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

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

Works (continued)

Works in Navigable Waters not Listed in Schedule (continued)

Marginal note:Application or notice

  •  (1) 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 must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:

    • (a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or

    • (b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.

  • Marginal note:Deeming

    (2) An application made under paragraph (1)(a) is deemed to be an application made under subsection 5(1) and, if an approval is issued under subsection 7(6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule.

  • Marginal note:Comment period

    (3) The notice referred to in paragraph (1)(b) must invite interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation.

  • R.S., 1985, c. N-22, s. 10
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 49

Marginal note:Attempt to resolve

  •  (1) If a comment that is provided to an owner under subsection 10(3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation.

  • Marginal note:Change to proposal

    (2) If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10(1)(b).

  • Marginal note:Request to Minister

    (3) If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work.

  • Marginal note:Decision by Minister

    (4) On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work.

  • Marginal note:Additional information

    (5) For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate.

  • Marginal note:Notice

    (6) The Minister must inform the owner and the person who made the request of his or her decision.

  • 2019, c. 28, s. 49

Marginal note:Work may commence

  •  (1) An owner who publishes a notice referred to in paragraph 10(1)(b) may only construct, place, alter, rebuild, remove or decommission the work

    • (a) if no comments are provided to the owner, or if comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends;

    • (b) if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of

      • (i) the day on which the comment period ends, and

      • (ii) the day on which all the concerns are resolved; or

    • (c) if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and

      • (i) no request is made under subsection 10.1(3), after the day on which the period referred to in that subsection ends, or

      • (ii) a request is made under subsection 10.1(3) and

        • (A) the Minister decides that the owner is not required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or

        • (B) the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval.

  • Marginal note:Prohibition

    (2) Despite subsection (1), an owner is prohibited from constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.

  • Marginal note:Change

    (3) For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10(1)(a) or deposit new information and publish a new notice in accordance with paragraph 10(1)(b).

  • 2019, c. 28, s. 49

Owner’s Duty

Marginal note:Notification

  •  (1) An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation.

  • Marginal note:Duty

    (2) The owner must, 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 its construction, placement, alteration, rebuilding, removal or decommissioning, 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.

  • 2019, c. 28, s. 49

Minister’s Powers

Marginal note:Emergency

  •  (1) Even if the application referred to in subsection 5(1) or paragraph 10(1)(a) has not yet been made, or the notice referred to in paragraph 10(1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to

    • (a) a matter of national security;

    • (b) a national emergency in respect of which special temporary measures are being taken under the Emergencies Act; or

    • (c) an emergency that

      • (i) poses a risk to public health, safety, the environment or property, or

      • (ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.

  • Marginal note:Approval

    (2) The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances.

  • 2019, c. 28, s. 49

Marginal note:Application

  •  (1) This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, 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 repair, alter or remove 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:Debt

    (3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada.

  • Marginal note:Surplus

    (4) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.

  • R.S., 1985, c. N-22, s. 11
  • 2009, c. 2, s. 325
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 50
 
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