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

Act current to 2016-08-01 and last amended on 2014-04-01. Previous Versions

 [Repealed, 2012, c. 31, s. 318]

Marginal note:Approval
  •  (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is likely to substantially interfere with navigation only if the Minister has issued an approval for the work, which may be issued only if an application for the approval is submitted and the application is accompanied by the applicable fee.

  • Marginal note:Application for approval

    (2) The application for an approval shall be made in the form and manner, and contain the information, specified by the Minister.

  • Marginal note:Refusal

    (3) The Minister may refuse to issue an approval if he or she considers that the refusal is in the public interest, including by reason of the record of compliance of the owner under this Act.

  • Marginal note:Terms and conditions

    (4) The Minister may attach any term or condition that he or she considers appropriate to an approval including a requirement that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form that is satisfactory to the Minister.

  • Marginal note:Compliance with requirements

    (5) The owner shall comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.

  • Marginal note:Contiguous area

    (6) The Minister may, in an approval, designate an area contiguous with a work that is necessary for the safety of persons and navigation.

  • Marginal note:Transfer

    (7) An approval may only be transferred if written notice of the transfer is given to the Minister 30 days before the transfer takes place.

  • Marginal note:Approval after construction or placement begins

    (8) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction or placement of the work after its construction or placement begins or is completed.

  • R.S., 1985, c. N-22, s. 6;
  • 2009, c. 2, s. 322;
  • 2012, c. 31, s. 318.
Marginal note:Amendment of approval
  •  (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.

  • Marginal note:Other amendment of approval

    (2) The Minister may otherwise amend the approval, including by adding terms and conditions, only if he or she is satisfied that

    • (a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued;

    • (b) the work causes or is likely to cause a serious and imminent danger to navigation; or

    • (c) the amendment of the approval is in the public interest.

  • Marginal note:Suspension or cancellation

    (3) The Minister may suspend or cancel an approval if he or she considers that

    • (a) the owner has not complied with the approval;

    • (b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact;

    • (c) the owner has not paid a fine or penalty imposed under this Act;

    • (d) the owner has contravened this Act; or

    • (e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act.

  • R.S., 1985, c. N-22, s. 7;
  • 2009, c. 2, s. 323;
  • 2012, c. 31, s. 318.
Marginal note:Emergency

 Even if the notice referred to in subsection 5(1) has not yet been given, the Minister may authorize the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule if the Minister considers that such an authorization is necessary as a result of an emergency that has resulted in or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources and that is caused by a real or imminent

  • (a) fire, flood, drought, storm, earthquake or other natural phenomenon;

  • (b) disease in human beings, animals or plants; or

  • (c) accident or pollution incident.

  • R.S., 1985, c. N-22, s. 8;
  • 2012, c. 31, s. 318.
Marginal note:Permitted works
  •  (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is not likely to substantially interfere with navigation only if the construction, placement, alteration, repair, rebuilding, removal or decommissioning is in accordance with the requirements under this Act.

  • Marginal note:Terms and conditions

    (2) The Minister may impose any term or condition that he or she considers appropriate on the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work including the designation of an area contiguous with a work that is necessary for the safety of persons and navigation.

  • Marginal note:Security

    (3) In addition, the Minister may require, as a term or condition, that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form satisfactory to the Minister.

  • Marginal note:Compliance with requirements

    (4) The owner shall comply with the terms and conditions imposed under subsections (2) and (3) and maintain, operate and use the work in accordance with the requirements under this Act.

  • Marginal note:Amendment of terms and conditions

    (5) The Minister may amend or revoke any term or condition.

  • R.S., 1985, c. N-22, s. 9;
  • 1993, c. 41, s. 8;
  • 2009, c. 2, s. 324;
  • 2012, c. 31, s. 318.
Marginal note:Designated works
  •  (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a designated work in, on, over, under, through or across any navigable water that is listed in the schedule only if the construction, placement, alteration, repair, rebuilding, removal or decommissioning is in accordance with the requirements under this Act.

  • Marginal note:Maintenance, operation and use

    (2) The owner shall maintain, operate and use the designated work in accordance with the requirements under this Act.

  • R.S., 1985, c. N-22, s. 10;
  • 2012, c. 31, s. 318.
Marginal note:Application
  •  (1) This section applies to any work that is constructed, placed, altered, repaired, rebuilt, removed, decommissioned, maintained, operated or used contrary to the requirements under this Act.

  • Marginal note:Minister’s powers

    (2) The Minister may

    • (a) order the owner of a work to remove or alter the work;

    • (b) during the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work, order any person to remove or alter the work or to do any other thing with respect to the work, including taking all measures necessary for the safety of navigation;

    • (c) if the owner or the person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the work, including the removal of the work, its destruction and the sale, donation or other disposal of the materials contained in the work; and

    • (d) order any person to refrain from proceeding with the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work.

  • Marginal note:Costs of removal or disposal

    (3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c), after deducting from that amount any sum that may be realized by sale or otherwise, is recoverable with costs in the name of Her Majesty from the owner.

  • R.S., 1985, c. N-22, s. 11;
  • 2009, c. 2, s. 325;
  • 2012, c. 31, s. 318.
 
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