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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

Marginal note:2009, c. 2, s. 335
  •  (1) Subsections 19(1) and (2) of the Act are replaced by the following:

    Marginal note:Order to remove vessel left anchored
    • 19. (1) If a vessel has been left anchored, moored or adrift in any navigable water — other than in any minor water — that is listed in the schedule so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the registered owner or other owner, managing owner, master, person in charge of the vessel or subsequent purchaser to secure it or remove it to a place that the Minister considers appropriate.

    • Marginal note:Failure to comply with order

      (2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may cause the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable from the person as a debt due to Her Majesty.

  • Marginal note:2009, c. 2, s. 335

    (2) Subsection 19(3) of the French version of the Act is replaced by the following:

Marginal note:2009, c. 2, s. 335

 Section 20 of the Act is replaced by the following:

Marginal note:Abandoned vessel

20. If any vessel or thing is wrecked, sunk, partially sunk, lying ashore, grounded or abandoned in any navigable water — other than in any minor water — that is listed in the schedule, the Minister may, under the restrictions that he or she considers appropriate, authorize any person to take possession of and remove the vessel, part of the vessel or thing for that person’s own benefit, on that person’s giving to the registered owner or other owner of the vessel or to the owner of the thing, if known, one month’s notice or, if the registered owner or other owner of the vessel or owner of the thing is not known, public notice for the same period in a publication specified by the Minister.

DEPOSIT AND DEWATERING

Marginal note:1998, c. 10, s. 189; 2009, c. 2, ss. 336 to 338

 Sections 22 to 30 of the Act are replaced by the following:

Marginal note:Throwing or depositing stone, etc., prohibited

22. No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish that is liable to sink to the bottom in any water, any part of which is navigable or flows into any navigable water, where there is not a minimum depth of 36 metres of water at all times, but nothing in this section shall be construed so as to permit the throwing or depositing of any substance in any part of a navigable water if it is prohibited by or under any other federal Act.

Marginal note:Dewatering

23. No person shall dewater any navigable water.

Marginal note:Exemption by order

24. The Governor in Council may, by order, exempt from any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if it is shown to the satisfaction of the Governor in Council that the exemption would be in the public interest.

Marginal note:Powers of certain persons

25. Sections 21, 22 and 26 do not affect the legal powers, rights or duties of harbour masters, port wardens, the person responsible for the management of the St. Lawrence Seaway or a port authority established under the Canada Marine Act in respect of materials that, under those sections, are not allowed to be deposited in navigable waters.

Marginal note:Dumping places

26. The Minister may designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres, and the Minister may make rules respecting the deposit of the materials.

AGREEMENTS AND ARRANGEMENTS

Marginal note:Agreements and arrangements

27. The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

REGULATIONS, ORDERS, INCORPORATION BY REFERENCE AND INTERIM ORDERS

Regulations and Orders

Marginal note:Regulations by Governor in Council
  • 28. (1) The Governor in Council may, for the purposes of this Act, make regulations

    • (a) respecting time limits for issuing approvals or for refusing to do so;

    • (b) prescribing fees, or the method of calculating fees, to be paid with the request referred to in section 4, to be paid for the assessment referred to in section 5, to be paid with the application referred to in section 6 and to be paid for any other service, right or privilege provided under this Act and respecting the payment of those fees;

    • (c) respecting the issuing, amendment, suspension and cancellation of approvals under section 6;

    • (d) respecting the water levels and water flow necessary for navigation;

    • (e) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule;

    • (f) respecting the designation of areas contiguous with works that are necessary for the safety of persons and navigation;

    • (g) respecting notification requirements in the case of a change in owner of a work;

    • (h) excluding any thing from the definition “obstruction” in section 2;

    • (i) designating any provision of this Act, of the regulations or of an order as a provision whose contravention may be proceeded with as a violation in accordance with sections 39.1 to 39.26;

    • (j) establishing a penalty, or a range of penalties, in respect of each violation;

    • (k) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

    • (l) classifying each violation as a minor violation, a serious violation or a very serious violation;

    • (m) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part;

    • (n) providing for a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner and providing, among other things, the circumstances in which the lesser amount may be set out in a notice of violation;

    • (o) prescribing anything that is to be prescribed under this Act; and

    • (p) for carrying out the purposes and provisions of this Act.

  • Marginal note:Minister’s power

    (2) The Minister may make an order

    • (a) designating any works as minor works;

    • (b) designating, as minor waters, any of the navigable waters, in whole or in part, that are listed in the schedule;

    • (c) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule; and

    • (d) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any minor waters.

  • Marginal note:Classes

    (3) A regulation or order made under this section may establish classes and distinguish among those classes.

  • Marginal note:Conflict

    (4) If there is a conflict between a regulation made under paragraph (1)(e) and an order made under paragraph (2)(c), the regulation prevails.

  • Marginal note:Exemption from Statutory Instruments Act

    (5) An order made under subsection (2) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. However, it shall be published in the Canada Gazette within 23 days after the day on which it is made.

Definition of “local authority”

  • 29. (1) For the purposes of this section, “local authority” means the government of a municipality, any other government constituted under the laws of a province or a department of a provincial government.

  • Marginal note:Addition to schedule

    (2) The Governor in Council may, by regulation, amend the schedule by adding to it a reference to a navigable water if the Governor in Council is satisfied that the addition

    • (a) is in the national or regional economic interest;

    • (b) is in the public interest; or

    • (c) was requested by a local authority.

  • Marginal note:Minister’s recommendation

    (3) The Minister may recommend the addition of a reference to a navigable water to the schedule at the request of a local authority only if the Minister is satisfied that the local authority meets the criteria specified by the Minister.

  • Marginal note:Other amendment of schedule

    (4) The Governor in Council may, by regulation, amend the schedule by amending or deleting a reference to a navigable water.

Incorporation by Reference

Marginal note:Incorporation by reference
  • 30. (1) A regulation or order made under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

 
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