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Canadian Navigable Waters Act (R.S.C., 1985, c. N-22)

Act current to 2019-11-19 and last amended on 2019-10-04. Previous Versions

Works (continued)

Major Works in any Navigable Water and Works in Navigable Waters Listed in Schedule (continued)

 [Repealed, 2012, c. 31, s. 318]

Marginal note:No interference with navigation

 If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning.

  • R.S., 1985, c. N-22, s. 6
  • 2009, c. 2, s. 322
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 49

Marginal note:Interference with navigation

  •  (1) If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and the owner may only construct, place, alter, rebuild, remove or decommission that work if the Minister issues an approval for the work.

  • Marginal note:Information

    (2) The owner must deposit any information specified by the Minister in any place specified by the Minister.

  • Marginal note:Notice

    (3) The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.

  • Marginal note:Comment period

    (4) The notice referred to in subsection (3) must invite interested persons to provide written comments on the owner’s proposal to the Minister within 30 days after publication of the notice or within any other period specified by the Minister.

  • Marginal note:Exemption

    (5) If the Minister is satisfied that the owner has already deposited sufficient information in a place specified by the Minister or published a sufficient notice, the Minister may exempt the owner from the application of subsection (2) or (3), as the case may be.

  • Marginal note:Approval

    (6) The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances.

  • Marginal note:Assessment — factors

    (7) In determining whether to issue the approval, the Minister must consider the following:

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

    • (b) the safety of navigation in that navigable water;

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

    • (d) the impact of the work on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use;

    • (e) the impact of the work, in combination with other works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact;

    • (f) any Indigenous knowledge that has been provided to the Minister;

    • (g) any comments that he or she receives from interested persons within the period provided for under subsection (4);

    • (h) the record of compliance of the owner under this Act; and

    • (i) any other information or factor that he or she considers relevant.

  • Marginal note:Additional information

    (8) For the purpose of determining whether to issue the approval, the Minister may require from the owner any additional information that the Minister considers appropriate.

  • Marginal note:Terms and conditions

    (9) The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to

    • (a) maintain the water level or water flow necessary for navigation purposes in a navigable water; or

    • (b) give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or in any other form that is satisfactory to the Minister.

  • Marginal note:Effect of approval

    (10) An approval issued under this section in relation to a work replaces any approval previously issued in relation to that work.

  • Marginal note:Contiguous area

    (11) The Minister may, in an approval, designate an area contiguous to a work that is necessary for the safety of persons and navigation and, for the purposes of the approval, that area is considered to be part of the work.

  • Marginal note:Compliance with requirements

    (12) The owner must comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.

  • Marginal note:Approval after activity begins

    (13) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction, placement, alteration, rebuilding, removal or decommissioning of a work after the construction, placement, alteration, rebuilding, removal or decommissioning begins or is completed.

  • R.S., 1985, c. N-22, s. 7
  • 2009, c. 2, s. 323
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 49

Marginal note:Transfer

 If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister.

  • R.S., 1985, c. N-22, s. 8
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 49

Marginal note:Amendment of approval

  •  (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.

  • Marginal note:Amendment resulting from order

    (2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.

  • Marginal note:Other amendments

    (3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers 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;

    • (c) the amendment of the approval is in the public interest; or

    • (d) the owner consents to the amendment.

  • Marginal note:Suspension or cancellation

    (4) 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:Notice

    (5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it.

  • R.S., 1985, c. N-22, s. 9
  • 1993, c. 41, s. 8
  • 2009, c. 2, s. 324
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 49

Works in Navigable Waters not Listed in Schedule

Marginal note:Notice

 An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if

  • (a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and

  • (b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister.

  • 2019, c. 28, s. 49
 
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