Navigation Protection Act (R.S.C., 1985, c. N-22)

Act current to 2019-06-20 and last amended on 2017-06-22. Previous Versions

Works (continued)

 [Repealed, 2012, c. 31, s. 318]

Marginal note:Statutory Instruments Act

 For greater certainty, approvals issued under section 6, terms and conditions imposed under subsection 9(2) or (3) 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.

  • R.S., 1985, c. N-22, s. 14
  • 2009, c. 2, s. 330
  • 2012, c. 31, s. 318

 [Repealed, 2012, c. 31, s. 318]

Obstructions

Marginal note:Notice and indication of obstruction

  •  (1) The person in charge of an obstruction in a navigable water — other than a minor water — listed in the schedule shall

    • (a) immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and including the information, specified by the Minister; and

    • (b) 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.

  • Marginal note:Failure to signal and light rectifiable by Minister

    (2) The Minister may cause the signal and light to be placed and maintained if the person in charge of the obstruction fails to do so.

  • Marginal note:Removal of obstruction

    (3) Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.

  • Marginal note:Failure to remove obstruction rectifiable by Minister

    (4) The Minister may cause the obstruction to be removed or destroyed if the person in charge of the obstruction fails to remove the obstruction.

  • R.S., 1985, c. N-22, s. 15
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 2009, c. 2, s. 331
  • 2012, c. 31, s. 318

Marginal note:Minister’s powers

  •  (1) The Minister may order the person in charge of an obstruction or potential obstruction in a navigable water — other than a minor water — that is listed in the schedule to secure, remove or destroy it in the manner that the Minister considers appropriate if the situation has persisted for more than 24 hours.

  • Marginal note:Property belonging to Her Majesty

    (2) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or any 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.

  • Marginal note:Failure to comply with order

    (3) If the person to whom an order is given under subsection (1) or (2) fails to comply with the order, the Minister may cause the order to be carried out.

  • Marginal note:Not a statutory instrument

    (4) 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.

  • R.S., 1985, c. N-22, s. 16
  • 2009, c. 2, s. 332
  • 2012, c. 31, s. 318

Marginal note:Moving and sale

  •  (1) The Minister may cause an obstruction in a navigable water — other than in a minor water — that is listed in the schedule or the wreck, vessel, part of a vessel or thing referred to in subsection 16(2) to be moved to a place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction, wreck, vessel, part of a vessel or thing or in securing, removing, destroying or selling it.

  • Marginal note:Surplus

    (2) The Minister shall pay over all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction sold or to any other person that is entitled to the proceeds.

  • R.S., 1985, c. N-22, s. 17
  • 2009, c. 2, s. 333
  • 2012, c. 31, s. 318

Marginal note:Costs constituting debt

  •  (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or (4) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt due to Her Majesty in right of Canada.

  • Marginal note:Recovery by Her Majesty

    (2) Such debts are recoverable from

    • (a) the person in charge of the obstruction at the time the obstruction was occasioned;

    • (b) any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued; or

    • (c) the person to whom the order referred to in subsection 16(2) is given.

  • Marginal note:Application of moneys recovered

    (3) Any sum recovered under subsection (2) shall be paid into the Consolidated Revenue Fund.

  • R.S., 1985, c. N-22, s. 18
  • 2009, c. 2, s. 334
  • 2012, c. 31, s. 318

Marginal note:Order to remove vessel left anchored

  •  (1) If a vessel has been left anchored, moored or adrift in any navigable water — other than in any minor water — that is listed in the schedule so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the registered owner or other owner, managing owner, master, person in charge of the vessel or subsequent purchaser to secure it or remove it to a place that the Minister considers appropriate.

  • Marginal note:Failure to comply with order

    (2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may cause the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable from the person as a debt due to Her Majesty.

  • Marginal note:Not a statutory instrument

    (3) For greater certainty, an order given under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.

  • R.S., 1985, c. N-22, s. 19
  • 2009, c. 2, s. 335
  • 2012, c. 31, s. 319

Marginal note:Abandoned vessel

 If any vessel or thing is wrecked, sunk, partially sunk, lying ashore, grounded or abandoned in any navigable water — other than in any minor water — that is listed in the schedule, the Minister may, under the restrictions that he or she considers appropriate, authorize any person to take possession of and remove the vessel, part of the vessel or thing for that person’s own benefit, on that person’s giving to the registered owner or other owner of the vessel or to the owner of the thing, if known, one month’s notice or, if the registered owner or other owner of the vessel or owner of the thing is not known, public notice for the same period in a publication specified by the Minister.

  • R.S., 1985, c. N-22, s. 20
  • 2009, c. 2, s. 335
  • 2012, c. 31, s. 320

Deposit and Dewatering

Marginal note:Throwing 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.

  • R.S., c. N-19, s. 19

Marginal note:Throwing or depositing stone, etc., prohibited

 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.

  • R.S., 1985, c. N-22, s. 22
  • 2012, c. 31, s. 321

Marginal note:Dewatering

 No person shall dewater any navigable water.

  • R.S., 1985, c. N-22, s. 23
  • 2012, c. 31, s. 321

Marginal note:Exemption by order

 The Governor in Council may, by order, exempt from any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if it is shown to the satisfaction of the Governor in Council that the exemption would be in the public interest.

  • R.S., 1985, c. N-22, s. 24
  • 1998, c. 10, s. 189
  • 2012, c. 31, s. 321
 
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