Canadian Navigable Waters Act
Marginal note:Interference with navigation
7 (1) If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and the owner may only construct, place, alter, rebuild, remove or decommission that work if the Minister issues an approval for the work.
(2) The owner must deposit any information specified by the Minister in any place specified by the Minister.
(3) The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.
Marginal note:Comment period
(4) The notice referred to in subsection (3) must invite interested persons to provide written comments on the owner’s proposal to the Minister within 30 days after publication of the notice or within any other period specified by the Minister.
(5) If the Minister is satisfied that the owner has already deposited sufficient information in a place specified by the Minister or published a sufficient notice, the Minister may exempt the owner from the application of subsection (2) or (3), as the case may be.
(6) The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances.
Marginal note:Assessment — factors
(7) In determining whether to issue the approval, the Minister must consider the following:
(a) the characteristics of the navigable water in question;
(b) the safety of navigation in that navigable water;
(c) the current or anticipated navigation in that navigable water;
(d) the impact of the work on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use;
(e) the impact of the work, in combination with other works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact;
(f) any Indigenous knowledge that has been provided to the Minister;
(g) any comments that he or she receives from interested persons within the period provided for under subsection (4);
(h) the record of compliance of the owner under this Act; and
(i) any other information or factor that he or she considers relevant.
Marginal note:Additional information
(8) For the purpose of determining whether to issue the approval, the Minister may require from the owner any additional information that the Minister considers appropriate.
Marginal note:Terms and conditions
(9) The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to
(a) maintain the water level or water flow necessary for navigation purposes in a navigable water; or
(b) give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or in any other form that is satisfactory to the Minister.
Marginal note:Effect of approval
(10) An approval issued under this section in relation to a work replaces any approval previously issued in relation to that work.
Marginal note:Contiguous area
(11) The Minister may, in an approval, designate an area contiguous to a work that is necessary for the safety of persons and navigation and, for the purposes of the approval, that area is considered to be part of the work.
Marginal note:Compliance with requirements
(12) The owner must comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.
Marginal note:Approval after activity begins
(13) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction, placement, alteration, rebuilding, removal or decommissioning of a work after the construction, placement, alteration, rebuilding, removal or decommissioning begins or is completed.
- R.S., 1985, c. N-22, s. 7
- 2009, c. 2, s. 323
- 2012, c. 31, s. 318
- 2019, c. 28, s. 49
- Date modified: