Canadian Navigable Waters Act

Marginal note:Application — works under Acts or orders

• 4 (1) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to any work constructed under the authority of

  • (a) an Act of Parliament or an order of the Governor in Council, if the work was constructed before the coming into force of this subsection;

  • (b) an Act of the legislature of a province or an order of the lieutenant governor in council of a province, if the work was constructed before the coming into force of this subsection;

  • (c) an Act of the legislature of a colony of Great Britain of which at least some portion now forms part of Canada; or

  • (d) Her Majesty in respect of such a colony.

• Marginal note:Application — works owned or transferred

  (2) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to

  • (a) works that are owned by Her Majesty in right of Canada or a province on the day on which this subsection comes into force; or

  • (b) works whose ownership was transferred before the day on which this subsection comes into force to another person by Her Majesty in right of Canada or a province or in respect of a colony of Great Britain of which at least some portion now forms part of Canada.

• Marginal note:Ministerial order

  (3) The Minister may order an owner of a work referred to in subsection (1) or (2) to alter or remove the work or to comply with any terms and conditions that the Minister, as he or she considers appropriate, may impose if the Minister 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 alteration or removal or the terms and conditions are in the public interest.

• Marginal note:Minister’s powers

  (4) If the owner of the work fails to comply with an order given under subsection (3), the Minister may remove and destroy the work and sell, give away or otherwise dispose of the materials contained in the work.

• Marginal note:Costs of removal, destruction or disposal

  (5) If the Minister removes, destroys or disposes of a work under subsection (4), the costs of and incidental to the removal, destruction or disposal, after deducting any sum that may be realized by sale or otherwise, are recoverable with costs in the name of Her Majesty in right of Canada from the owner.