Navigable Waters Protection Act (R.S.C., 1985, c. N-22)
Full Document:
Act current to 2013-05-26 and last amended on 2009-03-12. Previous Versions
Ministerial Orders
Marginal note:Orders
13. (1) For the purposes of section 5.1, the Minister may, by order,
(a) establish classes of works or navigable waters; and
(b) impose any terms and conditions with respect to the placement, construction, maintenance, operation, safety, use and removal of those classes of works or works that are built or placed in, on, over, under, through or across those classes of navigable waters.
Marginal note:Exemption from Statutory Instruments Act
(2) An order under subsection (1)
(a) is not a statutory instrument within the meaning of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.
Marginal note:Incorporation by reference
(3) An order may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.
- R.S., 1985, c. N-22, s. 13;
- 2009, c. 2, s. 328.
Interim Orders
Marginal note:Interim orders
13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after it is made.
Marginal note:Deeming
(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
- 2004, c. 15, s. 95.
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