Marginal note:2009, c. 2, s. 340

• 329. (1) Subsection 40(1) of the Act is replaced by the following:

  Marginal note:Offence

  • 40. (1) Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person

    • (a) contravenes section 3;

    • (b) does not give the notice required under subsection 5(1) or (9) or 12(1) or paragraph 15(1)(a);

    • (c) contravenes subsection 6(5), 9(4), 10(2) or 15(3), section 21, 22, 23 or 35 or subsection 37(1) or (2);

    • (d) contravenes an order given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2), 16(1) or (2) or 19(1);

    • (e) does not take the measures required under subsection 12(2) or paragraph 15(1)(b);

    • (f) contravenes a regulation or order made under section 28; or

    • (g) contravenes an interim order made under section 32.

• Marginal note:2009, c. 2, s. 340

  (2) Subsection 40(2) of the French version of the Act is replaced by the following:

  • Marginal note:Amende

    (2) Dans le cas où des matières visées à l’article 22 ont été jetées d’un bâtiment ou déposées par un bâtiment et qu’une déclaration de culpabilité a été obtenue à cet égard, le bâtiment est passible de l’amende imposée et peut être détenu par un gardien de port ou par le chef du service des douanes de tout port jusqu’au paiement de l’amende.

• (3) Section 40 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Officers, etc., of corporations

    (4) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Duty to ensure compliance

    (5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

Marginal note:2009, c. 2, s. 340

330. The heading “PART V” after section 40 of the Act is repealed.

331. The Act is amended by adding, after section 41, the schedule set out in Schedule 2 to this Act.

Transitional Provisions

Marginal note:Approvals

• 332. (1) Every work in respect of which an approval was granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division is deemed to be approved under section 6 of the Navigation Protection Act, except if it is stated in the approval that the work interferes, other than substantially, with navigation, in which case the work is deemed to be validly constructed or placed in accordance with section 9 of the Navigation Protection Act.

• Marginal note:Terms and conditions

  (2) Any term or condition imposed on an approval granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains in effect.

• Marginal note:Designated works

  (3) Every work, the construction or placement of which was permitted under section 5.1 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division, is deemed to be validly constructed or placed in accordance with section 10 of the Navigation Protection Act.

• Marginal note:Lawful works

  (4) A work referred to in subsection 4(1) or (2) or section 8 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains validly constructed or placed under the Navigation Protection Act.

• Marginal note:Works — navigable waters

  (5) Every work referred to in subsection (1), (3) or (4) that is constructed or placed in, on, over, under, through or across any navigable water other than any navigable water listed in the schedule to the Navigation Protection Act is deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule.

• Marginal note:Opt out

  (6) Subsection (5) does not apply to a work on receipt by the Minister of Transport of a notice to that effect. The notice shall be given by the owner, as defined in section 2 of the Navigation Protection Act, no later than five years after the coming into force of this Division.

Marginal note:Request for approval not decided

333. Every request for approval of a work submitted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division that has not been decided before that coming into force is deemed to be a notice referred to in subsection 5(1) of the Navigation Protection Act.

Marginal note:Minor Works and Waters (Navigable Waters Protection Act) Order

• 334. (1) The works established as classes of works in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor works designated under paragraph 28(2)(a) of the Navigation Protection Act until an order is made under that paragraph.

• Marginal note:Terms and conditions

  (2) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor works referred to in subsection (1) is deemed to be made under paragraph 28(2)(c) of the Navigation Protection Act until an order is made under that paragraph.

• Marginal note:Minor Works and Waters (Navigable Waters Protection Act) Order

  (3) The navigable waters established as classes of navigable waters in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor waters designated under paragraph 28(2)(b) of the Navigation Protection Act until an order is made under that paragraph.

• Marginal note:Terms and conditions

  (4) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor waters referred to in subsection (3) is deemed to be made under paragraph 28(2)(d) of the Navigation Protection Act until an order is made under that paragraph.

Repeal

Marginal note:Repeal

335. The Minor Works and Waters (Navigable Waters Protection Act) Order is repealed.

Consequential Amendments

R.S., c. H-1Harbour Commissions Act

336. Section 33 of the Harbour Commissions Act is replaced by the following:

R.S., c. N-7National Energy Board Act

Marginal note:2012, c.19, s. 69

337. The definition “navigable water” in section 2 of the National Energy Board Act is replaced by the following:

Marginal note:1990, c. 7, s. 23

338. Subsection 58.3(1) of the Act is replaced by the following:

Marginal note:1990, c. 7, s. 27

339. Section 109 of the Act is replaced by the following:

R.S., c. 32 (4th Supp.)Railway Safety Act

340. The heading before section 5 of the English version of the Railway Safety Act is replaced by the following:

341. Section 5 of the Act is replaced by the following:

1998, c. 10Canada Marine Act

Marginal note:2008, c. 21, s. 26

342. Section 47 of the Canada Marine Act is replaced by the following:

Marginal note:2008, c. 21, s. 40

343. Section 73 of the Act is replaced by the following:

Marginal note:2008, c. 21, s. 47

344. Section 101 of the Act is replaced by the following:

2001, c. 29Transportation Appeal Tribunal of Canada Act

Marginal note:2008, c. 21, s. 65

345. Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

2002, c. 18Canada National Marine Conservation Areas Act

Marginal note:2001, c. 26, s. 322(3)

346. Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:

2005, c. 37Highway 30 Completion Bridges Act

347. Section 5 of the Highway 30 Completion Bridges Act is replaced by the following:

2004, c. 15Related Amendment to the Public Safety Act, 2002

348. Section 94 of the Public Safety Act, 2002 is repealed.

Coordinating Amendments

Marginal note:2012, c. 19

• 349. (1) In this section, “other Act” means the Jobs, Growth and Long-term Prosperity Act.

• (2) On the first day on which both section 87 of the other Act and section 316 of this Act are in force,

  • (a) section 58.301 of the National Energy Board Act is replaced by the following:

    Marginal note:Power lines not works

    58.301 Despite the definition “work” in section 2 of the Navigation Protection Act, neither an interprovincial power line in respect of which an order made under section 58.4 is in force nor an international power line is a work to which that Act applies.

  • (b) subsection 58.304(1) of the National Energy Board Act is replaced by the following:

    Marginal note:Existing terms and conditions

    • 58.304 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before the coming into force of this section, imposed under section 58.29 or 108, as that section read from time to time before the coming into force of this section — or imposed by the Minister of Transport under the Navigation Protection Act — apply as if they were terms and conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.

• (3) If section 87 of the other Act comes into force before section 338 of this Act, then that section 338 is repealed.

• (4) If section 87 of the other Act comes into force on the same day as section 338 of this Act, then that section 338 is deemed to have come into force before that section 87.

• (5) On the first day on which both section 91 of the other Act and section 316 of this Act are in force, section 111 of the National Energy Board Act is replaced by the following:

  Marginal note:Pipeline not work

  111. Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

• (6) If section 91 of the other Act comes into force before section 339 of this Act, then that section 339 is repealed.

• (7) If section 91 of the other Act comes into force on the same day as section 339 of this Act, then that section 339 is deemed to have come into force before that section 91.

• (8) On the first day on which both section 116 of the other Act and section 316 of this Act are in force, the definition “navigable water” in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

  “navigable water”

  « eaux navigables »

  “navigable water” has the same meaning as in section 2 of the Navigation Protection Act;

• (9) On the first day on which both section 119 of the other Act and section 316 of this Act are in force,

  • (a) section 5.013 of the Canada Oil and Gas Operations Act is replaced by the following:

    Marginal note:Pipeline not work

    5.013 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.

  • (b) section 5.015 of the Canada Oil and Gas Operations Act is replaced by the following:

    Marginal note:Existing terms and conditions

    5.015 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.