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5. Navigable Waters Protection Act: Temporary Works - TP 14893 E

Navigable Waters Protection Act: Temporary Works - TP 14893 E

This brochure outlines the specific standards and criteria under which Transport Canada considers temporary work projects to be “minor works” and does not require an application under the Navigable Waters Protection Act (NWPA).

These criteria are based on the terms and conditions outlined in section 10 of the Minor Works and Waters (Navigable Waters Protection Act) Order.

Failure to construct the work in accordance with the standards and criteria identified in this document and outlined in the Order as referenced in section 13 of the NWPA may result in enforcement action.

Definitions

Navigation channel: A charted channel, a buoyed channel or a channel that, based on local knowledge, exists for navigation purposes.

When is a temporary work project considered a minor work?

Temporary works that are required for the construction or placement of any other work determined to be a minor work are also considered minor works and do not require the submission of an application for review and approval under the NWPA, unless the temporary works:

1. are roads, bridges, dams, cofferdams, berms or booms;
2. change the course of the navigation channel in the navigable waters;
3. cross more than halfway from one side of the navigable waters to the other side; or
4. are in, on, over, under, through or across a navigation channel.

What terms and conditions are imposed on a minor temporary work?

For a temporary work determined under these criteria to be a minor work, the following terms and conditions must be strictly adhered to during construction:

1. vessels shall be allowed safe access through the work site at all times and shall be assisted as necessary;
2. in the case of temporary works that are on, over or across navigable waters, the temporary works shall, from dusk to dawn and during periods of restricted visibility, be marked with yellow flashing lights that are:
   1. located on the end of the works furthest from the nearest bank or shore of the waters, if the works are not more than 3 metres (m) in length,
   2. located on each end of the works, if the works are more than 3 m in length but not more than 30 m in length, or
   3. located on each end of the works and on any other location on the works so that the lights are spaced not more than 30 m apart, if the works are more than 30 m in length, and
3. in the case of temporary works that are in or through navigable waters, the temporary works shall be marked with cautionary buoys that meet the requirements of the Private Buoy Regulations, are lighted from dusk to dawn and during periods of restricted visibility, and are:
   1. located on the end of the works furthest from the nearest bank or shore of the waters, if the works are not more than 3 m in length,
   2. located on each end of the works, if the works are more than 3 m in length but not more than 30 m in length, or
   3. located on each end of the works and on any other location on the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Terms and conditions on completion of construction or placement of the temporary work are as follows:

1. the temporary work shall be completely removed; and
2. if the temporary work disturbed the bed of the navigable waters, it shall be restored to its natural contours.

Note

You should note that other laws and regulations may be applicable to your project.

Your temporary work project may be subject to the criteria listed in sections 2-9 of the Minor Works and Waters Order.

If your temporary work project is associated with the following minor works listing, please refer to the pertinent minor works publications below:

• Winter Crossings (TP 14590)
• Water Intakes (TP 14591)
• Submarine Cables (TP 14592)
• Pipeline Crossings (TP 14593)
• Erosion Protection Works (TP 14594)
• Docks and Boathouses (TP 14595)
• Aerial Cables (TP 14596)
• Dredging (TP 14597)

For more information, visit Transport Canada’s website at http://www.tc.gc.ca/marinesafety/oep/nwpp/menu.htm or call 1-877-842-5606.

A Minor Work

Historically, many projects pose no threat to the ongoing safety of navigation if positioned and constructed in accordance with specific standards and criteria. Such projects are considered by Transport Canada as minor works and, as such, no application under the NWPA will be required.

The NWPA is a federal law designed to protect the public right of navigation. It ensures that works constructed in navigable waters are reviewed and regulated to minimize the overall impact on navigation.

Date modified:

2010-03-05

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