Canadian Navigable Waters Act

Marginal note:Application

• 11 (1) This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, maintained, operated or used contrary to the requirements under this Act.

• Marginal note:Minister’s powers

  (2) The Minister may

  • (a) order the owner of a work to repair, alter or remove the work;

  • (b) during the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work, order any person to remove or alter the work or to do any other thing with respect to the work, including taking all measures necessary for the safety of navigation;

  • (c) if the owner or the person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the work, including the removal of the work, its destruction and the sale, donation or other disposal of the materials contained in the work; and

  • (d) order any person to refrain from proceeding with the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work.

• Marginal note:Debt

  (3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Surplus

  (4) 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.