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

RELATED PROVISIONS

  • — 2012, c. 31, s. 332

    • Approvals
      • 332 (1) Every work in respect of which an approval was granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division is deemed to be approved under section 6 of the Navigation Protection Act, except if it is stated in the approval that the work interferes, other than substantially, with navigation, in which case the work is deemed to be validly constructed or placed in accordance with section 9 of the Navigation Protection Act.

      • Terms and conditions

        (2) Any term or condition imposed on an approval granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains in effect.

      • Designated works

        (3) Every work, the construction or placement of which was permitted under section 5.1 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division, is deemed to be validly constructed or placed in accordance with section 10 of the Navigation Protection Act.

      • Lawful works

        (4) A work referred to in subsection 4(1) or (2) or section 8 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains validly constructed or placed under the Navigation Protection Act.

      • Works — navigable waters

        (5) Every work referred to in subsection (1), (3) or (4) that is constructed or placed in, on, over, under, through or across any navigable water other than any navigable water listed in the schedule to the Navigation Protection Act is deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule.

      • Opt out

        (6) Subsection (5) does not apply to a work on receipt by the Minister of Transport of a notice to that effect. The notice shall be given by the owner, as defined in section 2 of the Navigation Protection Act, no later than five years after the coming into force of this Division.

  • — 2012, c. 31, s. 333

    • Request for approval not decided

      333 Every request for approval of a work submitted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division that has not been decided before that coming into force is deemed to be a notice referred to in subsection 5(1) of the Navigation Protection Act.

  • — 2012, c. 31, s. 334

    • Minor Works and Waters (Navigable Waters Protection Act) Order
      • 334 (1) The works established as classes of works in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor works designated under paragraph 28(2)(a) of the Navigation Protection Act until an order is made under that paragraph.

      • Terms and conditions

        (2) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor works referred to in subsection (1) is deemed to be made under paragraph 28(2)(c) of the Navigation Protection Act until an order is made under that paragraph.

      • Minor Works and Waters (Navigable Waters Protection Act) Order

        (3) The navigable waters established as classes of navigable waters in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor waters designated under paragraph 28(2)(b) of the Navigation Protection Act until an order is made under that paragraph.

      • Terms and conditions

        (4) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor waters referred to in subsection (3) is deemed to be made under paragraph 28(2)(d) of the Navigation Protection Act until an order is made under that paragraph.

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