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Canadian Navigable Waters Act (R.S.C., 1985, c. N-22)

Act current to 2021-10-07 and last amended on 2019-10-04. Previous Versions

Regulations, Orders, Incorporation by Reference and Interim Orders (continued)

Regulations and Orders (continued)

Marginal note:Addition to schedule

  •  (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:

    • (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;

    • (b) the physical characteristics of the navigable water;

    • (c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;

    • (d) the safety of navigation in the navigable water;

    • (e) the past, current or anticipated navigation in the navigable water;

    • (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

    • (g) the cumulative impact of works on navigation in the navigable water.

  • Marginal note:Request — addition

    (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.

  • Marginal note:Other amendment of schedule

    (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.

Incorporation by Reference

Marginal note:Incorporation by reference

  •  (1) A regulation or order made under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Accessibility

    (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • R.S., 1985, c. N-22, s. 30
  • 2009, c. 2, s. 338
  • 2012, c. 31, s. 321

 [Repealed, 2009, c. 2, s. 339]

Interim Orders

Marginal note:Interim orders

  •  (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.

  • Marginal note:Cessation of effect

    (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) 14 days after it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

    • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

  • Marginal note:Contravention of unpublished order

    (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

  • Marginal note:Exemption from Statutory Instruments Act

    (4) An interim order

  • Marginal note:Deeming

    (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

  • Marginal note:Tabling of order

    (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

  • 2004, c. 15, s. 96
  • 2012, c. 31, s. 322

Administration and Enforcement

Designation

Marginal note:Designation

 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.

  • 2009, c. 2, s. 340
  • 2012, c. 31, s. 323

Powers

Marginal note:Authority to enter

  •  (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.

  • Marginal note:Certification

    (2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.

  • Marginal note:Powers

    (3) The designated person may, for the purposes referred to in subsection (1),

    • (a) examine the place and anything in the place;

    • (b) remove any document or other thing from the place for examination or, in the case of a document, copying;

    • (c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;

    • (d) prohibit or limit access to the place for as long as specified;

    • (e) take photographs and make video recordings and sketches;

    • (f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying;

    • (h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents; and

    • (i) order any person in the place to establish their identity to the designated person’s satisfaction.

  • Marginal note:Persons accompanying designated person

    (3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entry — private property

    (4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.

 
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