1. These Regulations may be cited as the Navigable Waters Works Regulations.

2. In these Regulations,

“Act”

“Act” means the Navigable Waters Protection Act; (loi)

“engineer”

“engineer” means a district marine agent, district manager or superintending engineer of Marine Services of the Department of Transport; (ingénieur)

“work”

“work” means a work to which Part I of the Navigable Waters Protection Act applies. (ouvrage)

• 3. (1) Subject to subsection (2), where the Minister has approved a work and the site and plans thereof pursuant to paragraph 5(1)(a) or subsection 6(4) of the Act, such approval is valid for a type of work set out in Column I of an item of the schedule for the period of time set out in Column II of that item.

• (2) [Repealed, SOR/88-461, s. 1]

4. No person shall build or place a work in a navigable water unless all lights, buoys and other marks required in the approval are installed and maintained to the satisfaction of the Minister.

5. No person shall permit any tools, equipment, vehicles, temporary structures or parts thereof used or maintained for the purpose of building or placing a work in a navigable water to remain in such water after the completion of the project.

6. Where a work or a portion of a work that is being constructed or maintained in a navigable water causes debris or other material to accumulate on the bed or on the surface of such water, the owner of that work or portion of that work shall cause the debris or other material to be removed to the satisfaction of the Minister.

• 7. (1) In this section, “work” means a dam or power plant in a navigable water.

• (2) The owner of a work shall, when required by the Minister,

  • (a) install, maintain and operate log chutes to permit the transport of logs through or over the work;

  • (b) provide and maintain roads or foot-ways for the free passage of the public by vehicle or foot around the work between the upper and lower reaches of the river; and

  • (c) furnish to the Minister the records of flow, elevation of water above and below the work and all plans and other material relating to navigation that may be required by the Minister.

• (3) The Minister or his authorized representative shall be permitted to measure the discharge of water in the various channels and passages through or over a work.

• (4) The owner of a work shall maintain the limits of flow and elevation of water for navigation purposes as required by the Minister.