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Canadian Navigable Waters Act

Version of section 28 from 2014-04-01 to 2019-08-27:


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) prescribing fees, or the method of calculating fees, to be paid with the request referred to in section 4, to be paid for the assessment referred to in section 5, to be paid with the application referred to in section 6 and to be paid for any other service, right or privilege provided under this Act and respecting the payment of those fees;

    • (c) respecting the issuing, amendment, suspension and cancellation of approvals under section 6;

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

    • (e) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule;

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

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

    • (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 as minor works;

    • (b) designating, as minor waters, any of the navigable waters, in whole or in part, that are listed in the schedule;

    • (c) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule; and

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

  • 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.

  • Marginal note:Exemption from Statutory Instruments Act

    (5) An order made under subsection (2) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. However, it shall be published in the Canada Gazette within 23 days after the day on which it is made.

  • 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
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