The Navigable Waters Protection Act (NWPA), Chapter N-22, is a federal law designed to protect the public right of navigation in Canadian waters, as defined by the law, by prohibiting the building, placing or maintaining of any work whatsoever in, on, over, under, through or across any such navigable water, without the authorization of the Minister of Transport Canada.
The expression « navigable water » designates any body of water capable, in its natural state, of being navigated by any type of floating vessel for the purpose of transportation, recreation or commerce and includes a canal and any other body of water created or altered for the benefit of the public, as a result of the waterway assigned for public use.
The public right of navigation also includes the use of both pleasure craft and commercial ships as well as all other types of boats.
The Navigable Waterways Protection Act (NWPA), Revised Statutes of Canada, 1985, is one of the oldest pieces of federal legislation. It first became law on May 17, 1882, and was originally intended to protect marine navigation routes by controlling the logging industry and the construction of bridges and dams.
It has undergone a number of changes over the years and its application no0w involves all works in, over, under through or across any navigable waterway in Canada.
Although the scope of the Act has been broadened over the years, its main objective is still to protect the public right to navigation. Today, the Act applies to many different types of projects undertaken on any of the navigable waterways and coastal zones of Canada.
The Navigable Waters Protection Program is implemented in order to protect the public right to marine navigation, to ensure the safety of mariners and to protect the marine environment by enforcing the Navigable Waters Protection Act and the Canadian Environmental Assessment Act with respect to major projects
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