Canadian Navigable Waters Act

Marginal note:Application

• 11 (1) This section applies to any work that is constructed, placed, altered, repaired, rebuilt, removed, decommissioned, 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 remove or alter 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:Costs of removal or disposal

  (3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c), after deducting from that amount any sum that may be realized by sale or otherwise, is recoverable with costs in the name of Her Majesty from the owner.