GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Navigable Waters Act — N-22 10.1
Attempt to resolve 10.1 (1) If a comment that is provided to an owner under subsection 10 (3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation. Change to proposal (2) If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10 (1)(b). Request to Minister (3) If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work. Decision by Minister (4) On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work. Additional information (5) For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate. Notice (6) The Minister must inform the owner and the person who made the request of his or her decision. 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 10.2
Work may commence 10.2 (1) An owner who publishes a notice referred to in paragraph 10 (1)(b) may only construct, place, alter, rebuild, remove or decommission the work (a) if no comments are provided to the owner, or if comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends; (b) if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of (i) the day on which the comment period ends, and (ii) the day on which all the concerns are resolved; or (c) if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and (i) no request is made under subsection 10.1 (3), after the day on which the period referred to in that subsection ends, or (ii) a request is made under subsection 10.1 (3) and (A) the Minister decides that the owner is not required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or (B) the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval. Prohibition (2) Despite subsection (1), an owner is prohibited from constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question. Change (3) For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10 (1)(a) or deposit new information and publish a new notice in accordance with paragraph 10 (1)(b). 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 10.3
Notification 10.3 (1) An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation. Duty (2) The owner must, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it. 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 10.4
Emergency 10.4 (1) Even if the application referred to in subsection 5 (1) or paragraph 10 (1)(a) has not yet been made, or the notice referred to in paragraph 10 (1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to (a) a matter of national security; (b) a national emergency in respect of which special temporary measures are being taken under the Emergencies Act ; or (c) an emergency that (i) poses a risk to public health, safety, the environment or property, or (ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources. Approval (2) The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances. 2019, c. 28, s. 49
Canadian Navigable Waters Act — N-22 11
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. 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. 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. 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. R.S., 1985, c. N-22, s. 11; 2009, c. 2, s. 325; 2012, c. 31, s. 318 2019, c. 28, s. 50
Canadian Navigable Waters Act — N-22 13
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. 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. 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. 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. 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. R.S., 1985, c. N-22, s. 13; 2009, c. 2, s. 328; 2012, c. 31, s. 318 2019, c. 28, s. 52
Canadian Navigable Waters Act — N-22 13.1
Designation 13.1 The Governor in Council may, by order, designate areas where no work may be constructed or placed. 2004, c. 15, s. 95 2012, c. 31, s. 318 2019, c. 28, s. 53
Canadian Navigable Waters Act — N-22 14
Statutory Instruments Act 14 For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act . R.S., 1985, c. N-22, s. 14; 2009, c. 2, s. 330; 2012, c. 31, s. 318 2019, c. 28, s. 53
Canadian Navigable Waters Act — N-22 14.2
Non-application 14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies. 2019, c. 1, s. 137 2019, c. 28, s. 195
Canadian Navigable Waters Act — N-22 15
Obstruction 15 (1) The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister. Measures (2) Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must (a) place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction; and (b) immediately begin its removal and carry on the removal diligently to completion. Minister’s powers (3) The Minister may order the person in charge of an obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction. Failure to comply (4) If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate. R.S., 1985, c. N-22, s. 15; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2009, c. 2, s. 331; 2012, c. 31, s. 318 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 15.1
Potential obstruction 15.1 (1) The Minister may order the person in charge of a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction. Failure to comply (2) If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate. 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 15.2
Minister’s powers 15.2 If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate. 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 16
Property belonging to Her Majesty 16 (1) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada. Failure to comply (2) If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate. R.S., 1985, c. N-22, s. 16; 2009, c. 2, s. 332; 2012, c. 31, s. 318 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 17
Sale 17 (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16 (1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be. Surplus (2) The Minister must pay all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction or potential obstruction sold or to any other person that is entitled to the proceeds. R.S., 1985, c. N-22, s. 17; 2009, c. 2, s. 333; 2012, c. 31, s. 318 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 18
Debt 18 (1) The amount of the costs incurred by the Minister while acting under subsection 15 (4) or 15.1 (2) or section 15.2 or subsection 16 (2) constitutes a debt due to Her Majesty in right of Canada. Recovery by Her Majesty (2) Such debts are recoverable from (a) the person in charge of the obstruction at the time the obstruction was occasioned; (b) any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued; (b.1) the person in charge of the potential obstruction at the time potential obstruction was identified; (b.2) any person through whose act or fault or through the act or fault of whose servant the potential obstruction was occasioned or continued; or (c) the person to whom the order referred to in subsection 16 (1) is given. R.S., 1985, c. N-22, s. 18; 2009, c. 2, s. 334; 2012, c. 31, s. 318 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 19
Statutory Instruments Act 19 For greater certainty, an order given under subsection 15(3), 15.1(1) or 16(1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act . R.S., 1985, c. N-22, s. 19; 2009, c. 2, s. 335; 2012, c. 31, s. 319 2019, c. 28, s. 54
Canadian Navigable Waters Act — N-22 21
Throwing or depositing sawdust, etc., prohibited 21 No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any sawdust, edgings, slabs, bark or like rubbish of any description whatever that is liable to interfere with navigation in any water, any part of which is navigable or that flows into any navigable water. R.S., c. N-19, s. 19
Canadian Navigable Waters Act — N-22 22
Throwing or depositing stone, etc., prohibited 22 (1) No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish that is liable to sink to the bottom in any water, any part of which is navigable or flows into any navigable water, where there is not a minimum depth of 36 metres of water at all times, but nothing in this section shall be construed so as to permit the throwing or depositing of any substance in any part of a navigable water if it is prohibited by or under any other federal Act. Non-application (2) The prohibition in subsection (1) does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6). R.S., 1985, c. N-22, s. 22; 2012, c. 31, s. 321 2019, c. 28, s. 56
Canadian Navigable Waters Act — N-22 23
Dewatering and other actions 23 (1) No person shall take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question. Historic canals (2) Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations . Navigation not extinguished (3) For the purposes of this Act, navigation is not extinguished if the Minister is of the opinion that there are sufficient measures in place to mitigate the impact of the lower water level on navigation and he or she approves the work whose construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use lowers the water level of a navigable water or part of a navigable water. R.S., 1985, c. N-22, s. 23; 2012, c. 31, s. 321 2019, c. 28, s. 57
Canadian Navigable Waters Act — N-22 24
Exemption by order 24 (1) The Governor in Council may, by order, exempt from the application of any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if the Minister receives an application for an exemption and the Governor in Council is satisfied that it would be in the public interest. Application (2) An application for an exemption under subsection (1) must be made in the form and manner, and contain the information, specified by the Minister. R.S., 1985, c. N-22, s. 24; 1998, c. 10, s. 189; 2012, c. 31, s. 321 2019, c. 28, s. 57
Canadian Navigable Waters Act — N-22 25
Powers of certain persons 25 Sections 21, 22 and 26 do not affect the legal powers, rights or duties of harbour masters, port wardens, the person responsible for the management of the St. Lawrence Seaway or a port authority established under the Canada Marine Act in respect of materials that, under those sections, are not allowed to be deposited in navigable waters. R.S., 1985, c. N-22, s. 25; 2012, c. 31, s. 321
Canadian Navigable Waters Act — N-22 25.1
Minister’s powers 25.1 (1) The Minister may (a) order any person who is contravening section 21 or 22 to stop throwing or depositing or causing, suffering or permitting to be thrown or deposited any material or rubbish; (b) order any person who contravened section 21 or 22 to remove the material or rubbish in question or to do any other thing with respect to it, including taking all measures necessary for the safety of navigation; (c) if a person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the material or rubbish in question, including its removal and disposition; (d) order any person who is contravening subsection 23(1) to stop taking the action that is lowering the level of the navigable water; (e) order any person who has contravened subsection 23(1) to take any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable; and (f) if a person fails to comply with an order given under paragraph (d) or (e), cause any thing to be done with respect to the navigable water, including the taking of any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable. Debt (2) The amount of the costs incurred by the Minister while acting under paragraph (1)(c) or (f) constitutes a debt due to Her Majesty in right of Canada. Statutory Instruments Act (3) For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act . 2019, c. 28, s. 58
Canadian Navigable Waters Act — N-22 26
Designated places to deposit materials 26 (1) The Governor in Council may, by regulation, designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres. Ministerial approval (2) The Minister may, on application, authorize the deposit of materials in a place designated under subsection (1). Application (3) An application under subsection (2) must be made in the form and manner, and contain the information, specified by the Minister. Non-application (4) For greater certainty, this section does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6). R.S., 1985, c. N-22, s. 26; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2009, c. 2, s. 336; 2012, c. 31, s. 321 2019, c. 28, s. 58
Canadian Navigable Waters Act — N-22 26.1
Minister 26.1 The Minister may undertake any study and collect any information that, in his or her opinion, is necessary for the purposes of the administration of this Act. 2019, c. 28, s. 58
Canadian Navigable Waters Act — N-22 26.2
Confidentiality 26.2 (1) Any Indigenous knowledge that is provided to the Minister under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent. Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice, or for use in legal proceedings; or (c) the disclosure is authorized in the circumstances set out in the regulations made under paragraph 28(1)(g.2). Consultation (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3). Further disclosure (3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Minister under that subsection. Protection from civil proceeding or prosecution (5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister — or any person acting on behalf of, or under the direction of, him or her — and no proceedings lie against the Crown, for the disclosure in good faith of any Indigenous knowledge under this Act or for any consequences that flow from that disclosure. 2019, c. 28, s. 58
Canadian Navigable Waters Act — N-22 27
Agreements and arrangements 27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement. R.S., 1985, c. N-22, s. 27; 2009, c. 2, s. 336; 2012, c. 31, s. 321 2019, c. 28, s. 59