Navigation Protection Act (R.S.C., 1985, c. N-22)

Act current to 2019-06-20 and last amended on 2017-06-22. Previous Versions

Navigation Protection Act

R.S.C., 1985, c. N-22

An Act respecting the protection of navigable waters

Short Title

Marginal note:Short title

 This Act may be cited as the Navigation Protection Act.

  • R.S., 1985, c. N-22, s. 1
  • 2012, c. 31, s. 316

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

designated work

designated work means a minor work or a work that is constructed or placed in, on, over, under, through or across any minor water. (ouvrage désigné)

ferry cable

ferry cable[Repealed, 2012, c. 31, s. 317]

Minister

Minister means the Minister of Transport. (ministre)

minor water

minor water means any navigable water designated under paragraph 28(2)(b). (eaux secondaires)

minor work

minor work means any work designated under paragraph 28(2)(a). (ouvrage secondaire)

navigable water

navigable water includes a canal and any other body of water created or altered as a result of the construction of any work. (eaux navigables)

obstruction

obstruction means a vessel, or part of one, that is wrecked, sunk, partially sunk, lying ashore or grounded, or any thing, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle)

owner

owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work. It also includes a person who proposes to construct or place a work. (propriétaire)

person in charge

person in charge, with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser. (responsable)

Tribunal

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

vessel

vessel includes every description of ship, boat or craft of any kind, without regard to method or lack of propulsion and to whether it is used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment)

work

work includes any structure, device or thing, whether temporary or permanent, that is made by humans. It also includes the dumping of fill or the excavation of materials from the bed of any navigable water. (ouvrage)

  • R.S., 1985, c. N-22, s. 2
  • 2009, c. 2, s. 317
  • 2012, c. 31, s. 317

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

  • 2009, c. 2, s. 318

Works

Marginal note:Prohibition

 It is prohibited to construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule except in accordance with this Act or any other federal Act.

  • R.S., 1985, c. N-22, s. 3
  • 2009, c. 2, s. 320
  • 2012, c. 31, s. 318

Marginal note:Opt in

  •  (1) An owner of a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water, other than any navigable water that is listed in the schedule, may request that this Act be made applicable to the work as if it were a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule.

  • Marginal note:Request

    (2) The request shall be made to the Minister in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

  • Marginal note:Deeming

    (3) The Minister may accept the request if he or she considers that it is justified in the circumstances, in which case the work is deemed, for the purposes of this Act, to be a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule, as the case may be.

  • R.S., 1985, c. N-22, s. 4
  • 2009, c. 2, s. 321
  • 2012, c. 31, s. 318

Marginal note:Assessment by Minister

  •  (1) An owner who proposes to construct, place, alter, repair, rebuild, remove or decommission a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule shall give notice of the proposal to the Minister.

  • Marginal note:Notice

    (2) The notice shall be made in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

  • Marginal note:Application

    (3) Subsection (1) also applies even if the construction, placement, alteration, repair, rebuilding, removal or decommissioning of the work has begun or is completed before the Minister is notified under subsection (1).

  • Marginal note:Assessment — factors

    (4) In determining whether the work is likely to substantially interfere with navigation, the Minister shall, on receipt of the notice and the applicable fee, assess the proposal and in doing so shall take into account any relevant factor, including

    • (a) the characteristics of the navigable water in question;

    • (b) the safety of navigation;

    • (c) the current or anticipated navigation in that navigable water;

    • (d) the impact of the work on navigation in that navigable water, for example, as a result of its construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and

    • (e) the cumulative impact of the work on navigation in that navigable water.

  • Marginal note:Related works

    (5) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.

  • Marginal note:Minister’s powers

    (6) In determining whether the work is likely to substantially interfere with navigation, the Minister may require from the owner

    • (a) any additional information that the Minister considers appropriate; and

    • (b) the deposit of any information specified by the Minister in the local land registry or land titles office or in any other place specified by the Minister and the publication of a notice containing any information specified by the Minister in the Canada Gazette and in any other publication specified by the Minister.

  • Marginal note:Notice

    (7) The notice referred to in paragraph (6)(b) shall invite any interested person to provide written comments to the Minister within 30 days after its publication.

  • Marginal note:Assessment results

    (8) On completion of the assessment of the proposal, the Minister shall determine whether or not the work is likely to substantially interfere with navigation and shall so inform the owner.

  • Marginal note:Notice

    (9) If the work does not conform to the description that the owner provided in the notice referred to in subsection (1), the owner shall so notify the Minister. The Minister may then require that a new notice be given under that subsection.

  • R.S., 1985, c. N-22, s. 5
  • 2009, c. 2, s. 321
  • 2012, c. 31, s. 318

 [Repealed, 2012, c. 31, s. 318]

Marginal note:Approval

  •  (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is likely to substantially interfere with navigation only if the Minister has issued an approval for the work, which may be issued only if an application for the approval is submitted and the application is accompanied by the applicable fee.

  • Marginal note:Application for approval

    (2) The application for an approval shall be made in the form and manner, and contain the information, specified by the Minister.

  • Marginal note:Refusal

    (3) The Minister may refuse to issue an approval if he or she considers that the refusal is in the public interest, including by reason of the record of compliance of the owner under this Act.

  • Marginal note:Terms and conditions

    (4) The Minister may attach any term or condition that he or she considers appropriate to an approval including a requirement that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form that is satisfactory to the Minister.

  • Marginal note:Compliance with requirements

    (5) The owner shall comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.

  • Marginal note:Contiguous area

    (6) The Minister may, in an approval, designate an area contiguous with a work that is necessary for the safety of persons and navigation.

  • Marginal note:Transfer

    (7) An approval may only be transferred if written notice of the transfer is given to the Minister 30 days before the transfer takes place.

  • Marginal note:Approval after construction or placement begins

    (8) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction or placement of the work after its construction or placement begins or is completed.

  • R.S., 1985, c. N-22, s. 6
  • 2009, c. 2, s. 322
  • 2012, c. 31, s. 318
 
Date modified: