Navigable Waters

For the purposes of the law, navigable waters include virtually every channel, stream, river or canal which can be navigated by a boat.  This includes streams that can be navigated by a kayak for a short time of the year.   Navigable Waters thus include almost all parts of the ocean, and most rivers, lakes and streams, and they border on areas of particular biological productivity, ittoral areas and riparian areas. 

 

For more on the ecological significance of these areas see:

 

·         Littoral Areas

·         Riparian Areas

·         Rivers, Lakes and Streams

·         Oceans

The fact that they are navigable also makes them subjects to specific legal regimes.  Navigation and shipping are matters of federal jurisdictions and several federal laws related to navigation can be important for environmental protection:

 

·         The Navigable Waters Protection Act requires federal approvals for construction of works in, over and under navigable waters, and these approvals trigger assessments under the Canadian Environmental Assessment Act if these potentially interfere with navigation.  For more information on when works affecting navigation can trigger an environmental assessment see Navigable Waters Protection Act.

·         Regulations under Canada Shipping Act also place limits on ship speed, engine size and restricts use of boats in some waters.  These can be used to protect habitat from interference by boats and boaters.

·         Canada Shipping Act regulations also limit discharge of ship sewage in several bay and lakes in BC that are particularly sensitive to pollution.  Stewardship groups concerned about a particular body of water can lobby the federal Minister of Transportation to expand these limited protections.  

·         The Canada Shipping Act also includes regulations aimed at protecting all Canadian waters from pollution, and the Canadian Environmental Protection Act regulates ocean dumping (the disposal by ships and barges of waste generated on land onto the ocean floor). 

 

See also Shipping and Port Activities for more information on the regulation of shipping and links to information on protection of marine habitat from boats and ships.