Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7)

Act current to 2015-07-09 and last amended on 2015-06-19. Previous Versions

Navigable Waters

Marginal note:Construction or operation

 No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b).

  • 2012, c. 19, s. 119.
Marginal note:Effects on navigation

 In addition to any other factor that it considers appropriate, the National Energy Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • 2012, c. 19, s. 119.
Marginal note:Pipeline not work

 Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

  • 2012, c. 19, s. 119, c. 31, s. 349.
Marginal note:Regulations
  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Indian Affairs and Northern Development and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • Marginal note:Regulations

    (2) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • 2012, c. 19, s. 119.
Marginal note:Existing terms and conditions

 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

  • 2012, c. 19, s. 119, c. 31, s. 349.