WORKS

Marginal note:Prohibition

3. It is prohibited to 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 except in accordance with this Act or any other federal Act.

Marginal note:Opt in

• 4. (1) An owner of a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water, other than any navigable water that is listed in the schedule, may request that this Act be made applicable to the work as if it were a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule.

• Marginal note:Request

  (2) The request shall be made to the Minister in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

• Marginal note:Deeming

  (3) The Minister may accept the request if he or she considers that it is justified in the circumstances, in which case the work is deemed, for the purposes of this Act, to be a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule, as the case may be.

Marginal note:Assessment by Minister

• 5. (1) An owner who proposes to construct, place, alter, repair, rebuild, remove or decommission a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule shall give notice of the proposal to the Minister.

• Marginal note:Notice

  (2) The notice shall be made in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

• Marginal note:Application

  (3) Subsection (1) also applies even if the construction, placement, alteration, repair, rebuilding, removal or decommissioning of the work has begun or is completed before the Minister is notified under subsection (1).

• Marginal note:Assessment — factors

  (4) In determining whether the work is likely to substantially interfere with navigation, the Minister shall, on receipt of the notice and the applicable fee, assess the proposal and in doing so shall take into account any relevant factor, including

  • (a) the characteristics of the navigable water in question;

  • (b) the safety of navigation;

  • (c) the current or anticipated navigation in that navigable water;

  • (d) the impact of the work on navigation in that navigable water, for example, as a result of its construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and

  • (e) the cumulative impact of the work on navigation in that navigable water.

• Marginal note:Related works

  (5) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.

• Marginal note:Minister’s powers

  (6) In determining whether the work is likely to substantially interfere with navigation, the Minister may require from the owner

  • (a) any additional information that the Minister considers appropriate; and

  • (b) the deposit of any information specified by the Minister in the local land registry or land titles office or in any other place specified by the Minister and the publication of a notice containing any information specified by the Minister in the Canada Gazette and in any other publication specified by the Minister.

• Marginal note:Notice

  (7) The notice referred to in paragraph (6)(b) shall invite any interested person to provide written comments to the Minister within 30 days after its publication.

• Marginal note:Assessment results

  (8) On completion of the assessment of the proposal, the Minister shall determine whether or not the work is likely to substantially interfere with navigation and shall so inform the owner.

• Marginal note:Notice

  (9) If the work does not conform to the description that the owner provided in the notice referred to in subsection (1), the owner shall so notify the Minister. The Minister may then require that a new notice be given under that subsection.

Marginal note:Approval

• 6. (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.

Marginal note:Amendment of approval

• 7. (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.

Marginal note:Emergency

8. 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.

Marginal note:Permitted works

• 9. (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.

Marginal note:Designated works

• 10. (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.

Marginal note:Application

• 11. (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.

Marginal note:Obligation to notify Minister

• 12. (1) An owner of a work in, on, over, under, through or across any navigable water that is listed in the schedule shall immediately notify the Minister if the work causes or is likely to cause a serious and imminent danger to navigation.

• Marginal note:Duty to take corrective measures

  (2) The owner shall, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.

Marginal note:Removal of works, etc.

• 13. (1) The Minister may order the owner of a work constructed or placed in, on, over, under, through or across any navigable water that is listed in the schedule to repair, alter or remove it if he or she is satisfied that

  • (a) it interferes more with navigation at the time in question than it did when it was constructed or placed;

  • (b) it is causing or is likely to cause a serious and imminent danger to navigation; or

  • (c) its repair, alteration or removal is in the public interest.

• Marginal note:Works

  (2) The Minister may, if he or she is satisfied that it is necessary in the circumstances, order the owner to do any other thing with respect to the work.

• Marginal note:Owner’s expense

  (3) If the owner fails to comply with an order made under subsections (1) or (2), the Minister may cause the order to be carried out at the expense of the owner.

Marginal note:Statutory Instruments Act

14. 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.

OBSTRUCTIONS

Marginal note:Notice and indication of obstruction

• 15. (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.

Marginal note:Minister’s powers

• 16. (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.

Marginal note:Moving and sale

• 17. (1) The Minister may cause an obstruction in a navigable water — other than in a minor water — that is listed in the schedule or the wreck, vessel, part of a vessel or thing referred to in subsection 16(2) to be moved to a place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction, wreck, vessel, part of a vessel or thing or in securing, removing, destroying or selling it.

• Marginal note:Surplus

  (2) The Minister shall pay over all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction sold or to any other person that is entitled to the proceeds.

Marginal note:Costs constituting debt

• 18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or (4) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Recovery by Her Majesty

  (2) Such debts are recoverable from

  • (a) the person in charge of the obstruction at the time the obstruction was occasioned;

  • (b) any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued; or

  • (c) the person to whom the order referred to in subsection 16(2) is given.

• Marginal note:Application of moneys recovered

  (3) Any sum recovered under subsection (2) shall be paid into the Consolidated Revenue Fund.