Historic Canals Regulations

14 (1) No person shall dredge, fill or dredge and fill in a historic canal, except in accordance with a permit issued under subsection (2).

(2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to dredge, fill or dredge and fill in a historic canal.

(3) A permit issued under subsection (2) shall specify

• (a) the dates and times when, the location at which, and the extent to which the dredging, filling or dredging and filling may be carried out; and

• (b) the period for which the permit is valid.

(4) The superintendent may issue a stop work order, a restore order or both to a person who

• (a) contravenes or fails to comply with the terms and conditions specified in a permit issued under subsection (2); or

• (b) dredges, fills or dredges and fills in a historic canal without a permit.

(5) Where the superintendent issues a stop work order to a person, the person shall comply with the stop work order until such time as the superintendent issues a restore order.

(6) Where the superintendent issues a restore order to a person, the person shall

• (a) in the case of a person to whom a permit was issued, restore at the person’s risk and expense that part of the historic canal that was dredged, filled or dredged and filled, contrary to the terms and conditions of the permit, to the condition that it was in prior to the dredging, filling or dredging and filling or, where applicable, to the condition that was specified in the permit; and

• (b) in the case of a person without a permit, restore at the person’s risk and expense the historic canal to the condition that it was in prior to the dredging, filling or dredging and filling.