Canadian Navigable Waters Act

Marginal note:Assessment by Minister

• 5 (1) An owner who proposes to construct, place, alter, repair, rebuild, remove or decommission a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule shall give notice of the proposal to the Minister.

• Marginal note:Notice

  (2) The notice shall be made in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

• Marginal note:Application

  (3) Subsection (1) also applies even if the construction, placement, alteration, repair, rebuilding, removal or decommissioning of the work has begun or is completed before the Minister is notified under subsection (1).

• Marginal note:Assessment — factors

  (4) In determining whether the work is likely to substantially interfere with navigation, the Minister shall, on receipt of the notice and the applicable fee, assess the proposal and in doing so shall take into account any relevant factor, including

  • (a) the characteristics of the navigable water in question;

  • (b) the safety of navigation;

  • (c) the current or anticipated navigation in that navigable water;

  • (d) the impact of the work on navigation in that navigable water, for example, as a result of its construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and

  • (e) the cumulative impact of the work on navigation in that navigable water.

• Marginal note:Related works

  (5) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.

• Marginal note:Minister’s powers

  (6) In determining whether the work is likely to substantially interfere with navigation, the Minister may require from the owner

  • (a) any additional information that the Minister considers appropriate; and

  • (b) the deposit of any information specified by the Minister in the local land registry or land titles office or in any other place specified by the Minister and the publication of a notice containing any information specified by the Minister in the Canada Gazette and in any other publication specified by the Minister.

• Marginal note:Notice

  (7) The notice referred to in paragraph (6)(b) shall invite any interested person to provide written comments to the Minister within 30 days after its publication.

• Marginal note:Assessment results

  (8) On completion of the assessment of the proposal, the Minister shall determine whether or not the work is likely to substantially interfere with navigation and shall so inform the owner.

• Marginal note:Notice

  (9) If the work does not conform to the description that the owner provided in the notice referred to in subsection (1), the owner shall so notify the Minister. The Minister may then require that a new notice be given under that subsection.