Canadian Navigable Waters Act

Marginal note:Repair, 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

  • (a) it interferes more with navigation at the time in question than it did when it was constructed or placed;

  • (b) it is causing or is likely to cause a serious and imminent danger to navigation; or

  • (c) its repair, alteration or removal is in the public interest.

• Marginal note:Works

  (2) 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.

• Marginal note:Failure to comply

  (3) 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.

• Marginal note:Debt

  (4) 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.

• Marginal note:Surplus

  (5) 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.