Department of Transport - Navigable Waters Protection Act

Order Amending the Minor Works and Waters (Navigable Waters Protection Act) Order

The Minister of Transport, pursuant to subsection 13(1) (see footnote g) of the Navigable Waters Protection Act (see footnote h), makes the annexed Order Amending the Minor Works and Waters (Navigable Waters Protection Act) Order.

Ottawa, March 31, 2014

LISA RAITT
Minister of Transport

ORDER AMENDING THE MINOR WORKS AND WATERS (NAVIGABLE WATERS PROTECTION ACT) ORDER

AMENDMENTS

1. (1) The definitions “berm” and “high-water mark” in section 1 of the Minor Works and Waters (Navigable Waters Protection Act) Order (see footnote 9) are repealed.

(2) The definitions “petit quai” and “plan d’eau navigable cartographié” in section 1 of the French version of the Order are repealed.

(3) The definition “charted navigable waters” in section 1 of the English version of the Order is replaced by the following:

“charted navigable water”
« eaux navigables cartographiées »

“charted navigable water” means navigable waters for which navigation charts are produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration.

(4) The marginal note to the definition “dock” in section 1 of the English version of the Order is amended by replacing “petit quai” with “quai”.

(5) Section 1 of the Order is amended by adding the following in alphabetical order:

“ice breaker”
« brise-glace »

“ice breaker” means a vessel that is specially constructed or modified for the purpose of navigating through ice.

“pipeline”
« pipeline »

“pipeline” includes a conduit that contains wires or pipes.

(6) Section 1 of the French version of the Order is amended by adding the following in alphabetical order:

« eaux navigables cartographiées »
charted navigable water

« eaux navigables cartographiées » Eaux navigables pour lesquelles des cartes de navigation sont produites par le Service hydrographique du Canada ou la National Oceanic and Atmospheric Administration.

« quai »
dock

« quai » S’entend notamment d’un môle ou d’une jetée.

2. The heading before section 2 and sections 2 to 14 of the Order are replaced by the following:

TERMS AND CONDITIONS

Imposed under paragraph 13(1)(b) of Act

2. Subsections 3(4) to (8), 4(3) to (6), 5(3) to (7), 6(3) to (9), 7(3) to (11), 8(3) to (11), 9(3) to (5), 11(4) to (8), 12(3) to (8) and 13(4) and (5) are terms and conditions imposed under paragraph 13(1)(b) of the Act.

CLASSES OF WORKS

EROSION-PROTECTION WORKS

Definitions

3. (1) The following definitions apply in this section.

“erosion-protection works”
« ouvrages de protection contre l’érosion »

“erosion-protection works” means shoreline-stabilization, riprap or bank-protection works.

“groyne” or “spur”
« épi » ou « éperon »

“groyne” or “spur” means a structure built out from the bank of a navigable water in a direction transverse to the current in order to prevent erosion of the bank.

“riprap”
« enrochement »

“riprap” means a layer of stones or rocks placed irregularly on a slope or a bank of a navigable water in order to protect the slope or bank against scouring or erosion.

“shoreline-stabilization”
« stabilisation des rives »

“shoreline-stabilization” means stones, rocks, concrete, logs or other common building materials, or living plants, placed in order to protect the shores of a navigable water from erosion.

Class established

(2) Erosion-protection works are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are integrated with and parallel to the existing or natural shoreline or bank;
  • (b) the base of the works is 5 m or less from the high-water mark;
  • (c) the vertical to horizontal slope of the works from the navigable water is greater than 33%;
  • (d) the works are not associated with an existing or proposed structure, including a bridge, boom, dam or road, across the navigable water; and
  • (e) the works do not include groynes, spurs or other devices to deflect the current.

Temporary works — class established

(3) Temporary works that are required for the construction or placement of works of the class established by subsection (2) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (2) or (3), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) in the case of a river, a stream, a creek or similar navigable water that, when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side, is of a width set out in column 1 of the table to this subsection, signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place, upstream and downstream from the work site, at the minimum distance set out in column 2.

TABLE

Item Column 1
Width of Navigable Water
Column 2
Minimum Distance
1. Less than 10 m 25 m
2. 10 m or more but less than 20 m 50 m
3. 20 m or more but less than 50 m 100 m
4. 50 m or more 200 m

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (3), the owner of the works must ensure that

  • (a) if the works are on or over a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (3) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(7) The owner of works of the class established by subsection (2) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (3); or
  • (b) the removal of works of the class established by subsection (3).

Works in disrepair

(8) If works of the class established by subsection (2) become a danger to navigation because of disrepair, the owner of the works must immediately repair the works so that they are no longer a danger to navigation.

DOCKS AND BOATHOUSES

Class established

4. (1) Docks and boathouses are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are not within 5 m of the adjoining property lines at the ordinary high water mark;
  • (b) the works are not within 10 m of a dock, boathouse or other structure that is in, on, over, through or across the navigable water and that is not owned by the owner of the works;
  • (c) in the case of a charted navigable water, the works are not within 30 m of a navigation channel;
  • (d) the works do not extend further in, on or over the navigable water than any other structure within 100 m of the works;
  • (e) the works do not, when measured from the ordinary high-water mark, extend horizontally more than 30 m into, onto, over, through or across the navigable water;
  • (f) the works do not cross more than halfway from one side of the navigable water to the other side;
  • (g) the works are not associated with any other proposed works that are not of a class established by this Order; and
  • (h) the works are not used for float planes or other aircraft equipped with floats.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) if the works are on or over a navigable water, that the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (c) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(4) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(5) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Works in disrepair

(6) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.

BOAT RAMPS, SLIPWAYS AND LAUNCH RAMPS

Class established

5. (1) Boat ramps, slipways and launch ramps that are not marine railways are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are not within 5 m of the adjoining property lines at the ordinary high-water mark; and
  • (b) the works are not associated with any other proposed works that are not of a class established by this Order.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

  • (a) are in, on, over, under, through or across a navigation channel; or
  • (b) cross more than halfway from one side of the navigable water to the other side.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(4) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on or over a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(5) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(6) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Works in disrepair

(7) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.

AERIAL CABLES — POWER AND TELECOMMUNICATION

Class established

6. (1) Aerial cables that are over or across a navigable water and that are only for power or telecommunication purposes, and the associated structures and equipment, are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the width of the navigable water at the site of the crossing is less than 30 m when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side;
  • (b) the works are not over or across a lake or tidal waters;
  • (c) the works are not over or across a canal that is accessible to the public;
  • (d) the works do not include towers or poles within the area between the ordinary high-water marks on each side of the navigable water; and
  • (e) the works meet the requirements of section 5.3.3.2 of Overhead Systems, CAN/CSAC22.3 No. 1-10, as amended from time to time.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, under, through or across a navigation channel.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) in the case of a river, a stream, a creek or similar navigable water, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place 50 m upstream and downstream from the work site; and
  • (c) that any cables that are in, on, over, under, through or across the navigable water are not left unattended or unsupervised unless they meet the requirements referred to in paragraph (1)(e) or are lying on the bed of the water.

Removal of temporary works

(5) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Coast Guard on removal

(6) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are over or across a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Maintenance

(8) The owner of works of the class established by subsection (1) must ensure that the works continue to meet the requirements referred to in paragraph (1)(e).

Works in disrepair

(9) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.

Effective date of amendments

(10) An amendment to one language version of section 5.3.3.2 of Overhead Systems, CAN/CSA-C22.3 No. 1-10, is not incorporated until the corresponding amendment is made to the other language version.

SUBMARINE CABLES — POWER AND TELECOMMUNICATION

Class established

7. (1) Submarine cables that are only for power or telecommunication purposes are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works lie on or under the bed of the navigable water;
  • (b) the works do not extend vertically above the bed of the navigable water more than
    • (i) in the case of a navigable water of less than 15 m in depth, when measured from the ordinary high-water mark, 5% of the depth of the water when measured from the ordinary high-water mark, or
    • (ii) in any other case, 1 m;
  • (c) the works are not across the entrance to any port, including any marina;
  • (d) the works are not in a dredged channel or area with maintained depth; and
  • (e) the works are not in an area that is identified as an anchorage area on a Canadian Hydrographic Service or National Oceanic and Atmospheric Administration chart.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure, that if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are

  • (a) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length;
  • (b) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length;
  • (c) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length; or
  • (d) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are over or across a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Notification of Canadian Coast Guard on removal

(8) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Restoration of contours

(9) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2), or
  • (b) the removal of works of the class established by subsection (2).

Re-laying works

(10) Subject to subsection (11), if works of the class established by subsection (1) no longer lie on or under the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the works so that they lie on or under the bed; or
  • (b) remove the works.

Dangers to navigation

(11) The owner must immediately take the action referred to in subsection (10) if the works become a danger to navigation because they no longer lie on or under the bed of the navigable water.

PIPELINES BURIED UNDER THE BED OF NAVIGABLE WATER

Class established

8. (1) Pipelines that are buried under the bed of a navigable water and that are built or placed using a trenched method are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the width of the navigable water at the site of the crossing is less than 50 m when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side; and
  • (b) the construction or placement of the works is completed within two weeks after the day on which construction or placement of the works started.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works include or consist of cables that do not lie on the bed of the navigable water.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) if the works are under a river, a stream, a creek or similar navigable water that, when measured from the ordinary high-water mark on one side of the navigable water to the ordinary high-water mark on the other side, is of a width set out in column 1 of the table to this subsection, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place, upstream and downstream from the work site, at the minimum distance set out in column 2.

TABLE

Item Column 1
Width of Navigable Water
Column 2
Minimum Distance
1. Less than 10 m 25 m
2. 10 m or more but less than 20 m 50 m
3. 20 m or more but less than 50 m 100 m

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on, over or across a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Notification of Canadian Hydrographic Service on completion

(7) If works of the class established by subsection (1) are under the bed of a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify the Canadian Hydrographic Service that the works have been constructed or placed.

Notification of Canadian Coast Guard on removal

(8) If works of the class established by subsection (2) are in a charted navigable water, on removal of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been removed.

Restoration of contours

(9) The owner of works of the class established by subsection (1) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (2); or
  • (b) the removal of works of the class established by subsection (2).

Re-laying works

(10) Subject to subsection (11), if works of the class established by subsection (1) no longer lie on or under the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the works so that they lie on or under the bed; or
  • (b) remove the works.

Dangers to navigation

(11) The owner must immediately take the action referred to in subsection (10) if the works become a danger to navigation because they no longer lie on or under the bed of the navigable water.

PIPELINES AND POWER OR COMMUNICATION CABLES ATTACHED TO EXISTING WORKS

Class established

9. (1) Pipelines and cables that are attached to an existing work that was approved under the Act or is referred to in subsection 4(1) or (2) or section 8 of the Act, are established as a class of works for the purposes of subsection 5.1(1) of the Act if the works do not increase the interference with navigation caused by the existing work.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, under, through or across a navigation channel.

During construction or placement

(3) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site;
  • (b) if the works are on, over or across a navigable water, that the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (c) in the case of a river, a stream, a creek or similar navigable water, that signs stating “Construction Ahead” and “Travaux de construction” that are legible from at least 50 m are in place 50 m upstream and downstream from the work site.

Removal of temporary works

(4) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Works in disrepair

(5) If works of the class established by subsection (1) become a danger to navigation because of disrepair, the owner of the works must immediately

  • (a) repair the works so that they are no longer a danger to navigation; or
  • (b) remove the works.

WORKS WITHIN A BOOMED-OFF AREA UPSTREAM OR DOWNSTREAM OF AN EXISTING WORK FOR WATER CONTROL

Class established

10. Works within a boomed-off area upstream or downstream of an existing work for water control are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the existing work for water control was approved under the Act or is referred to in subsection 4(1) or (2) of the Act;
  • (b) the boom was approved under the Act or is referred to in subsection 4(1) or (2) of the Act;
  • (c) the works do not adversely affect the efficacy of the boom;
  • (d) the works do not alter the level or flow of the navigable water;
  • (e) the works are not related to rebuilding or alterations to the boom or the existing work for water control; and
  • (f) the owner of the works is also the owner of the boom or the existing work for water control.

OUTFALLS AND WATER INTAKES

Definitions

11. (1) The following definitions apply in this section.

“crib”
« encoffrement »

“crib” means pieces of timber affixed together to form bays or cells that are filled with stones or concrete.

“headpond”
« bassin d’amont »

“headpond” means a reservoir of water created by the construction of a dam or weir.

“outfall”
« émissaire »

“outfall” does not include a diffuser-type outfall.

“weir”
« déversoir »

“weir” means a low dam or barrier that raises the level or diverts the flow of a navigable water.

Class established

(2) Outfalls and water intakes are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works do not include a crib or other outfall or intake structure, such as a fish screen, an anchor, a collar or a weight, that extends vertically above the bed of the navigable water more than
    • (i) in the case of a navigable water of less than 15 m in depth when measured from the ordinary high-water mark, 5% of the depth of the water when measured from the ordinary high-water mark, or
    • (ii) in any other case, 1 m;
  • (b) the works do not alter the level or flow of the navigable water;
  • (c) in the case of a charted navigable water, the works are not within 30 m of a navigation channel; and
  • (d) the works are not associated with a dam, weir or headpond, including a proposed dam, weir or headpond.

Temporary works

(3) Temporary works that are required for the construction or placement of works of the class established by subsection (2) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (2) or (3), the owner of the works must ensure

  • (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site; and
  • (b) that no floating pipes are left unattended or unsupervised.

Removal of temporary works

(5) The owner of works of the class established by subsection (3) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Restoration of contours

(6) The owner of works of the class established by subsection (2) must, if the contours of the bed of the navigable water were disturbed by either of the following, ensure that the contours are restored to their natural state on completion of the construction or placement of the works:

  • (a) the placement or construction of the works or of works of the class established by subsection (3); or
  • (b) the removal of works of the class established by subsection (3).

Re-laying piping

(7) Subject to subsection (8), if the piping of works of the class established by subsection (2) no longer lies on the bed of the navigable water, the owner of the works must, as soon as feasible,

  • (a) re-lay the piping so that it lies on the bed; or
  • (b) remove the works.

Dangers to navigation

(8) The owner must immediately take the action referred to in subsection (7) if the piping becomes a danger to navigation because it no longer lies on the bed of the navigable water.

DREDGING

Class established

12. (1) Dredging is established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the works are done in order to maintain the width or depth of the navigable water;
  • (b) all dredged materials are disposed of
    • (i) above the ordinary high-water mark, or
    • (ii) in water where the disposal is authorized by or under an Act of Parliament;
  • (c) the works do not use any suction dredging that involves the use of floating or submerged pipes;
  • (d) the works have no cables that cross on, over or through any portion of the navigable water; and
  • (e) the works do not include blasting.

Temporary works — class established

(2) Temporary works that are required for the construction or placement of works of the class established by subsection (1) are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works are in, on, over, under, through or across a navigation channel marked by the federal government, a provincial government or an agency of one of those governments.

Prior notification of Canadian Coast Guard

(3) If works of the class established by subsection (2) are in a charted navigable water, the owner of the works must, at least 48 hours before the construction or placement of the works starts, in writing notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which construction or placement of the works is expected to start.

During construction or placement

(4) During the construction or placement of works of the class established by subsection (1) or (2), the owner of the works must ensure that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction or placement, that suitable means, such as a portage, exist to allow vessels to resume navigation on the other side of the work site.

During construction or placement of temporary works

(5) During the construction or placement of works of the class established by subsection (2), the owner of the works must ensure that

  • (a) if the works are on, over or across a navigable water, the works are marked, from dusk to dawn and during periods of restricted visibility, with yellow flashing lights that are
    • (i) located on the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located on each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located on each end of the works and at any other location on the works so that the lights are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located on each end of the works and at 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
  • (b) if the works are in or through a navigable water, the works are marked with cautionary buoys that are lighted from dusk to dawn and during periods of restricted visibility and are
    • (i) located at the end of the works that is farthest from the nearest bank or shore, if the works are not more than 3 m in length,
    • (ii) located at each end of the works, if the works are more than 3 m in length but not more than 20 m in length,
    • (iii) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 20 m apart, if the works are more than 20 m in length but not more than 30 m in length, or
    • (iv) located at each end of the works and at any other location alongside the works so that the buoys are spaced not more than 30 m apart, if the works are more than 30 m in length.

Removal of temporary works

(6) The owner of works of the class established by subsection (2) must ensure that they are completely removed on completion of the construction or placement of the works for which they were required.

Contouring

(7) The owner of works of the class established by subsection (1) must ensure that the bed of the navigable water is, on completion of the construction or placement of the works, contoured to prevent hazards to navigation.

Notification of Canadian Coast Guard on completion

(8) If works of the class established by subsection (1) or (2) are in a charted navigable water, on completion of the construction or placement of the works the owner of the works must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre that the works have been completed.

MOORING SYSTEMS

Definitions

13. (1) The following definitions apply in this section.

“length”
« longueur »

“length” means, in respect of a vessel, the distance between the fore and aft extremities of the vessel.

“mooring system”
« système d’amarrage »

“mooring system” means a system that is used to secure a vessel and that consists of an anchor that is set in or on the bed of a navigable water, a single anchor line, a single buoy and a mooring line to attach to a vessel.

“swing area”
« aire d’évitage »

“swing area” means the diameter of a circle created by the swinging of a vessel moored to a mooring system.

Class established

(2) Mooring systems are established as a class of works for the purposes of subsection 5.1(1) of the Act if

  • (a) the swing area of the works is not
    • (i) within 20 m of a work, other than a pipeline or an aerial or submarine cable, that is not owned by the owner of the works,
    • (ii) within 20 m of the swing area of another work of the class established by this subsection, or
    • (iii) within 50 m of a marina, public launch-ramp or navigation channel;
  • (b) the works are not associated with an existing or proposed marina;
  • (c) the width of the navigable water is more than 100 m when measured from the ordinary high-water mark on one side of the water to the ordinary high-water mark on the other side; and
  • (d) the buoy has the following characteristics:
    • (i) the name, address and telephone number of the owner of the works is displayed on it in a conspicuous location and in a legible manner,
    • (ii) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high,
    • (iii) the top third of the buoy is orange and the rest of it is white, and
    • (iv) the buoy displays, on opposite sides, the capital letters “PRIV”, which are in black and are as large as is practicable for the size of the buoy.

Swing area

(3) For the purposes of subparagraphs (2)(a)(i) and (ii), the swing area of a vessel is considered to be the area set out in column 1 of the table to this subsection when the navigable water has the depth set out in column 2

  • (a) at the higher high-water mean tidewater level, in the case of tidal waters; or
  • (b) at the 10-year high-water level, in any other case.

TABLE

Item Column 1
Swing Area
Column 2
Depth of Navigable Water
1. 50 m 6 m or less
2. 70 m More than 6 m but not more than 10 m
3. 80 m More than 10 m but not more than 14 m
4. 100 m More than 14 m

Buoys and anchors

(4) The owner of the works must

  • (a) ensure that
    • (i) the buoy maintains the characteristics described in paragraph (2)(d) during the navigation season, and
    • (ii) the anchor remains in the position in which it was set in or on the bed of the navigable water; and
  • (b) comply with any order made under section 5 of the Private Buoy Regulations in respect of the buoy.

Mooring of vessels and removal of works

(5) The owner of the works

  • (a) must not moor, or permit the mooring of, a vessel that is more than 12 m in length to the works; and
  • (b) must remove the works if
    • (i) any part of the works is removed, or
    • (ii) during any two-year period, no vessel has moored to the works.

COMING INTO FORCE

3. This Order comes into force on the day on which it is made.

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