Minor Works and Waters Order (Navigable Waters Protection Act)

Amendments to the Navigable Waters Protection Act came into force on March 12, 2009 as part of the federal government's initiative to accelerate major resource and infrastructure projects. These amendments streamline the federal review process by establishing classes of waters and works (projects) that do not require an Application or Approval through the NWPP because they are "minor" in nature.

The following specific classes of minor navigable waters are incorporated into the amendments to the NWPA (section 13) by means of the Minor Works and Waters (Navigable Waters Protection Act) Order:

1. private lakes
2. artificial irrigation channels and drainage ditches
3. minor navigable waters

1. Private Lakes

Private lakes refer to lakes that measure 5 hectares or less in area and must meet the following established criteria in order to be exempt from the application provisions of the NWPA:

• All land abutting the navigable water is owned by one person or company other than the federal or provincial government.
• No navigable waters enter or exit the lake.
• There is no current or past public access to the lake.
• There are no easements or servitudes that allow access to the lake.

Works proposed on these private lakes may proceed without application under section 5 of the NWPA. Contact your regional NWPP office if you have questions or concerns about works on private lakes.

2. Artificial Irrigation Channels and Drainage Ditches

Many navigable waters across Canada were constructed or created specifically for the purposes of moving surface water for either agricultural irrigation or surface water drainage. While some of these navigable waters may yield significant flows, Transport Canada recognizes that most of these small channels were never intended for navigation.

A navigable water meeting the definitions of either "irrigation channel" or "drainage ditch" and outlined in the Order (section 12) is not subject to the application process under the NWPA. However, navigable water that has an average width of 3.00 m or more or a natural river or water body that has been converted to an irrigation channel or drainage ditch is not subject to this class exemption.

3. Minor Navigable Waters

TC has established five navigable water characteristics to be used in determining whether or not a particular navigable water meets the definition of a minor navigable water. If a section of navigable water is classified as minor, an application for approval under the NWPA is not required for any work on that section.

The five TC navigable water characteristics are:

• average depth,
• average width,
• channel slope,
• sinuosity ratio, and
• frequency of natural obstacles.

For more information on how to determine if your Water is a Minor Navigable Water, contact your nearest NWPP office. The NWPP officer will conduct a review. Or call toll-free 1-877-842-5606 At your service.

You may also refer to the Minor Works and Waters User Guide.