Minor Works Order (SOR/2021-170)

Whereas the Minister of Transport is of the opinion that the works set out in the annexed Order are likely to slightly interfere with navigation;

Therefore, the Minister of Transport, pursuant to subsection 28(2)Footnote ^a of the Canadian Navigable Waters ActFootnote ^b, makes the annexed Minor Works Order.

• Return to footnote ^aS.C. 2019, c. 28, ss. 61(4) and (5)

• Return to footnote ^bR.S., c. N-22; S.C. 2012, c. 31, s. 316; S.C. 2019, c. 28, s. 46

Ottawa, June 28, 2021

Le ministre des Transports, Omar Alghabra Minister of Transport

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in this Order.

  Act

  Act means the Canadian Navigable Waters Act. (Loi)

  aerial cables

  aerial cables means cables that are in the air and includes the towers and poles from which they are suspended. (câbles aériens)

  charted navigable water

  charted navigable water means a navigable water for which nautical charts are produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States. (eaux navigables cartographiées)

  erosion-protection work

  erosion-protection work means any stones, rocks, concrete, logs or other common building materials or living plants placed to protect the bank of a navigable water from erosion. (ouvrages de protection contre l’érosion)

  navigation channel

  navigation channel means a channel represented on a nautical chart produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States or a channel for which markers have been placed by a federal, provincial or municipal government or by a port authority, as defined in subsection 2(1) of the Canada Marine Act. (chenal de navigation)

  navigation route

  navigation route means a channel, other than a navigation channel, formed by the connection of the deep sections of a navigable water that, based on local knowledge, is predominantly used by vessels for navigation purposes. (voie de navigation)

• Marginal note:Interpretation

  (2) In this Order, submarine cables includes concrete blocks, concrete mattresses and any other objects attached to, laid on or placed under submarine cables to hold them in place or to protect them from being damaged.

Marginal note:Measurements — length or width of minor work

• 2 (1) Unless otherwise indicated, any length or width of a minor work referred to in this Order is measured from the ordinary high water mark at the site where the minor work is situated.

• Marginal note:Measurements — width of navigable water

  (2) Unless otherwise indicated, any width of a navigable water referred to in this Order is measured from the ordinary high water mark on one side of the navigable water to the ordinary high water mark on the other side of the navigable water at the site where the minor work is situated.

• Marginal note:Measurements — depth or height

  (3) Unless otherwise indicated, any depth or height referred to in this Order is measured from the ordinary high water level at the site where the minor work is situated.

General

Marginal note:Application

• 3 (1) Subsections (2) and (3) apply to the following minor works:

  • (a) erosion-protection works referred to in subsection 12(1);

  • (b) aerial cables referred to in subsection 16(1);

  • (c) submarine cables referred to in section 17;

  • (d) buried pipelines referred to in section 19;

  • (e) outfalls and water intakes referred to in section 26;

  • (f) dredging referred to in section 28; and

  • (g) watercourse crossings referred to in section 34.

• Marginal note:Deposit of information

  (2) Before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work, the owner must deposit information in the registry established under section 27.2 of the Act describing the proposed activity and the minor work’s location.

• Marginal note:Publication of notice

  (3) Before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work, the owner must publish a notice in accordance with the requirements set out on the Internet site maintained by the Government of Canada entitled Navigation Protection Program External Submission Site under the heading “Create a Notification of a Minor Work”, as amended from time to time, unless the proposed minor work has gone through a federal or provincial review process.

Marginal note:Prior notification of Canadian Coast Guard

4 At least 48 hours before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work in, on, over, under, through or across a charted navigable water, the owner of the minor work must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which the activity is expected to begin.

Marginal note:Buoys

5 A buoy referred to in this Order must meet the following criteria:

• (a) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high;

• (b) the buoy, including its anchor, remains in position after it has been anchored; and

• (c) the buoy complies with the requirements set out in the section entitled “Floating Aids to Navigation (Buoys)” of TP 968, entitled Canadian Aids to Navigation System and published by the Canadian Coast Guard, as amended from time to time.

Marginal note:Requirements

6 During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a minor work, the owner of the minor work must ensure

• (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of the minor work, that a suitable means, such as a portage, exists to allow vessels to resume navigation upstream and downstream of the work site;

• (b) that the perimeter of the work site is visible from sunset to sunrise and during periods of restricted visibility by the placement of

  • (i) yellow flashing lights,

  • (ii) cautionary buoys with retro-reflective material, or

  • (iii) cautionary buoys with yellow flashing lights; and

• (c) that any cable or pipe that is in, on, over, through or across the navigable water is not left unattended unless

  • (i) the cable or pipe is lying on the bed of the navigable water, or

  • (ii) the cable meets the requirements referred to in paragraph 16(1)(e).

Marginal note:Application

• 7 (1) Subsection (2) applies to the following minor works:

  • (a) erosion-protection works referred to in subsection 12(1);

  • (b) aerial cables referred to in subsection 16(1);

  • (c) buried pipelines referred to in section 19; and

  • (d) watercourse crossings referred to in section 34.

• Marginal note:Requirements

  (2) During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a minor work, the owner of the minor work must ensure that navigators are notified of the work site both upstream and downstream of the work site by one of the following means:

  • (a) signs stating “Construction Ahead” and “Travaux de construction”, legible from a distance of at least 50 m;

  • (b) a vessel tasked with notifying navigators; or

  • (c) cautionary buoys.

Marginal note:Notification on completion

8 On completion of the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work in, on, over, under, through or across a charted navigable water, the owner of the minor work must, in writing, notify:

• (a) a Canadian Coast Guard Marine Communications and Traffic Services Centre; and

• (b) the Canadian Hydrographic Service.

Designations

Temporary Works

Marginal note:Designation — temporary works

9 A work that meets the following criteria is designated as a minor work:

• (a) the work is installed exclusively for the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of another minor work;

• (b) the work is not situated in, on, over, under, through or across a navigation channel or, if there is no navigation channel, a navigation route; and

• (c) the work does not occupy more than one-third of the width of the navigable water.

Marginal note:Removal

10 The owner of a work that is designated as a minor work under section 9 must ensure that it is removed on completion of the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of the minor work for which it was installed.

Marginal note:Bed contours of navigable water

11 If the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a work that is designated, or intended to be designated, as a minor work under section 9 disturbs the bed contours of a navigable water to the point of interfering or likely to interfere with navigation, the owner of the work must ensure, on completion of the removal of the work, that the bed contours of the navigable water do not and are not likely to interfere with navigation.

Erosion-Protection Works

Marginal note:Designation — erosion-protection works

• 12 (1) An erosion-protection work that meets the following criteria is designated as a minor work:

  • (a) the erosion-protection work is integrated with and follows the bank of the navigable water;

  • (b) if the submerged part of the erosion-protection work extends horizontally into the navigable water further than the non-submerged part of the erosion-protection work, the submerged part is integrated with and follows the slope of the bed of the navigable water;

  • (c) the erosion-protection work does not extend horizontally more than 5 m into the navigable water;

  • (d) the erosion-protection work does not occupy more than one-third of the width of the navigable water;

  • (e) the erosion-protection work is not associated with an existing or proposed work, unless the existing or proposed work is a minor work; and

  • (f) the erosion-protection work does not include groynes or other structures to deflect the current.

• Marginal note:Definition of groyne

  (2) In this section, groyne means a structure built out from the bank of a navigable water in a direction transverse to the current in order to prevent erosion of the bank.

Docks and Boathouses

Marginal note:Definitions

13 The following definitions apply in section 14.

dock

dock includes a wharf, a pier and a jetty. (quai)

similar

similar means used for the same purpose — commercial or recreational — and under the same type of ownership — public or private. (similaire)

Marginal note:Designation — docks and boathouses

14 A dock or boathouse that meets the following criteria is designated as a minor work:

• (a) the dock or boathouse is situated 5 m or more from the adjacent property boundaries and property line extensions;

• (b) the dock or boathouse is situated more than 10 m from any work that is situated in, on, over, through or across the navigable water and is not owned by the owner of the dock or boathouse;

• (c) the dock or boathouse is situated 30 m or more from a navigation channel or, if there is no navigation channel, is not situated in, on, over, through or across a navigation route;

• (d) the dock or boathouse does not extend horizontally into, onto, over, through or across the navigable water

  • (i) more than the length of a similar dock or boathouse situated 100 m or less, on the same bank, from the dock or boathouse, to a maximum length of 50 m, or

  • (ii) more than 30 m, in any other case;

• (e) the dock or boathouse does not occupy more than one-third of the width of the navigable water;

• (f) the dock or boathouse is not associated with an existing or proposed work, unless the existing or proposed work is a minor work; and

• (g) the dock or boathouse is not used for float planes or other aircraft equipped with floats.

Slipways and Boat-Launching Ramps

Marginal note:Designation — slipways and boat-launching ramps

15 A slipway or boat-launching ramp that meets the following criteria is designated as a minor work:

• (a) the slipway or boat-launching ramp does not include a marine railway;

• (b) the slipway or boat-launching ramp is situated 5 m or more from the adjacent property boundaries and property line extensions;

• (c) the portion of the slipway or boat-launching ramp that is situated below the ordinary high water mark lies on the bed of the navigable water; and

• (d) the slipway or boat-launching ramp is not associated with an existing or proposed work, unless the existing or proposed work is a minor work.

Aerial Cables

Marginal note:Designation — aerial cables

• 16 (1) An aerial cable that meets the following criteria is designated as a minor work:

  • (a) the cable is used exclusively for power or telecommunication purposes;

  • (b) the cable is not over or across a charted navigable water or a navigation channel;

  • (c) the cable is not over or across a Canadian heritage river or a river, harbour or historic canal, as defined in section 2 of the Historic Canals Regulations, that is maintained by the Government of Canada;

  • (d) the towers and poles are not in the area between the ordinary high water marks on each side of the navigable water; and

  • (e) the cable meets the requirements of section 5.3.3 of Overhead Systems, CAN/CSA C22.3 No. 1, as amended from time to time.

• Marginal note:Amendments to the standard

  (2) Amendments to one language version of the standard referred to in paragraph (1)(e) are not incorporated by reference until the corresponding amendments are published in the other language version.

Submarine Cables

Marginal note:Designation — submarine cables

17 A submarine cable that meets the following criteria is designated as a minor work:

• (a) the submarine cable is used exclusively for power or telecommunication purposes;

• (b) the submarine cable lies on or is buried under the bed of the navigable water;

• (c) the submarine cable does not extend vertically above the bed of the navigable water more than

  • (i) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or

  • (ii) in any other case, 1 m;

• (d) the submarine cable is not situated at or under the entrance to any port, including a marina;

• (e) the submarine cable is not in an area where routine dredging occurs; and

• (f) the submarine cable is not in an area that is identified as an anchorage area on a nautical chart produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States.

Marginal note:Re-lay, rebury or remove cables

18 If a submarine cable that was designated as a minor work under section 17 is no longer lying on or buried under the bed of the navigable water, the owner of the submarine cable must, as soon as feasible, re-lay the cable on the bed of the navigable water, rebury the cable under the bed of the navigable water or remove the cable.

Buried Pipelines

Marginal note:Designation — buried pipelines

19 A pipeline that meets the following criteria is designated as a minor work:

• (a) the pipeline is buried under the bed of the navigable water;

• (b) the pipeline is not in an area where routine dredging occurs; and

• (c) the pipeline is not in an area that is identified as an anchorage area on a nautical chart produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States.

Marginal note:Requirement — water with width of more than 50 m

20 During the construction or placement of a pipeline that is intended to be designated as a minor work under section 19 in navigable water the width of which is more than 50 m at the location of the burial, the owner of the pipeline must ensure that the pipeline is buried using the horizontal directional drilling method.

Marginal note:Horizontal directional drilling method with guiding cables

21 If the owner of a pipeline that is intended to be designated as a minor work under section 19 buries the pipeline using the horizontal directional drilling method with guiding cables placed in the navigable water, the owner must ensure that

• (a) no equipment is placed in the navigable water, except the guiding cables and equipment required to use those cables; and

• (b) the guiding cables and equipment required to use those cables do not extend vertically above the bed of the navigable water more than

  • (i) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or

  • (ii) in any other case, 1 m.

Marginal note:Bed contours of navigable water

22 If the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a pipeline that is designated, or intended to be designated, as a minor work under section 19 disturbs the bed contours of a navigable water to the point of interfering or likely to interfere with navigation, the owner of the pipeline must ensure, on completion of the activity, that the bed contours of the navigable water do not and are not likely to interfere with navigation.

Marginal note:Rebury or remove pipelines

23 If a pipeline that was designated as a minor work under section 19 is no longer buried under the bed of the navigable water, the owner of the pipeline must, as soon as feasible, rebury the pipeline under the bed of the navigable water or remove the pipeline.

Pipelines and Cables Used for Power or Telecommunication Purposes Attached to an Existing Work

Marginal note:Designation — pipelines and certain cables

24 A pipeline or a cable used exclusively for power or telecommunication purposes that meets the following criteria is designated as a minor work:

• (a) the pipeline or cable is attached to an existing work that was approved, validly constructed or placed under the Act; and

• (b) the pipeline or cable does not increase the interference with navigation caused by the existing work.

Works Within an Area Bounded by a Boom

Marginal note:Designation — certain works

25 A work that meets the following criteria is designated as a minor work:

• (a) the work is within an area bounded by a boom that was approved, validly constructed or placed under the Act upstream or downstream of a water control structure that was approved, validly constructed or placed under the Act;

• (b) the work does not adversely affect the efficacy of the boom;

• (c) the work does not alter either the level or the flow of the navigable water outside the area bounded by the boom;

• (d) the work is not related to rebuilding or altering the boom or the water control structure; and

• (e) the work is owned by the owner of the boom or the water control structure.

Outfalls and Water Intakes

Marginal note:Designation — outfalls and water intakes

26 An outfall or a water intake that meets the following criteria is designated as a minor work:

• (a) the outfall or water intake does not extend vertically above the bed of the navigable water more than

  • (i) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or

  • (ii) in any other case, 1 m;

• (b) the outfall or water intake does not alter either the level or the flow of the navigable water to the point of interfering with navigation;

• (c) the outfall or water intake is more than 30 m from a navigation channel; and

• (d) the outfall or water intake is not associated with an existing or proposed dam or weir or an existing or proposed reservoir of water created by the construction of a dam or weir.

Marginal note:Reposition or remove

27 If an outfall or water intake that was designated as a minor work under section 26 no longer meets the criteria set out in paragraph 26(a), the owner of the outfall or water intake must, as soon as feasible, reposition the outfall or water intake to meet this criteria or remove the outfall or water intake.

Dredging

Marginal note:Designation — dredging

28 Dredging to maintain the charted width or depth of a charted navigable water or the width or depth of any other navigable water is designated as a minor work.

Marginal note:Requirements

• 29 (1) The owner of dredging designated as a minor work under section 28 must ensure that

  • (a) if the dredging uses floating pipes,

    • (i) the pipes are not situated in, on, over or across a navigation channel, and

    • (ii) the pipes are visible from sunset to sunrise and during periods of restricted visibility by the placement of

      • (A) cautionary buoys with yellow flashing lights,

      • (B) cautionary buoys with retro-reflective material, or

      • (C) floats with retro-reflective material;

  • (b) if the dredging uses submerged pipes,

    • (i) the pipes are not situated in, under, through or across a navigation channel,

    • (ii) the portion of the pipes not lying on the bed of the navigable water are marked by the placement of

      • (A) cautionary buoys with yellow flashing lights, or

      • (B) cautionary buoys with retro-reflective material, and

    • (iii) the pipes do not extend vertically above the bed of the navigable water more than

      • (A) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or

      • (B) in any other case, 1 m;

  • (c) the dredging does not use cables that are situated in, on, over, through or across the navigable water;

  • (d) the dredging does not include blasting; and

  • (e) all materials removed by the dredging are disposed of

    • (i) on land above the ordinary high water mark, or

    • (ii) in water where the disposal is authorized by or under an Act of Parliament.

• Marginal note:Exception — turbidity curtain

  (2) Subparagraphs (1)(a)(ii) and (b)(ii) do not apply if the owner of the dredging

  • (a) uses a turbidity curtain with a yellow or orange flotation system marked with retro-reflective material; and

  • (b) ensures that all dredging equipment is located within the area demarcated by the turbidity curtain.

Marginal note:Bed contours of navigable water

30 If dredging designated as a minor work under section 28 disturbs the bed contours of a navigable water to the point of interfering, or likely to interfere, with navigation, the owner of the dredging must ensure, on completion of the activity, that the bed contours of the navigable water do not and are not likely to interfere with navigation.

Mooring Systems

Marginal note:Designation — mooring systems

• 31 (1) A mooring system that meets the following criteria is designated as a minor work:

  • (a) on completion of its construction or placement, the mooring system consists of the following components:

    • (i) an anchor that is set in or on the bed of a navigable water,

    • (ii) a single anchor line,

    • (iii) a single mooring buoy, and

    • (iv) a mooring line that attaches to a vessel;

  • (b) when a vessel is moored to the mooring system, the swing area

    • (i) is more than 20 m from a work, other than an overhead cable, or from the swing area of another mooring system that is not owned by the owner of the mooring system,

    • (ii) is more than 50 m from a marina or public boat-launching ramp,

    • (iii) is more than 50 m from a navigation channel or, if there is no navigation channel, is not in, on, through or across a navigation route, and

    • (iv) does not exceed the maximum diameter set out in column 2 of the table to this section when

      • (A) if the mooring system is situated in tidal waters, the location where the mooring system is situated has the depth set out in column 1 of the table according to nautical charts produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States, or

      • (B) in any other case, the location where the mooring system is situated has the depth set out in column 1 of the table;

  • (c) the mooring system is not associated with an existing or proposed marina;

  • (d) the mooring system is situated in a location where the width of the navigable water is more than 100 m; and

  • (e) the anchor of the mooring system remains in the location where it was set in or on the bed of the navigable water.

  	Column 1	Column 2
  Item	Depth of Navigable Water	Maximum Diameter of the Swing Area
  1	6 m or less	50 m
  2	More than 6 m but not more than 10 m	70 m
  3	More than 10 m but not more than 14 m	80 m
  4	More than 14 m	100 m

• Marginal note:Definition of swing area

  (2) In this section, swing area means the area created by the swinging of a vessel moored to a mooring system.

Marginal note:Vessels of more than 12 m

32 The owner of a mooring system that is designated as a minor work under subsection 31(1) must not moor, or permit others to moor, to the mooring system a vessel that is more than 12 m in length, as measured between the fore and aft extremities of the vessel.

Marginal note:Removal of mooring system

33 The owner of a mooring system that is designated as a minor work under subsection 31(1) must remove the mooring system as soon as feasible if

• (a) any component of the mooring system has been removed; or

• (b) during any two-year period, no vessel has moored to the mooring system.

Watercourse Crossings

Marginal note:Designation — watercourse crossings

34 A watercourse crossing, including its abutments, footings and armouring, that meets the following criteria is designated as a minor work:

• (a) the watercourse crossing is not a major work;

• (b) the watercourse crossing is not a zipline or other cable used for transportation;

• (c) the watercourse crossing is situated over or across a navigable water and the width of the navigable water is 30 m or less;

• (d) the watercourse crossing is situated above the ordinary high water mark; and

• (e) the watercourse crossing is designed to ensure that the clearance available below the watercourse crossing is at least 1 m more than the height of the tallest vessel that may navigate on the navigable water at the site where the watercourse crossing is situated.

Marginal note:Infilling

35 During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a watercourse crossing that is designated, or intended to be designated, as a minor work under section 34, the owner of the watercourse crossing must ensure that there is no infilling of navigable water.

Swim Areas

Marginal note:Definitions

36 The following definitions apply in this section and in sections 37 and 38.

Indigenous governing body

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

local authority

local authority means a government of a municipality, township, county or regional district, an Indigenous governing body, any other government constituted under the laws of a province or territory or a department of a provincial or territorial government or of the federal government. (administration locale)

swim area

swim area means an area for swimming that has been demarcated with ropes by, or on behalf of, a local authority. (zone de baignade)

Marginal note:Designation — swim areas

37 A swim area that meets the following criteria is designated as a minor work:

• (a) the swim area is situated 30 m or more from a navigation channel or, if there is no navigation channel, is not situated in, on, over, through or across a navigation route;

• (b) the swim area does not extend more than 30 m into or on the navigable water;

• (c) the swim area does not occupy more than one-third of the width of the navigable water;

• (d) the ropes used to demarcate the swim area are marked by line floats;

• (e) the perimeter of the swim area is marked by swimming buoys; and

• (f) the swim area is situated 5 m or more from the adjacent property boundaries and property line extensions.

Marginal note:Designation — works used by swimmers

38 A work that is used by swimmers in a swim area that is designated as a minor work under section 37 is designated as a minor work.

Scientific Equipment

Marginal note:Designation — scientific equipment

• 39 (1) Scientific equipment that meets the following criteria is designated as a minor work:

  • (a) the scientific equipment is required to perform scientific research and is being used for this sole purpose;

  • (b) the scientific equipment is not being used for geotechnical testing or geotechnical investigations;

  • (c) the scientific equipment is situated 30 m or more from a navigation channel or, if there is no navigation channel, is not situated in, on, over, through or across a navigation route;

  • (d) if the scientific equipment does not lie on the bed of the navigable water, it is marked by

    • (i) a cautionary buoy with retro-reflective material, or

    • (ii) an Ocean Data Acquisition System (ODAS) buoy with retro-reflective material;

  • (e) if the scientific equipment lies on the bed of the navigable water, it does not extend vertically above the bed of the navigable water more than

    • (i) if the navigable water is less than 15 m in depth, 5% of the depth of the water, or

    • (ii) in any other case, 1 m; and

  • (f) the scientific equipment is situated more than 20 m from any work that is situated in, on, over, under, through or across the navigable water and is not owned by the owner of the equipment.

• Marginal note:Definition of scientific equipment

  (2) In this section, scientific equipment means monitoring and measurement devices, and any associated buoys, platforms or other similar structures, installed in, on, under, through or across a navigable water.

Coming into Force

Marginal note:Registration

40 This Order comes into force on the day on which it is registered.