Canadian Navigable Waters Act

Marginal note:Amendment of approval

• 9 (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.

• Marginal note:Amendment resulting from order

  (2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.

• Marginal note:Other amendments

  (3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that

  • (a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued;

  • (b) the work causes or is likely to cause a serious and imminent danger to navigation;

  • (c) the amendment of the approval is in the public interest; or

  • (d) the owner consents to the amendment.

• Marginal note:Suspension or cancellation

  (4) The Minister may suspend or cancel an approval if he or she considers that

  • (a) the owner has not complied with the approval;

  • (b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact;

  • (c) the owner has not paid a fine or penalty imposed under this Act;

  • (d) the owner has contravened this Act; or

  • (e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act.

• Marginal note:Notice

  (5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it.