MISSION: To ensure the protection and safety of navigation in Canadian waters.

Transcription

1 NAVIGATION PROTECTION

2 NAVIGATION PROTECTION OVERVIEW LOGIC MODEL MISSION: To ensure the protection and safety of navigation in Canadian waters. OBJECTIVES: Facilitate safe and shared use of Canada s waterways Manage interferences with navigation (Ensure the public s right of navigation) Protect the rights and property of owners and salvors (Receiver of Wreck) Financial Resources Human Resources Assets INPUTS KEY ACTIVITIES Administer Regulations and Directives Works Review Process Other Activities Related to the Navigable Waters Protection Act (NWPA) OUTCOMES Protected public right of navigation Protected property rights of wreck owners and salvors (Receiver of Wreck) Minimized environmental impact / damage Compliance with legislative requirements Behavioral change Increased awareness and use of guidelines and procedures Enhanced confidence and satisfaction with the program Public / Stakeholder / Client Maritime Safety ULTIMATE IMPACTS KEY OUTPUTS The NWPA Verification of Information Received Determination of Navigability Protection of the Marine and Freshwater Environment WHO S INVOLVED USERS/CLIENTS Works proponents Aquaculture Fishers Oil/gas producers Waterway users Upland property owners Shoreline property owners General public Industry Utilities Forestry Mining Heavy construction Wreck owners Salvors OGDs Provinces Municipalities Diving associations Cottager associations Insurance companies Police agencies CO-DELIVERERS Marine Programs Regional Operations Centre (ROCs) DFO programs Habitat Canadian Hydrographic Services (CHS) Small Craft Harbours Aboriginal Affairs Legal Area Directors OGDs Environment Canada Justice Canada National Energy Board (NEB) Heritage Police Agencies Wreck Storage Facilities Provinces Conservation Authorities Environmental committees BENEFICIARIES Federal, provincial and territorial governments Aboriginal groups Canadians at large Neighboring countries Environmental community Marine community at large Upland Property owners Marine Trade and Commerce

3 MISSION & OBJECTIVES To ensure the protection and safety of navigation in Canadian Waters. The following are the Navigation Protection s (NP) objectives: Facilitate safe and shared use of Canada s waterways Manage interferences with navigation (ensure the public s right of navigation) Protect the rights and property of owners and salvors (receiver of wreck) WHAT S INVOLVED The NP Program administers the Navigable Waters Protection Act (NWPA), one of the oldest pieces of federal legislation, and whose primary purpose is to manage interferences with navigation. It became law in 1882, and was originally intended to protect marine navigation routes by controlling the logging industry, and the construction of bridges and dams. The NWPA ensures that the Minister of the Department of Fisheries and Oceans (DFO) approves the construction, placement, repairing or modification of any works that will substantially interfere with navigation in, over, under, through or across any navigable waterway in Canada. The NP Program is responsible for safeguarding and enforcing the navigability of waters with respect to construction of works and the shared use of navigable waterways, which is as equally important for recreation as it is for commercial purposes. The Program also administers the Receiver of Wreck function. A Receiver of Wreck is an officer of the Canadian Coast Guard (CCG) appointed by Order-in-Council to act as a custodian of wreck in the absence of the rightful owner. There are 19 wreck districts across Canada, administered by 25 Receivers of Wreck. The salvage, protection, and disposal of marine wreck are mandated under the provisions of the Canada Shipping Act. The Program conducts ongoing client consultations with a multitude of stakeholders, including advisory councils, federal, provincial and municipal governments, and other individuals or organizations that may be affected by works that impact on navigation. On both a national and international level, the Program provides advice, guidance, resources and subject matter expertise to a diverse group of individuals, organizations, and governments. WHO S INVOLVED In , there was 65 staff dedicated to the national NP Program, 32 of which were Field Officers. A client for the NP Program is any individual, company or government agency that proposes to construct, repair, or modify any work in the navigable waters of Canada. These may include: aquaculture sites, fishers, oil/gas producers, shoreline and upland property owners, waterway users, utilities, wreck owners, salvors, other federal departments, provinces,

4 municipalities, insurance companies, police agencies, and industries such as forestry, mining, and heavy construction. The Program works in partnership with others within DFO to ensure the effective delivery of services to their clients. Partners include: Fish Habitat Management, Canadian Hydrographic Services, Conservation and Protection, the Office of Sustainable Aquaculture, Small Craft Harbours, Aboriginal Affairs, Regional Operations Centres, and Legal Services. Partners outside of DFO include: Environment Canada, the National Energy Board, Justice Canada, Heritage Canada, police agencies, conservation authorities, and environmental committees. WHAT S BEEN HAPPENING The challenges in facilitating the safe and shared use of Canada s waterways are due in large part to the broad diversity of people, organizations, industries, and governments who use or have an interest in those waterways. The increasing level of activity and growth of new industries, existing commercial interests, and recreational areas, coupled with environmental concerns, present added complexity and workload within resource constraints. For example, aquaculture is one of the fastest-growing food production activities in the world. In 1999, the Canadian aquaculture industry produced approximately 113,083 tonnes of product, which represents 22.5% of the value of Canadian fish and seafood production. Although aquaculture projects make up approximately 8% of NWPA applications, these projects account for 50% of the Program s workload. There has also been a significant increase in NWPA applications over the past six years. This can be attributed to the large number of works on our waterways that lead to increased user conflicts. Other factors include the growing awareness of the NWPA process and linkages to Fish Habitat Management and environmental assessment requirements. The NWPA is the largest trigger of the Canadian Environmental Assessment Act (CEAA), adding to the complexity and length of the application process. With the announcement on December 12, 2003 by the Prime Minister that the CCG will become a Special Operating Agency (SOA) within DFO, the responsibility of NP Program reporting was transferred to Transport Canada (TC). Therefore, future reporting on the program will be done solely by TC.

5 WHAT DID WE ACCOMPLISH OUTPUTS VERIFICATION OF INFORMATION RECEIVED - APPLICATIONS The number of received applications for different types of works has steadily increased over the last seven years. As represented by the Number of Received Applications graph, the number in 2003 was the highest on record; a 71% increase from As represented by Number of Applications Approved graph, despite an average annual rate of application increase of 12%, the proportion of approved applications increased from 53% in 1997 to 71% in 2003; although that was less than the 82% of applications approved in The Program s ability to carry out its responsibility throughout the regions will decline at the current annual rate of application increases.

6 As represented by the Regional Distribution of Applications graph, the distribution of applications by Region remains a relatively stable statistic; but these percentages may change from year to year. VERIFICATION OF INFORMATION RECEIVED APPLICATION PROCESS As represented by the Applications in Progress graph, even after a surge of 270% in the number of applications for different types of works from the year 2000 to 2001, the number in 2003 was slightly higher. The Average Applications Process Time was the second highest in 2003 (138 days), following the record of 160 days in The increases in application processing time may be attributed to more stringent legislative and environmental requirements, resource constraints, and by the surge in applications in progress due to work proponents increased awareness of these factors.

7 SITE INSPECTIONS In an ongoing effort to ensure that the shared use of Canada s waterways{ XE "Waterways" } is safe, the CCG processes applications for works that may impede navigation in waters that are determined to be navigable{ XE "Navigation" }, such as bridges, booms, causeways and dams. These works require formal approval under the Navigable Waters Protection{ XE "Protection" } Act{ XE "Navigable Waters Protection Act" }{ XE "Acts" }. The CCG also conducts inspections to ensure that works comply with approved plans, and to monitor any possible interference in navigation of the shared use of Canada s waterways. The Number of Inspections to Ensure Safety of Works rose approximately 50% between 1997 and 2003, the latter being the second highest on record. The Central and Arctic region, being the largest, most populated region with a highly developed infrastructure, is the main contributor to the total national Number of Inspections: 1,282 out of the national total of 2,154 or 60%. REACH PARTNERSHIPS - FISH HABITAT MANAGEMENT

8 Fish Habitat Management, on behalf of the Program, conducts environmental assessments under the Canadian Environmental Assessment Act (CEAA) when an application is processed. The Number of Environmental Assessments increased ten-fold from 1997 to 2001, and has since been decreasing annually. The Average Number of Days for an Environmental Assessment to be processed has increased from 250 days in 1997 to approximately 390 days in 2003, or 56%. The increase was also significant from 2002 to 2003, being 14%. The legislative requirements, the volume of environmental assessments, and resource constraints directly affect the Program s ability to process work applications in a timely manner. OUTCOMES CONFIDENCE AND SATISFACTION WITH PROGRAM

9 Statistics on the Number of Complaints concerning general types of works is an important element of the Program s feedback mechanism. The average Number of Applications per Complaint graph represents the number of applications processed per one complaint. While the number of complaints increased ten-fold from 1997 to 2003, the number of received applications increased only by 71% during this period. This increase in complaints may be attributed to increased awareness of the application process, and applications for different types of work. Represented data illustrates the relationship between public awareness and concerns, and the level of transparency and information available. WHAT S NEXT To meet the challenges associated with the increase of NWPA applications, the NP Program will continue to investigate innovative ways to deliver its services and information products in order to process applications in a timely manner. The Program will be developing a policy framework, updating guidelines such as aquaculture site application and marking, continuing with the Service Delivery Improvement Initiative, and developing intranet/internet sites as client information tools. The Program is also continuing with the amendment and modernization of the NWPA to simplify the regulatory framework and ensure its responsiveness to regulators; developing a Navigable Waters Training Program to enable and facilitate NP services delivery in the Area and District level and; developing a compliance and enforcement strategy to provide strengthened capacity to monitor the aquaculture industry and ensure compliance with conditions of approval. The NP Program will consider reporting on measures and indicators such as: the volume of communications material distributed; percentage of Research and Development (R&D) projects that lead to meaningful change; the number of projects which trigger CEAA; and the number of conflicts.