Minor Works Order (SOR/2021-170)

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.