Navigation Protection Act (R.S.C., 1985, c. N-22)

Act current to 2014-10-15 and last amended on 2014-04-01. Previous Versions

Navigation Protection Act

R.S.C., 1985, c. N-22

An Act respecting the protection of navigable waters

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Navigation Protection Act.

  • R.S., 1985, c. N-22, s. 1;
  • 2012, c. 31, s. 316.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in this Act.

“designated work”

« ouvrage désigné »

“designated work” means a minor work or a work that is constructed or placed in, on, over, under, through or across any minor water.

“ferry cable”

“ferry cable”[Repealed, 2012, c. 31, s. 317]

“Minister”

« ministre »

“Minister” means the Minister of Transport;

“minor water”

« eaux secondaires »

“minor water” means any navigable water designated under paragraph 28(2)(b).

“minor work”

« ouvrage secondaire »

“minor work” means any work designated under paragraph 28(2)(a).

“navigable water”

« eaux navigables »

“navigable water” includes a canal and any other body of water created or altered as a result of the construction of any work.

“obstruction”

« obstacle »

“obstruction” means a vessel, or part of one, that is wrecked, sunk, partially sunk, lying ashore or grounded, or any thing, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous.

“owner”

« propriétaire »

“owner”, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work. It also includes a person who proposes to construct or place a work.

“person in charge”

« responsable »

“person in charge”, with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser.

“Tribunal”

« Tribunal »

“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

“vessel”

« bateau »

“vessel” includes every description of ship, boat or craft of any kind, without regard to method or lack of propulsion and to whether it is used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast;

“work”

« ouvrage »

“work” includes any structure, device or thing, whether temporary or permanent, that is made by humans. It also includes the dumping of fill or the excavation of materials from the bed of any navigable water.

  • R.S., 1985, c. N-22, s. 2;
  • 2009, c. 2, s. 317;
  • 2012, c. 31, s. 317.