Canadian Navigable Waters Act

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.

• Marginal note:Who is subject to orders or regulations

  (3) A local authority, company or person constructing, owning or in possession of any work referred to in subsection (1) is subject to orders or regulations made under this section.