Mining Association of Canada | 2023 Report

The Mining Association of Canada | The Canadian Mining Story: Economic Impacts and Drivers for the Global Energy Transition 2023 56 MAC is working with Transport Canada officials to develop clear guidance for proponents for how to identify navigable waters and when an Order may be required. Early identification of navigation routes, particularly those used by Indigenous peoples for travel or transport, would help proponents in project design and planning. While MAC appreciates the challenge created by the legal complexity in interpreting what is navigable water, particularly in the context of respecting Indigenous rights, clear guidance for proponents, Indigenous peoples, and Transport Canada regional offices is an urgent priority. As well, an efficient and timely process for obtaining a Governor in Council Order, where one is necessary, should be developed expeditiously. The Order process needs to be coordinated with other federal processes for project permitting. Any project impacting navigable water may also impact fish habitat, and some will also be subject to the IAA.