Canadian Navigable Waters Act

Marginal note:Addition to schedule

• 29 (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.