Budget Implementation Act, 2009 (S.C. 2009, c. 2)
Full Document:
Assented to 2009-03-12
322. (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Ministerial orders respecting unauthorized works
6. (1) If any work to which this Part applies is built or placed without having been approved under this Act, is built or placed on a site not approved under this Act, is not built or placed in accordance with the approved plans and terms and conditions and with the regulations or, having been built or placed as approved, is not maintained, operated, used or removed in accordance with those plans, those terms and conditions and the regulations, the Minister may
(2) Subsection 6(2) of the Act is repealed.
(3) Subsection 6(4) of the Act is replaced by the following:
Marginal note:Approval after construction started
(4) The Minister may, subject to deposit and notice as in the case of a proposed work, approve a work, its site and the plans for it and impose any terms and conditions on the approval that the Minister considers appropriate after the start of its construction. The approval has the same effect as if it was given before the start of construction.
323. Section 7 of the Act is replaced by the following:
Marginal note:Fee payable by person applying for approval
7. (1) A person who applies for approval of a work referred to in subsection 5(2) or 6(4) shall pay the fee prescribed by the regulations.
Marginal note:Approval valid for period prescribed by regulations
(2) The approval of a work under section 5 is valid for the period prescribed by the regulations.
Marginal note:1993, c. 41, s. 8
324. Section 9 of the Act is replaced by the following:
Marginal note:Notice and deposit of plans
9. (1) A local authority, company or individual proposing to construct any work in navigable waters may apply to the Minister for approval by depositing the plans for its design and construction and a description of the proposed site with the Minister.
Marginal note:Plans for management and operation
(2) If the Minister considers that the work would substantially interfere with navigation, the Minister may also require that the local authority, company or individual deposit the plans for the management and operation related to the work.
Marginal note:Deposit and notice — substantial interference
(3) If the Minister considers that the work would substantially interfere with navigation, the Minister shall direct the local authority, company or individual to
(a) deposit all plans in the local land registry or land titles office or any other place specified by the Minister; and
(b) provide notice of the proposed construction and the deposit of the plans by advertising in the Canada Gazette and in one or more newspapers that are published in or near the place where the work is to be constructed.
The plans shall be deposited and notice shall be provided in the form and manner specified by the Minister.
Marginal note:Deposit and notice — other interference
(4) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may direct the local authority, company or individual to deposit the plans in the local land registry or land titles office or any other place specified by the Minister, and to provide notice of the proposed construction and the deposit of the plans as the Minister considers appropriate.
Marginal note:Comments
(5) Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in subsection (3) or (4).
325. Subsection 11(1) of the Act is replaced by the following:
Marginal note:Approval lapses
11. (1) When an approval of a work lapses, the Minister may grant a new approval of that work for any period that the Minister considers appropriate, having regard to changing conditions in navigation and the condition of the work.
326. The Act is amended by adding the following after section 11:
Marginal note:Amendment of approval
11.1 (1) Subject to subsection (3), the Minister may amend an approval of a work if he or she is satisfied that
(a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or
(b) the amendment is in the public interest.
Marginal note:Suspension or cancellation
(2) Subject to subsection (3), the Minister may suspend or cancel an approval if he or she is satisfied that
(a) the work is not being or has not been built, placed, maintained, operated, used or removed in accordance with the plans, the regulations or with any terms and conditions in the approval;
(b) the approval was obtained by a fraudulent or improper means or a misrepresentation of a material fact;
(c) the owner of the work has not paid a fine imposed under this Act;
(d) the owner of the work has contravened a provision of this Act or the regulations; or
(e) the suspension or cancellation is in the public interest, including that it is warranted by the record of compliance of the owner or of a principal of the owner under this Act.
Marginal note:Notice
(3) Before amending, suspending or cancelling an approval of a work, the Minister shall give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, suspension or cancellation.
Marginal note:Not a statutory instrument
11.2 For greater certainty, an order given under subsection 4(3) or paragraph 6(1)(a) or (c) is not a statutory instrument within the meaning of the Statutory Instruments Act.
327. Subsections 12(1) and (2) of the Act are replaced by the following:
Marginal note:Orders and regulations by Governor in Council
12. (1) The Governor in Council may make any orders or regulations that the Governor in Council deems expedient for navigation purposes respecting any work to which this Part applies or that is approved or the plans and site of which are approved under any Act of Parliament or order of the Governor in Council, and may make regulations
(a) prescribing the fees payable to the Minister on an application for an approval under this Part;
(b) respecting the grant, amendment, renewal, suspension and cancellation of approvals under this Part;
(c) prescribing the period for which an approval under this Part is valid;
(d) respecting notification requirements for a change in ownership in a work;
(e) establishing classes of works or navigable waters for the purposes of subsection 5.1(1);
(f) respecting the placement, construction, maintenance, operation, safety, use and removal of works; and
(g) for carrying out the purposes and provisions of this Part.
Marginal note:Related works
(2) If the Governor in Council considers that two or more works are related, the Governor in Council may, for the purposes of subsection (1), deem them to be a single work.
Marginal note:Incorporation by reference
(2.1) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.
Marginal note:Incorporated material not a regulation
(2.2) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
328. Section 13 of the Act is replaced by the following:
Ministerial Orders
Marginal note:Orders
13. (1) For the purposes of section 5.1, the Minister may, by order,
(a) establish classes of works or navigable waters; and
(b) impose any terms and conditions with respect to the placement, construction, maintenance, operation, safety, use and removal of those classes of works or works that are built or placed in, on, over, under, through or across those classes of navigable waters.
Marginal note:Exemption from Statutory Instruments Act
(2) An order under subsection (1)
(a) is not a statutory instrument within the meaning of the Statutory Instruments Act; and
(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.
Marginal note:Incorporation by reference
(3) An order may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.
329. The heading “Définitions” before section 14 of the French version of the Act is replaced by the following:
Définition et interprétation
330. Section 14 of the Act is replaced by the following:
Definition of “owner”
14. (1) In this Part, “owner” means the registered or other owner at the time any wreck, obstruction or obstacle referred to in this Part was occasioned, and includes a subsequent purchaser.
Marginal note:Interpretation
(2) A reference to a “thing” in sections 15 to 18 and 20, with respect to a thing that is or is likely to become an obstruction or obstacle to navigation, does not include a reference to a thing of natural origin unless the obstruction or obstacle, or likely obstruction or obstacle, is caused by a person.
Application
Marginal note:Non-application
14.1 This Part, other than sections 21 to 25, does not apply to navigable waters falling within a class of navigable waters established by regulation or under section 13.
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