Navigable waters may be litigable waters if Bill C-45 passes

Navigable waters may be litigable waters if Bill C-45 passes


As has been widely reported, the second omnibus budget bill has been tabled in Parliament (Bill C-45).  Part of the Bill is aimed at amending the Navigable Waters Protection Act (NWPA) to focus its regulatory application on impacts on prescribed navigable waters (listed in a schedule of the Act) as opposed to all navigable waters.  The NWPA has been viewed as having significant environmental value due to the fact that it preserves the intactness of our water ways by preserving navigation rights.


The Government has been cited as saying that the narrowed scope in Bill-45 should not be of concern as the non-scheduled water ways are protected by other federal and provincial laws.  This however raises an interesting legal question:  Can provinces authorize impacts to navigable waters?  Navigation is part of the federal jurisdiction under the Canadian Constitution (at s.91(10)).


Read “Navigable waters may be litigable waters if Bill C-45 passes” on the ELC blog.




The Environmental Law Centre (ELC) has been seeking strong and effective environmental laws since it was founded in 1982. The ELC is dedicated to providing credible, comprehensive and objective legal information regarding natural resources, energy and environmental law, policy and regulation in Alberta. The ELC’s mission is to educate and champion for strong laws and rights so all Albertans can enjoy clean water, clean air and a healthy environment. Our vision is a society where laws secure an environment that sustains current and future generations.


As a charity, the Environmental Law Centre depends on your financial support. Help us to continue to educate and champion for strong environmental laws, through tools such as our blog and all of our other resources, so that all Albertans can enjoy a healthy environment. Your support makes a difference.
Donate online today



Share this:
Subscribe For Latest Updates
You'll get an email whenever we publish a new post on our blog.