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

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Definition of “local authority”

  •  (1) For the purposes of this section, “local authority” means the government of a municipality, any other government constituted under the laws of a province or a department of a provincial government.

  • Marginal note:Addition to schedule

    (2) The Governor in Council may, by regulation, amend the schedule by adding to it a reference to a navigable water if the Governor in Council is satisfied that the addition

    • (a) is in the national or regional economic interest;

    • (b) is in the public interest; or

    • (c) was requested by a local authority.

  • Marginal note:Minister’s recommendation

    (3) The Minister may recommend the addition of a reference to a navigable water to the schedule at the request of a local authority only if the Minister is satisfied that the local authority meets the criteria specified by the Minister.

  • Marginal note:Other amendment of schedule

    (4) The Governor in Council may, by regulation, amend the schedule by amending or deleting a reference to a navigable water.

  • R.S., 1985, c. N-22, s. 29;
  • 2009, c. 2, s. 337;
  • 2012, c. 31, s. 321.

Incorporation by Reference

Marginal note:Incorporation by reference
  •  (1) A regulation or order made under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • R.S., 1985, c. N-22, s. 30;
  • 2009, c. 2, s. 338;
  • 2012, c. 31, s. 321.

 [Repealed, 2009, c. 2, s. 339]