What Canadian Navigable Waters Act: Approval of Works, Obstructions and Protection of Navigation requires
The Canadian Navigable Waters Act (R.S.C. 1985, c. N-22), formerly the Navigation Protection Act, protects the public right of navigation on navigable waters, administered by Transport Canada. Section 2 defines 'navigable water' (a body of water used, or where there is a reasonable likelihood that it will be used, by vessels for transport or travel) and 'work' (any structure, device or other thing made by humans, and any dumping of fill, excavation or dredging in navigable water). Section 3 sets the core prohibition: it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water except in accordance with the Act. Minor works may proceed under section 4 in accordance with the Act's requirements, works that will not interfere with navigation may proceed on notice (section 4.1), and major works and works in scheduled navigable waters require approval (sections 5 and 7). Section 13 empowers the Minister to order the repair, alteration or removal of a work that interferes, or is likely to interfere, with navigation or causes a serious and imminent danger to navigation. The Act prohibits depositing sawdust and like rubbish liable to interfere with navigation (section 21), depositing stone, gravel, earth, cinders, ashes or other material in navigable waters of insufficient depth (section 22), and dewatering that would extinguish navigation (section 23). A person who creates an obstruction must give immediate notice, mark it with signals or lights and begin its removal diligently (section 15), and wrecks are addressed in section 16. Designated persons may enter and inspect places where a regulated activity is conducted (section 34), and owners must give all reasonable assistance (section 35). Offences are punishable under section 40 - for an individual on summary conviction, up to $100,000 for a first offence and up to $200,000 or six months for a subsequent offence; for a corporation, up to $500,000 (first) - and administrative monetary penalties up to $50,000 for an individual and $250,000 for others (section 39.1).
Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Transport Canada (Navigation Protection Program) · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/N-22/FullText.html
SHA-256 integrity: ec0882c39958a1f0ec46a0c6bf2e771eae04a769fa5548a95885ba972fdb00a3
Primary Citations — 8 traced to source
- Canadian Navigable Waters Act, R.S.C. 1985, c. N-22, Section 2 - definitions of navigable water and work.
- Canadian Navigable Waters Act, Section 3 - prohibition on constructing, placing, altering, rebuilding, removing or decommissioning a work in a navigable water except in accordance with the Act.
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