Major Works Order (SOR/2019-320)

Whereas the Minister of Transport is of the opinion that the works set out in the annexed Order are likely to substantially interfere with navigation;

Therefore, the Minister of Transport, pursuant to paragraph 28(2)(b)Footnote ^a of the Canadian Navigable Waters ActFootnote ^b, makes the annexed Major Works Order.

• Return to footnote ^aS.C. 2019, c. 28, s. 61(4)

• Return to footnote ^bR.S., c. N-22; S.C. 2012, c. 31, s. 316; S.C. 2019, c. 28, s. 46

Ottawa, August 9, 2019

Le ministre des Transports, Marc Garneau Minister of Transport

Water Control Structures

Marginal note:Works — water control structures

1 The following water control structures are designated as major works:

• (a) dams that

  • (i) are capable of impounding at least 30 000 m³ of water, and

  • (ii) are at least 2.5 m high, measured from the bed of the navigable water; and

• (b) structures for the diversion of water if they

  • (i) are placed across a navigable water,

  • (ii) divert water from a navigable water into another navigable water, and

  • (iii) change the water level or water flow of at least one of those navigable waters.

Ferry Cables

Marginal note:Works — ferry cables

• 2 (1) Ferry cables are designated as major works.

• Marginal note:Definition of ferry cable

  (2) In this section, a ferry cable includes any cable, rod, chain or other device put across, over, under or in any navigable water for working a ferry.

Bridges

Marginal note:Works — bridges

• 3 (1) The following bridges are designated as major works:

  • (a) movable span bridges;

  • (b) floating span bridges; and

  • (c) fixed span bridges with one or more piers below the ordinary high water mark.

• Marginal note:Definition of floating span bridge

  (2) In this section, a floating span bridge means a bridge that is built on floating anchored foundations.

Marginal note:Temporary works

4 Temporary works that are installed for a period of at least 30 consecutive days for the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a bridge are designated as major works, unless they are installed during a period when navigation is not possible.

Causeways

Marginal note:Works — causeways

5 Causeways that are placed across a navigable water are designated as major works.

Aquaculture Facilities

Marginal note:Works — aquaculture facilities

6 Aquaculture facilities are designated as major works.

Coming into Force

Marginal note:S.C. 2019, c. 28

Footnote ^*7 This Order comes into force on the day on which subsection 61(4) of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.

• Return to footnote ^*[Note: Order in force August 28, 2019, see SI/2019-86.]