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

Deposit and Dewatering (continued)

Marginal note:Powers of certain persons

 Sections 21, 22 and 26 do not affect the legal powers, rights or duties of harbour masters, port wardens, the person responsible for the management of the St. Lawrence Seaway or a port authority established under the Canada Marine Act in respect of materials that, under those sections, are not allowed to be deposited in navigable waters.

  • R.S., 1985, c. N-22, s. 25
  • 2012, c. 31, s. 321

Marginal note:Dumping places

 The Minister may designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres, and the Minister may make rules respecting the deposit of the materials.

  • R.S., 1985, c. N-22, s. 26
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 2009, c. 2, s. 336
  • 2012, c. 31, s. 321

Agreements and Arrangements

Marginal note:Agreements and arrangements

 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

  • R.S., 1985, c. N-22, s. 27
  • 2009, c. 2, s. 336
  • 2012, c. 31, s. 321

Marginal note:Agreement — cost recovery

  •  (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 28(1)(b) could prescribe a fee.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 28(1)(b) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

  • Marginal note:Spending

    (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

  • 2017, c. 20, s. 314

Regulations, Orders, Incorporation by Reference and Interim Orders

Regulations and Orders

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

Definition of local authority

  •  (1) For the purposes of this section, local authority means the government of a municipality, any other government constituted under the laws of a province or a department of a provincial government.

  • Marginal note:Addition to schedule

    (2) The Governor in Council may, by regulation, amend the schedule by adding to it a reference to a navigable water if the Governor in Council is satisfied that the addition

    • (a) is in the national or regional economic interest;

    • (b) is in the public interest; or

    • (c) was requested by a local authority.

  • Marginal note:Minister’s recommendation

    (3) The Minister may recommend the addition of a reference to a navigable water to the schedule at the request of a local authority only if the Minister is satisfied that the local authority meets the criteria specified by the Minister.

  • Marginal note:Other amendment of schedule

    (4) The Governor in Council may, by regulation, amend the schedule by amending or deleting a reference to a navigable water.

  • R.S., 1985, c. N-22, s. 29
  • 2009, c. 2, s. 337
  • 2012, c. 31, s. 321
 
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