shearwater Marine Services, SK
Sierra Club Canada
Soil and Water Conservation Society, BC Chapter
South Peace Environment Association, AB
Whitewater Ontario, ON
Yukon Canoe and Kayak Club, YK
cc. The Honourable John Baird, Minister of the Environment
House of Commons Standing Committee on Transport, Infrastructure and Communities
David Osbaldeston, Manager, Navigable Waters Protection Program
Krystyn Tully, Vice-President, Lake Ontario Waterkeeper
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The Ashlu river: it could happen to you
Whitewater Ontario
Whitewater Ontario - Mission Statement
It is Whitewater Ontario’s mission to support the whitewater paddling community through the promotion, development and growth of the sport in its various disciplines.
We accomplish this through the development of events, resources, clubs, and programs for personal and athletic development, regardless of skill level or focus, to ensure a high standard of safety and competency;
We advocate safe and environmentally responsible access and use of Ontario’s rivers.
Whitewater Ontario is the sport governing body in the province, and represents provincial interests within the national body Whitewater Canada and the Canadian Canoe Association
http://www.whitewaterontario.ca/page/mission.asp
Kipawa, Tabaret, and Opemican
Kipawa Dam: After
Where is the Kipawa
Kipawa Dam
Tabaret is a Bad Idea
About the Kipawa
The best thing paddlers can do to help the cause of the Kipawa:
1. attend the rally and bring others including non paddlers to attend and buy beer and have fun
2. write your MP /MNA and raise the issue and post your objections -1 letter = 200 who didn't write
3. Write Thierry Vandal the CEO of Hydro Quebec strongly opposing the 132 MW standard decrying the use of "diversion" as the most environmentally inappropriate method of power production
4. Write Jean Charest, Premier of Quebec protesting that either the algonquin or the tabaret project will eliminate all other values on the Kipawa River by turning it into a dry gulch.
5. See if you can get other allied groups interested by showing your own interest, ie the Sierra Defense Fund, Earthwild, MEC, and so on.
6. Demand further consultation
7. Currently we are at the point where we need to sway public opinion and raise awareness.
However, if all else fails, don't get mad, simply disrupt, foment, and protest . The Monkey Wrench Gang.
Have you read Edward Abbey?
Important Addresses
CEO,Hydro Québec, 75 boul René Levesque, Montreal, P.Q., H2Z 1A4Caille.andre@hydro.qc.ca
The best thing paddlers can do to help the cause of the Kipawa:
1. attend the rally and bring others including non paddlers to attend and buy beer and have fun
2. write your MP /MNA and raise the issue and post your objections -1 letter = 200 who didn't write
3. Write Thierry Vandal the CEO of Hydro Quebec strongly opposing the 132 MW standard decrying the use of "diversion" as the most environmentally inappropriate method of power production
4. Write Jean Charest, Premier of Quebec protesting that either the algonquin or the tabaret project will eliminate all other values on the Kipawa River by turning it into a dry gulch.
5. See if you can get other allied groups interested by showing your own interest, ie the Sierra Defense Fund, Earthwild, MEC, and so on.
6. Demand further consultation
7. Currently we are at the point where we need to sway public opinion and raise awareness.
However, if all else fails, don't get mad, simply disrupt, foment, and protest . The Monkey Wrench Gang.
Have you read Edward Abbey?
Important Addresses
CEO,Hydro Québec, 75 boul René Levesque, Montreal, P.Q., H2Z 1A4Caille.andre@hydro.qc.ca
Tabaret is a Bad Idea (Part Two)
Les Amis de la Riviere Kipawa is poised to use an application to the Federal Court to issue a Writ of Mandamus to ensure the Minster does what he is supposed to do, protect the public's right to navigate the water control structure at Laniel, Quebec using the Navigable Waters Protection Act. (see http://www.kipawariver.ca/)
In the now gutted Navigable Waters Protection Act lay the means by which the Minister of Transport could keep the public right of passage down our great Canadian Heritage, our rivers and streams which are threatened especially by resource corporations and power brokers such as Hydro Quebec.
These powerful entities continue to petition that 'this' river or 'that' stream is not navigable and therefore not protectable.
I don't say that dams and bridges should not be built, only that if they are, historical navigation rights should be considered and preserved by making reasonable accommodations for recreational boaters.
It is the Minister of Transport, in exercising the right to allow or disallow work on or over a navigable waterway is what keeps boats and recreational boaters plying our waterways.
To many recent cases launched in the Federal Court concerning the Navigable Waters Protection Act, most recently the case of the Humber Environment Group of Cornerbrook Newfoundland versus the Cornerbrook Pulp and Paper Company indicates that the important oversight is not being faithfully performed. Have we really come to the point now where we must say "such and such a stream is one foot deep, possessing so many cubic feet per second flow and so on?" The answer to this is... YES!
The honourable Mr. Justice John A. O'Keefe, ruled that it had not been shown that the river was navigable. How convenient was that to the Minister? But either the Minister of Transport acts to protect our rivers and streams as a public right or he does not and that means rivers and streams currently enjoyed by kayakers and canoists.
Enough of the cheating, and double-talk. Canadians! our rivers and streams are our own, lets urge the Minister of Transport and the our government to protect them.
Peter Karwacki
In the now gutted Navigable Waters Protection Act lay the means by which the Minister of Transport could keep the public right of passage down our great Canadian Heritage, our rivers and streams which are threatened especially by resource corporations and power brokers such as Hydro Quebec.
These powerful entities continue to petition that 'this' river or 'that' stream is not navigable and therefore not protectable.
I don't say that dams and bridges should not be built, only that if they are, historical navigation rights should be considered and preserved by making reasonable accommodations for recreational boaters.
It is the Minister of Transport, in exercising the right to allow or disallow work on or over a navigable waterway is what keeps boats and recreational boaters plying our waterways.
To many recent cases launched in the Federal Court concerning the Navigable Waters Protection Act, most recently the case of the Humber Environment Group of Cornerbrook Newfoundland versus the Cornerbrook Pulp and Paper Company indicates that the important oversight is not being faithfully performed. Have we really come to the point now where we must say "such and such a stream is one foot deep, possessing so many cubic feet per second flow and so on?" The answer to this is... YES!
The honourable Mr. Justice John A. O'Keefe, ruled that it had not been shown that the river was navigable. How convenient was that to the Minister? But either the Minister of Transport acts to protect our rivers and streams as a public right or he does not and that means rivers and streams currently enjoyed by kayakers and canoists.
Enough of the cheating, and double-talk. Canadians! our rivers and streams are our own, lets urge the Minister of Transport and the our government to protect them.
Peter Karwacki
Tabaret is a Bad Idea (Part Three)
10 Reasons WhyTabaret is a Bad Idea1) Tabaret is too big. The station is designed to useevery drop of water available in the Kipawawatershed, but will run at only 44 percent capacity.We believe the Tabaret station is designed to usewater diverted from the Dumoine River into theKipawa watershed in the future.
2) The Tabaret project will eliminate the aquaticecosystem of the Kipawa River.The Tabaret project plan involves the diversion of a16-km section of the Kipawa River from its naturalstreambed into a new man-made outflow from LakeKipawa.
3) Tabaret will leave a large industrial footprint on thelandscape that will impact existing tourismoperations and eliminate future tourism potential.
4) The Tabaret project is an aggressive single-purposedevelopment, designed to maximize powergeneration at the expense of all other uses.
5) River-diversion, such as the Tabaret project, takinglarge amounts of water out of a river’s naturalstreambed and moving it to another place, is verydestructive to the natural environment.
6) The Kipawa River has been designated a protectedgreenspace in the region with severe limitations ondevelopment. This designation recognizes theecological, historical and natural heritage value ofthe river and the importance of protecting it.Tabaret will eliminate that value.
7) If necessary, there are other, smarter and morereasonable options for producing hydro power onthe Kipawa watershed. It is possible to build a lowimpactgenerating station on the Kipawa river, andmanage it as a “run-of-the-river” station, makinguse of natural flows while maintaining other values,with minimal impact on the environment.
8) The Kipawa watershed is a rich natural resource forthe Temiscaming Region, resonably close to largeurban areas, with huge untapped potential fortourism and recreation development in the future.Tabaret will severely reduce this potential.
9) Tabaret provides zero long-term economic benefitfor the region through employment. The plan is forthe station to be completely automated andremotely operated.
10) The Kipawa River is 12,000 years old. The riverwas here thousands of years before any peoplecame to the region. The Tabaret project will change all that.
Problems on a local River?
- There is more to do as well but you have to do your research and above all, don't give up.
- IN the meantime prepared a document itemizing the history of navigation of this spot and its recreational value. Use the Kipawa river history of navigation as a guide: see www.kipawariver.ca
- Under the Ministry of Environment guidelines you have a set period of time to petition the change under the environmental bill of rights, you may have limited time to take this action. But it involves going to court for a judicial review of the decision.
- 4. contact the ministry of natural resources officials and do the same thing.
- 3. contact the ministry of the environment and determine if they approved the project
- 2. determine if the dam was a legal dam, approved under the navigable waters protection act.
- 1. research the decision and timing of it to determine if an environmental assessment was done.
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