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

Act current to 2014-11-25 and last amended on 2014-04-01. Previous Versions

 [Repealed, 2012, c. 31, s. 318]

Marginal note:Statutory Instruments Act

 For greater certainty, approvals issued under section 6, terms and conditions imposed under subsection 9(2) or (3) and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.

  • R.S., 1985, c. N-22, s. 14;
  • 2009, c. 2, s. 330;
  • 2012, c. 31, s. 318.

 [Repealed, 2012, c. 31, s. 318]

OBSTRUCTIONS

Marginal note:Notice and indication of obstruction
  •  (1) The person in charge of an obstruction in a navigable water — other than a minor water — listed in the schedule shall

    • (a) immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and including the information, specified by the Minister; and

    • (b) place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction.

  • Marginal note:Failure to signal and light rectifiable by Minister

    (2) The Minister may cause the signal and light to be placed and maintained if the person in charge of the obstruction fails to do so.

  • Marginal note:Removal of obstruction

    (3) Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.

  • Marginal note:Failure to remove obstruction rectifiable by Minister

    (4) The Minister may cause the obstruction to be removed or destroyed if the person in charge of the obstruction fails to remove the obstruction.

  • R.S., 1985, c. N-22, s. 15;
  • R.S., 1985, c. 1 (2nd Supp.), s. 213;
  • 2009, c. 2, s. 331;
  • 2012, c. 31, s. 318.
Marginal note:Minister’s powers
  •  (1) The Minister may order the person in charge of an obstruction or potential obstruction in a navigable water — other than a minor water — that is listed in the schedule to secure, remove or destroy it in the manner that the Minister considers appropriate if the situation has persisted for more than 24 hours.

  • Marginal note:Property belonging to Her Majesty

    (2) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or any thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada.

  • Marginal note:Failure to comply with order

    (3) If the person to whom an order is given under subsection (1) or (2) fails to comply with the order, the Minister may cause the order to be carried out.

  • Marginal note:Not a statutory instrument

    (4) For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

  • R.S., 1985, c. N-22, s. 16;
  • 2009, c. 2, s. 332;
  • 2012, c. 31, s. 318.