Canadian Navigable Waters Act

An Act respecting the protection of navigation in Canadian navigable waters

Canada (Federal)· N-22· 462 sections· current to 2024-11-27In force

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Sections462

1Short title
This Act may be cited as the Canadian Navigable Waters Act.
2Definitions
The following definitions apply in this Act.
2[p2]Repealed
designated work[Repealed, 2019, c. 28, s. 47]
2[p3]Repealed
ferry cable[Repealed, 2012, c. 31, s. 317]
2[p4]
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
2[p5]
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
2[p6]
major work means any work designated under paragraph 28(2)(b). (ouvrage majeur)
2[p7]
Minister means the Minister of Transport. (ministre)
2[p8]Repealed
minor water[Repealed, 2019, c. 28, s. 47]
2[p9]
minor work means any work designated under paragraph 28(2)(a). (ouvrage secondaire)
2[p10]
navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and
2[p10](a)
there is public access, by land or by water;
2[p10](b)
there is no such public access but there are two or more riparian owners; or
2[p10](c)
Her Majesty in right of Canada or a province is the only riparian owner. (eaux navigables)
2[p14]
obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle)
2[p15]
owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. (propriétaire)
2[p16]
person in charge, with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser. (responsable)
2[p17]
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)
2[p18]
vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment)
2[p19]
work includes
2[p19](a)
any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and
2[p19](b)
any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. (ouvrage)
2.01For greater certainty — navigable water
For greater certainty, the definition navigable water in section 2 does not include artificial irrigation channels or drainage ditches.
2.1Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
2.2Repealed
[Repealed, 2024, c. 30, s. 4]
2.3Duty of Decision Maker
When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
3Works
Except in accordance with this Act, it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water.
4Minor works
4(1)
An owner of a minor work may construct, place, alter, rebuild, remove or decommission the minor work in, on, over, under, through or across any navigable water in accordance with the requirements under this Act.
4(2)Repair, maintenance, operation and use
The owner must repair, maintain, operate and use the minor work in accordance with the requirements under this Act.
4.1Notice
An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister:
4.1(a)
a major work in, on, over, under, through or across any navigable water; or
4.1(b)
a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.
5Application for approval
5(1)
An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:
5(1)(a)
a major work in, on, over, under, through or across any navigable water; or
5(1)(b)
a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.
5(2)Related works
If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.
5(3)Additional information
For the purpose of determining whether the work or its construction, placement, alteration, rebuilding, removal or decommissioning may interfere with navigation, the Minister may require from the owner any additional information that the Minister considers appropriate.
5.1Repealed
[Repealed, 2012, c. 31, s. 318]
6No interference with navigation
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, would not 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 no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning.
7Interference 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.
7(2)Information
The owner must deposit any information specified by the Minister in any place specified by the Minister.
7(3)Notice
The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.
7(4)Comment period
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.
7(5)Exemption
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.
7(6)Approval
The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances.
7(7)Assessment — factors
In determining whether to issue the approval, the Minister must consider the following:
7(7)(a)
the characteristics of the navigable water in question;
7(7)(b)
the safety of navigation in that navigable water;
7(7)(c)
the current or anticipated navigation in that navigable water;
7(7)(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;
7(7)(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;
7(7)(f)
any Indigenous knowledge that has been provided to the Minister;
7(7)(g)
any comments that he or she receives from interested persons within the period provided for under subsection (4);
7(7)(h)
the record of compliance of the owner under this Act; and
7(7)(i)
any other information or factor that he or she considers relevant.
7(8)Additional information
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.
7(9)Terms and conditions
The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to
7(9)(a)
maintain the water level or water flow necessary for navigation purposes in a navigable water; or
7(9)(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.
7(10)Effect of approval
An approval issued under this section in relation to a work replaces any approval previously issued in relation to that work.
7(11)Contiguous area
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.
7(12)Compliance with requirements
The owner must comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.
7(13)Approval after activity begins
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.
8Transfer
If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister.
9Amendment of approval
9(1)
The Minister may amend an approval by amending or revoking any term or condition of the approval.
9(2)Amendment resulting from order
The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.
9(3)Other amendments
The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that
9(3)(a)
the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued;
9(3)(b)
the work causes or is likely to cause a serious and imminent danger to navigation;
9(3)(c)
the amendment of the approval is in the public interest; or
9(3)(d)
the owner consents to the amendment.
9(4)Suspension or cancellation
The Minister may suspend or cancel an approval if he or she considers that
9(4)(a)
the owner has not complied with the approval;
9(4)(b)
the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact;
9(4)(c)
the owner has not paid a fine or penalty imposed under this Act;
9(4)(d)
the owner has contravened this Act; or
9(4)(e)
the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act.
9(5)Notice
The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it.
9.1Notice
An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if
9.1(a)
the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and
9.1(b)
before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister.
10Application or notice
10(1)
An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:
10(1)(a)
make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or
10(1)(b)
deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.
10(2)Deeming
An application made under paragraph (1)(a) is deemed to be an application made under subsection 5(1) and, if an approval is issued under subsection 7(6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule.
10(3)Comment period
The notice referred to in paragraph (1)(b) must invite interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation.
10.1Attempt to resolve
10.1(1)
If a comment that is provided to an owner under subsection 10(3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation.
10.1(2)Change to proposal
If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10(1)(b).
10.1(3)Request to Minister
If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work.
10.1(4)Decision by Minister
On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work.
10.1(5)Additional information
For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate.
10.1(6)Notice
The Minister must inform the owner and the person who made the request of his or her decision.
10.2Work may commence
10.2(1)
An owner who publishes a notice referred to in paragraph 10(1)(b) may only construct, place, alter, rebuild, remove or decommission the work
10.2(1)(a)
if no comments are provided to the owner, or if comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends;
10.2(1)(b)
if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of
10.2(1)(b)(i)
the day on which the comment period ends, and
10.2(1)(b)(ii)
the day on which all the concerns are resolved; or
10.2(1)(c)
if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and
10.2(1)(c)(i)
no request is made under subsection 10.1(3), after the day on which the period referred to in that subsection ends, or
10.2(1)(c)(ii)
a request is made under subsection 10.1(3) and
10.2(1)(c)(ii)(A)
the Minister decides that the owner is not required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or
10.2(1)(c)(ii)(B)
the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval.
10.2(2)Prohibition
Despite subsection (1), an owner is prohibited from constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
10.2(3)Change
For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10(1)(a) or deposit new information and publish a new notice in accordance with paragraph 10(1)(b).
10.3Notification
10.3(1)
An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation.
10.3(2)Duty
The owner must, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.
10.4Emergency
10.4(1)
Even if the application referred to in subsection 5(1) or paragraph 10(1)(a) has not yet been made, or the notice referred to in paragraph 10(1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to
10.4(1)(a)
a matter of national security;
10.4(1)(b)
a national emergency in respect of which special temporary measures are being taken under the Emergencies Act; or
10.4(1)(c)
an emergency that
10.4(1)(c)(i)
poses a risk to public health, safety, the environment or property, or
10.4(1)(c)(ii)
threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.
10.4(2)Approval
The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances.
11Application
11(1)
This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, maintained, operated or used contrary to the requirements under this Act.
11(2)Minister’s powers
The Minister may
11(2)(a)
order the owner of a work to repair, alter or remove the work;
11(2)(b)
during the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work, order any person to remove or alter the work or to do any other thing with respect to the work, including taking all measures necessary for the safety of navigation;
11(2)(c)
if the owner or the person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the work, including the removal of the work, its destruction and the sale, donation or other disposal of the materials contained in the work; and
11(2)(d)
order any person to refrain from proceeding with the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work.
11(3)Debt
The amount of the costs incurred by the Minister while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada.
11(4)Surplus
The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.
11.1Repealed
[Repealed, 2012, c. 31, s. 318]
11.2Repealed
[Repealed, 2012, c. 31, s. 318]
12Repealed
[Repealed, 2019, c. 28, s. 51]
13Repair, alteration or removal
13(1)
The Minister may order the owner of a work in, on, over, under, through or across any navigable water to repair, alter or remove it if he or she considers that
13(1)(a)
it interferes more with navigation at the time in question than it did when it was constructed or placed;
13(1)(b)
it is causing or is likely to cause a serious and imminent danger to navigation; or
13(1)(c)
its repair, alteration or removal is in the public interest.
13(2)Works
The Minister may, if he or she is satisfied that it is necessary in the circumstances, order the owner to do any other thing with respect to the work.
13(3)Failure to comply
If the owner fails to comply with an order made under subsection (1) or (2), the Minister may do any thing with respect to the work that he or she considers appropriate.
13(4)Debt
The amount of the costs incurred by the Minister while acting under subsection (3) constitutes a debt due to Her Majesty in right of Canada.
13(5)Surplus
The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.
13.1Designation
The Governor in Council may, by order, designate areas where no work may be constructed or placed.
14Statutory Instruments Act
For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.
14.1Repealed
[Repealed, 2012, c. 31, s. 318]
14.2Non-application
Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
15Obstruction
15(1)
The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister.
15(2)Measures
Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must
15(2)(a)
place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction; and
15(2)(b)
immediately begin its removal and carry on the removal diligently to completion.
15(3)Minister’s powers
The Minister may order the person in charge of an obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction.
15(4)Failure to comply
If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate.
15.1Potential obstruction
15.1(1)
The Minister may order the person in charge of a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction.
15.1(2)Failure to comply
If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate.
15.2Minister’s powers
If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate.
16Property belonging to Her Majesty
16(1)
The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada.
16(2)Failure to comply
If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate.
17Sale
17(1)
If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16(1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be.
17(2)Surplus
The Minister must pay all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction or potential obstruction sold or to any other person that is entitled to the proceeds.
18Debt
18(1)
The amount of the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2) constitutes a debt due to Her Majesty in right of Canada.
18(2)Recovery by Her Majesty
Such debts are recoverable from
18(2)(a)
the person in charge of the obstruction at the time the obstruction was occasioned;
18(2)(b)
any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued;
18(2)(b.1)
the person in charge of the potential obstruction at the time potential obstruction was identified;
18(2)(b.2)
any person through whose act or fault or through the act or fault of whose servant the potential obstruction was occasioned or continued; or
18(2)(c)
the person to whom the order referred to in subsection 16(1) is given.
19Statutory Instruments Act
For greater certainty, an order given under subsection 15(3), 15.1(1) or 16(1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
20Repealed
[Repealed, 2019, c. 1, s. 138]
21Throwing or depositing sawdust, etc., prohibited
No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any sawdust, edgings, slabs, bark or like rubbish of any description whatever that is liable to interfere with navigation in any water, any part of which is navigable or that flows into any navigable water.
22Throwing or depositing stone, etc., prohibited
22(1)
No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish that is liable to sink to the bottom in any water, any part of which is navigable or flows into any navigable water, where there is not a minimum depth of 36 metres of water at all times, but nothing in this section shall be construed so as to permit the throwing or depositing of any substance in any part of a navigable water if it is prohibited by or under any other federal Act.
22(2)Non-application
The prohibition in subsection (1) does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).
23Dewatering and other actions
23(1)
No person shall take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
23(2)Historic canals
Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations.
23(3)Navigation not extinguished
For the purposes of this Act, navigation is not extinguished if the Minister is of the opinion that there are sufficient measures in place to mitigate the impact of the lower water level on navigation and he or she approves the work whose construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use lowers the water level of a navigable water or part of a navigable water.
24Exemption by order
24(1)
The Governor in Council may, by order, exempt from the application of any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if the Minister receives an application for an exemption and the Governor in Council is satisfied that it would be in the public interest.
24(2)Application
An application for an exemption under subsection (1) must be made in the form and manner, and contain the information, specified by the Minister.
25Powers of certain persons
Sections 21, 22 and 26 do not affect the legal powers, rights or duties of harbour masters, port wardens, the person responsible for the management of the St. Lawrence Seaway or a port authority established under the Canada Marine Act in respect of materials that, under those sections, are not allowed to be deposited in navigable waters.
25.1Minister’s powers
25.1(1)
The Minister may
25.1(1)(a)
order any person who is contravening section 21 or 22 to stop throwing or depositing or causing, suffering or permitting to be thrown or deposited any material or rubbish;
25.1(1)(b)
order any person who contravened section 21 or 22 to remove the material or rubbish in question or to do any other thing with respect to it, including taking all measures necessary for the safety of navigation;
25.1(1)(c)
if a person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the material or rubbish in question, including its removal and disposition;
25.1(1)(d)
order any person who is contravening subsection 23(1) to stop taking the action that is lowering the level of the navigable water;
25.1(1)(e)
order any person who has contravened subsection 23(1) to take any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable; and
25.1(1)(f)
if a person fails to comply with an order given under paragraph (d) or (e), cause any thing to be done with respect to the navigable water, including the taking of any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable.
25.1(2)Debt
The amount of the costs incurred by the Minister while acting under paragraph (1)(c) or (f) constitutes a debt due to Her Majesty in right of Canada.
25.1(3)Statutory Instruments Act
For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
26Designated places to deposit materials
26(1)
The Governor in Council may, by regulation, designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres.
26(2)Ministerial approval
The Minister may, on application, authorize the deposit of materials in a place designated under subsection (1).
26(3)Application
An application under subsection (2) must be made in the form and manner, and contain the information, specified by the Minister.