Canadian Navigable Waters Act

Marginal note:Amendment of approval

• 11.1 (1) Subject to subsection (3), the Minister may amend an approval of a work if he or she is satisfied that

  • (a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

  • (b) the amendment is in the public interest.

• Marginal note:Suspension or cancellation

  (2) Subject to subsection (3), the Minister may suspend or cancel an approval if he or she is satisfied that

  • (a) the work is not being or has not been built, placed, maintained, operated, used or removed in accordance with the plans, the regulations or with any terms and conditions in the approval;

  • (b) the approval was obtained by a fraudulent or improper means or a misrepresentation of a material fact;

  • (c) the owner of the work has not paid a fine imposed under this Act;

  • (d) the owner of the work has contravened a provision of this Act or the regulations; or

  • (e) the suspension or cancellation is in the public interest, including that it is warranted by the record of compliance of the owner or of a principal of the owner under this Act.

• Marginal note:Notice

  (3) Before amending, suspending or cancelling an approval of a work, the Minister shall give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, suspension or cancellation.