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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 3R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act (continued)

Amendments to the Act (continued)

Marginal note:2012, c. 31, s. 321

59 Section 27 of the Act is replaced by the following:

Marginal note:Agreements and arrangements

27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

60 The Act is amended by adding the following after section 27.1:

Registry

Marginal note:Establishment

  • 27.2 (1) The Minister must establish and maintain a registry in which information that he or she specifies is deposited.

  • Marginal note:Access

    (2) The Minister must make the registry accessible to the public through the Internet and by any other means that he or she considers appropriate.

  • Marginal note:Types of documents in registry

    (3) The registry must contain only records or parts of a record

    • (a) that are publicly available; or

    • (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.

  • Marginal note:Protection from civil proceeding or prosecution

    (4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure.

Marginal note:2012, c. 31, s. 321

  • 61 (1) Paragraphs 28(1)(b) and (c) of the Act are replaced by the following:

    • (b) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees;

    • (c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;

  • Marginal note:2012, c. 31, s. 321

    (2) Paragraphs 28(1)(e) and (f) of the Act are replaced by the following:

    • (e) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters;

    • (e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3);

    • (f) respecting areas contiguous to works that are necessary for the safety of persons and navigation;

    • (f.1) respecting places in any navigable water where stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;

  • (3) Subsection 28(1) of the Act is amended by adding the following after paragraph (g):

    • (g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2;

    • (g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent;

  • Marginal note:2012, c. 31, s. 321

    (4) Paragraphs 28(2)(a) to (d) of the Act are replaced by the following:

    • (a) designating any works that are likely to slightly interfere with navigation as minor works;

    • (b) designating any works that are likely to substantially interfere with navigation as major works; and

    • (c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters.

  • (5) Subsection 28(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) respecting the registry established under section 27.2, including specifying records or information to be posted on the Internet site.

  • Marginal note:2012, c. 31, s. 321

    (6) Subsection 28(5) of the Act is repealed.

Marginal note:2012, c. 31, s. 321

62 Section 29 of the Act is replaced by the following:

Marginal note:Addition to schedule

  • 29 (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:

    • (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;

    • (b) the physical characteristics of the navigable water;

    • (c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;

    • (d) the safety of navigation in the navigable water;

    • (e) the past, current or anticipated navigation in the navigable water;

    • (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

    • (g) the cumulative impact of works on navigation in the navigable water.

  • Marginal note:Request — addition

    (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.

  • Marginal note:Other amendment of schedule

    (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.

Marginal note:2012, c. 31, s. 324(1)

  • 63 (1) Subsection 34(1) of the Act is replaced by the following:

    Marginal note:Authority to enter

    • 34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.

  • Marginal note:2009, c. 2, s. 340

    (2) Paragraph 34(3)(a) of the Act is replaced by the following:

    • (a) examine the place and anything in the place;

  • Marginal note:2009, c. 2, s. 340

    (3) Paragraph 34(3)(b) of the French version of the Act is replaced by the following:

    • b) emporter, pour examen ou, dans le cas d’un document, pour reproduction, tout document ou autre chose se trouvant dans le lieu;

  • (4) Subsection 34(3) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):

    • (i) order any person in the place to establish their identity to the designated person’s satisfaction.

  • (5) Section 34 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Persons accompanying designated person

      (3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.

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