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Navigable Waters Protection Program - Application Guide

Download Application Guide [PDF Version]

INDEX

  2. How does the Navigable Waters Protection Act Review Process work? 
  3. Filling out the application form 
  4. Minor Works and Minor Waterways 
  5. Large and Complex project 
  6. Hydroelectric projects and Linear projects 
  7. Canadian Environmental Assessment Act 
  8. First Nations information 
  9. National Energy Board Pipelines 

1. The Navigable Waters Protection Act

What is the purpose of the Navigable Waters Protection Act (NWPA)?

The Canadian public right of navigation is not written anywhere – it is a right that has developed over time through Common Law. If the waters are navigable, then the public has the right to navigate. Gaining approval to restrict the public's right to navigate can only be done a few ways, including an Act of Parliament.

The NWPA is one of these Acts. The Act dates back to 1882 and is one of the oldest pieces of legislation in Canada. It ensures a balance between the public right of navigation and the need to build works, such as bridges, dams or docks in navigable waters. The NWPA provides for the prohibition to build works in navigable waters, unless the work, its site and plans have been approved by the Minister of Transport on such terms and conditions as he/she deems fit.

In addition, the Act provides for measures regarding removal of wreck or other obstacles to navigation and for the prohibition to throw or deposit any material in navigable waters.

What are Navigable Waters?

In general, navigable waters include all bodies of water that are capable of being navigated by any type of floating vessel for transportation, recreation or commerce. The final authority to determine the navigability of a waterway rests with the Minister of Transport or his/her designated representative.

What is an Approval?

Approval refers to an approval document authorizing the construction of proposed works. The document is issued by the Minister of Transport or his/her designated representative. The Navigable Waters Protection Program in the Pacific Region will do the review and approval of your work.

An "Approval" issued under the NWPA authorizes the work only in terms of its effect on navigation. It remains the owner's responsibility to obtain any other permits (i.e., federal, provincial or municipal) that may be required.  Therefore, early in the planning stages you are encouraged to contact your local conservation authority, provincial Departments of Natural Resources/Environment/ Fisheries and municipal offices to discuss their specific requirements.

What is a Work/Works?

 The term work or works refers to any proposed project that is subject to review and approval under the Act. The Act generally indicates that works include any structure, device or other thing that is constructed or placed in, on, under, over, through or across a navigable waterway that may interfere with navigation.

Why do I have to comply with the NWPA?

Because it is the law. The NWPA was adopted to protect the public right to navigate. Complying with the Act will help ensure that the potential interference created by your project is acceptable, so that the rights of other waterway users are respected.

2. How does the Navigable Waters Protection Act Review Process work?

Because every project affects navigation differently, the process and the type of approval will vary depending on the complexity and the nature of the work. Applications are reviewed on a project-by-project basis.

Building new constructions/works:
 New constructions happening in, on, over, under, through or across navigable waters with the potential for interfering with navigation must be reviewed by the NWPP. Examples of the types of works include but are not restricted to: wharfs, docks, piers, dams, booms, bridges, overhead cables or pipelines.

Rebuilding or altering existing constructions/works:
 An application is also required the repair, rebuilding or alteration of an existing work.

What is "Substantial Interference"? – the application of subsection 5(1)(2):
 Substantial interference means that the proposed work will significantly alter the way that vessels pass down a navigable waterway or may make passage dangerous to the public.

When a project has the potential to substantially interfere with navigation, the process under subsection 5(1)(2), is followed.

This approval process is usually longer, requiring you to complete additional steps – including advertising the proposed project to the public and undertaking an environmental assessment in accordance with the requirements under the Canadian Environmental Assessment Act (CEAA).

What is "Not Substantial Interference"? – the application of subsection 5(1)(3)
 The proposed work should not alter the passage of vessels in a significant way and should not make it more dangerous to navigate the waterway.

The process, under subsection 5(1)(3), is followed when NWPP officials determine that the work does not substantially interfere with navigation.

This process usually takes less time to complete, but might still require additional steps like public advertising or an environmental assessment under the Canadian Environmental Assessment Act (CEAA).

What if I don't follow the above process?
 Interfering with navigation is against the law. Therefore, if you interfere with navigation without gaining the Approval of the Minister of Transport, Transport Canada may order you to remove or alter the work and you may be subject to fines and/or prison.

3. Filling Out the Application Form

This portion of the guide is a step by step instruction for the application form

T his portion of the guide is a step by step instruction for the application form

Note: All information marked with a asterisk (*) is a required field, if left blank, your application may be returned back to you.

APPLICANT INFORMATION SECTION

Applicant File No.: If you have your own file number for this work you may include it here.

*Proponent: The Proponent is the owner of the work.

*Mailing Address: The Proponent address is required so we may contact the owner if there is an issue with the work and to send the approval to.

*Contact name: If the proponent is a company please provide a contact name. If proponent is the same as the contact please fill in "same as proponent"

*Telephone, facsimile, e-mail: A contact number is required. If you live in a remote area where none of these services are available please make note of this and this office will accommodate you.

Representative: If the proponent has hired or requested a business/other party to submit an application on their behalf, then the name and contact information is filled out here. If you are the proponent and you are not using anyone to assist you in this application you may leave this section blank.

PROJECT INFORMATION

*Waterway: The NWPP will use the waterway name to determine if we have any existing information on it. For small waterways with common names such as "fish, bear" creek it is useful to include the name of the major waterway it flows into, in example; "fish creek, tributary of Moberly River" If the waterway is unnamed then please refer to it as "Unnamed tributary of the XXX waterway" you may also call it by it’s local name, in example; "Unnamed tributary of the XXX waterway, locally known as Fish creek"

*Width: The width of the waterway is an important piece of information to the review of your application. The width can be roughly determined by using Google Earth or Topo maps or actual measurements. If you cannot use the above tools, please estimate the width and indicate such by adding the words, "Estimated width"

Depth: This information is very useful to the review for rivers and streams.

*Work Description: This is a required field. If the work includes multiple components, please include them all. Example: "Dock, boathouse and shoreline protection"

Legal Description/Nearest Community: If you live in a surveyed area please include the legal description, example;" Lot 31, Range 1, Kamloops District" If you do not live in a surveyed area please indicate the nearest community. If the work is a bridge on a logging road or similar please include the kilometre post, example; "At km 36 +150"

Street Address at site: If the site of the work has an address that is different from the Proponent mailing address please include it here. If the site has no address leave this field blank.

Lands File No.: If you have previously applied to the Province of BC Ministry of Natural Resource Operations or FrontcounterBC and they have given you a file number for the project, please include it here.

Latitude and *Longitude: This information is a required field and is critical for our review as it allows the NWPP to accurately determine the location of your work. UTM coordinates are not acceptable. To obtain the Latitude and Longitude you can use a Handheld GPS, Google Earth or a paper/electronic Topo map. If you have the location in UTM’s you may convert them on your handheld GPS unit or by using an online conversion tool.

Chart No.: If your work is on Coastal or Charted waters please include the Chart No.. Chart numbers are normally listed in the Upper left and lower right of a paper chart as a 4-digit number. Electronic Charts should indicate on the screen which chart you are using.

Topo Map No.: If you know the topographic map number for the area your work is in please include it here. A topo map number can be found on the upper and lower right hand side of the topo map.

*Is the work, Proposed, Existing, Modification of an existing work: This is a required field, if your work is new and unbuilt then check "Proposed" If you are applying for an approval of an existing unlawful work without making changes to it, then check "Existing" If you are applying to have a existing work modified, then check "Modification of an existing work".

Is the proponent the Upland Owner?: (Example; If you are building a dock in front of your property then you are the upland owner) Then check "yes" If you are building a shellfish farm and you do not own the uplands check "No" Please include the name of the upland owner if you can. If it is the Province, you can indicate "Province or Crown".

 If an Aerial Crossing/ Bridge include Overhead Clearance: If you are building a bridge or an aerial cable over a waterway please provide the minimum clearance over either High Water or the 100 year flood event (Q100). Aerial cables must meet the Canadian Standards Association (CSA) Table 3 Guidelines.

*Plan and cross section drawings of the work with all dimensions including high/low water mark
 Readable plans are required in order to review and approve your work. Plans must include a plan view (top down view) and cross section (side view) of the work. Plans must have dimensions on them as well as high and low water levels. While engineered drawings are not mandatory it is useful that engineered drawings have a scale bar and elevations on them. Plans sent electronically may fail to print to the proper scale and cause confusion. Plans lacking important information may be sent back or cause delays in the review of your application.

Area Map
 This helps when we refer your project out to user groups to locate your project quickly. Google Earth and Google Maps can be used as well as copies of charts and Topo maps. Please indicate the general location of the work onto the map.

Anchoring systems
 If your work includes a anchoring system, (example; Dock, floating breakwater, log booms) You must include the anchoring system in your plans. If your work does not have an anchoring system then this requirement is not applicable to your application.

Photographs at the site of the proposed/existing work and surrounding area:
 Photographs are extremely useful in determining the navigability of the waterway and the potential impacts of your works. It will speed up a review if photographs are included. If taking pictures of a waterway to assist the NWPP in making a determination, please include photographs that are representative of the waterway. Photographs of a waterway covered in snow are of minimal use.

Project description and work plan. These are very important for larger or complex projects. While not required information, not including them for large projects will significantly delay your review.

Drawings: We do not require engineered plans; however any plans must be readable and contain the information requested above. If you are submitting plans larger than 11"x17",we will require a minimum of 4 copies. For plans "11x17" or less, one copy will suffice.


4. Minor Works and Minor Waters

Works that may fall under the Minor Works Orders are:

  • Aerial cables crossing waterways of less than 15m
  • Erosion protection works without groynes or habitat structures 
  • Pipelines crossing waterways less than 50m 
  • Small docks and boathouses similar to others nearby 
  • Winter Crossings  
  • Maintenance Dredging 
  • Small water intakes of 10cm or less 
  • Temporary works associated with the construction minor works 

Minor Waterways:
 Waterways of 3m or less and private lakes of 5 hectares or less may be considered Minor Waterways if they meet all of the criteria listed in the Order. Please note this is not a determination of navigability. If your project does not meet the Minor Works Orders or the water does not fall under the Minor Waters definition, then you must complete an application.

For more information please visit  http://www.tc.gc.ca/eng/marinesafety/oep-nwpp-minorworks-menu-1743.htm


5. Large and Complex projects

Large projects with many associated works will require detailed Project descriptions that cover all aspects of the project. To aid in the review a separate section of the Project description should created dealing with navigable waters. Please contact the NWPP office for advice.

 

6. Hydroelectric projects and linear projects

To aid in review of complex projects the NWPP have developed additional information requirements for the following projects:

  • Small Hydroelectric Projects 
  • Linear projects such as Transmission lines and Pipelines with multiple crossings

Prior to submitting applications for the above please contact the NWPP Office for advice and further information.

7. Canadian Environmental Assessment Act (CEAA)

Projects reviewed under Section 5(2) of the NWPA or involving bridges, dams, booms or causeways will likely trigger a review under CEAA. Although the NWPA may not trigger CEAA, it is possible that other Federal agencies will trigger a review of your project. In which case the NWPP cannot issue an approval until the CEAA is complete. For more information on CEAA please visit: http://www.ceaa.gc.ca/default.asp?lang=En&n=D75FB358-1

8. First Nations information

Not every project requires First Nation involvement. However if you have already had contact with First Nations in regards to your project, including that information in your application will assist in an efficient review. Please include dates of contact, Bands contacted, contact names and any correspondence sent and received in regards to your project. A list of bands can be found here: http://www.gov.bc.ca/arr/treaty/regional.html

9. National Energy Board (NEB) Pipelines

The NWPP is responsible for reviewing NEB pipelines crossing navigable waters. These pipelines will be reviewed under Section 108 of the NEB. Please note that this section is a Lawlist trigger for CEAA. Please indicate if your project falls under the NEB Act.

Date modified:
2012-03-07