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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

Agreements and Arrangements

Marginal note:Agreements and arrangements

 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 other federal minister, 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.

  • R.S., 1985, c. N-22, s. 27
  • 2009, c. 2, s. 336
  • 2012, c. 31, s. 321
  • 2019, c. 28, s. 59

Marginal note:Agreement — cost recovery

  •  (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 28(1)(b) could prescribe a fee.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 28(1)(b) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

  • Marginal note:Spending

    (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

  • 2017, c. 20, s. 314

Regulations, Orders, Incorporation by Reference and Interim Orders

Regulations and Orders

Marginal note:Regulations by Governor in Council

  •  (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) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees;

    • (c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;

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

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

    • (e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3);

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

    • (f.1) respecting places in any navigable water where stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;

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

    • (g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2;

    • (g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent;

    • (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 that are likely to slightly interfere with navigation as minor works;

    • (b) designating any works that are likely to substantially interfere with navigation as major works; and

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

    • (d) [Repealed, 2019, c. 28, s. 61]

  • 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.

  • (5) [Repealed, 2019, c. 28, s. 61]

  • R.S., 1985, c. N-22, s. 28
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 2009, c. 2, s. 336
  • 2012, c. 31, s. 321
  • 2019, c. 28, s. 61

Marginal note:Addition to schedule

  •  (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:

    • (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;

    • (b) the physical characteristics of the navigable water;

    • (c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;

    • (d) the safety of navigation in the navigable water;

    • (e) the past, current or anticipated navigation in the navigable water;

    • (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

    • (g) the cumulative impact of works on navigation in the navigable water.

  • Marginal note:Request — addition

    (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.

  • Marginal note:Other amendment of schedule

    (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.

  • R.S., 1985, c. N-22, s. 29
  • 2009, c. 2, s. 337
  • 2012, c. 31, s. 321
  • 2019, c. 28, s. 62

Incorporation by Reference

Marginal note:Incorporation by reference

  •  (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.

  • R.S., 1985, c. N-22, s. 30
  • 2009, c. 2, s. 338
  • 2012, c. 31, s. 321
 
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