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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)

Minister’s Powers (continued)

 [Repealed, 2012, c. 31, s. 318]

 [Repealed, 2012, c. 31, s. 318]

 [Repealed, 2019, c. 28, s. 51]

Marginal note:Repair, alteration or removal

  •  (1) The Minister may order the owner of a work in, on, over, under, through or across any navigable water to repair, alter or remove it if he or she considers 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:Failure to comply

    (3) If the owner fails to comply with an order made under subsection (1) or (2), the Minister may do any thing with respect to the work that he or she considers appropriate.

  • Marginal note:Debt

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

  • Marginal note:Surplus

    (5) 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. 13
  • 2009, c. 2, s. 328
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 52

Designation of Areas

Marginal note:Designation

 The Governor in Council may, by order, designate areas where no work may be constructed or placed.

  • 2004, c. 15, s. 95
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 53

General

Marginal note:Statutory Instruments Act

 For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 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.

  • R.S., 1985, c. N-22, s. 14
  • 2009, c. 2, s. 330
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 53

 [Repealed, 2012, c. 31, s. 318]

Obstructions

Marginal note:Non-application

 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.

  • 2019, c. 1, s. 137
  • 2019, c. 28, s. 195

Marginal note:Obstruction

  •  (1) The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister.

  • Marginal note:Measures

    (2) Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must

    • (a) 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; and

    • (b) immediately begin its removal and carry on the removal diligently to completion.

  • Marginal note:Minister’s powers

    (3) The Minister may order the person in charge of an obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction.

  • Marginal note:Failure to comply

    (4) If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate.

  • R.S., 1985, c. N-22, s. 15
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 2009, c. 2, s. 331
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 54

Marginal note:Potential obstruction

  •  (1) The Minister may order the person in charge of a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction.

  • Marginal note:Failure to comply

    (2) If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate.

  • 2019, c. 28, s. 54

Marginal note:Minister’s powers

 If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate.

  • 2019, c. 28, s. 54

Marginal note:Property belonging to Her Majesty

  •  (1) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other 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

    (2) If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate.

  • R.S., 1985, c. N-22, s. 16
  • 2009, c. 2, s. 332
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 54

Marginal note:Sale

  •  (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16(1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be.

  • Marginal note:Surplus

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

  • R.S., 1985, c. N-22, s. 17
  • 2009, c. 2, s. 333
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 54

Marginal note:Debt

  •  (1) The amount of the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2) 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;

    • (b.1) the person in charge of the potential obstruction at the time potential obstruction was identified;

    • (b.2) any person through whose act or fault or through the act or fault of whose servant the potential obstruction was occasioned or continued; or

    • (c) the person to whom the order referred to in subsection 16(1) is given.

  • R.S., 1985, c. N-22, s. 18
  • 2009, c. 2, s. 334
  • 2012, c. 31, s. 318
  • 2019, c. 28, s. 54
 
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