Canadian Navigable Waters Act

Marginal note:Regulations by Governor in Council

• 28 (1) The Governor in Council may, for the purposes of this Act, make regulations

  • (a) respecting time limits for issuing approvals or for refusing to do so;

  • (b) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees;

  • (c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;

  • (d) respecting the water levels and water flow necessary for navigation;

  • (e) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters;

  • (e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3);

  • (f) respecting areas contiguous to works that are necessary for the safety of persons and navigation;

  • (f.1) respecting places in any navigable water where stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;

  • (g) respecting notification requirements in the case of a change in owner of a work;

  • (g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2;

  • (g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent;

  • (h) excluding any thing from the definition obstruction in section 2;

  • (i) designating any provision of this Act, of the regulations or of an order as a provision whose contravention may be proceeded with as a violation in accordance with sections 39.1 to 39.26;

  • (j) establishing a penalty, or a range of penalties, in respect of each violation;

  • (k) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

  • (l) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (m) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part;

  • (n) providing for a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner and providing, among other things, the circumstances in which the lesser amount may be set out in a notice of violation;

  • (o) prescribing anything that is to be prescribed under this Act; and

  • (p) for carrying out the purposes and provisions of this Act.

• Marginal note:Minister’s power

  (2) The Minister may make an order

  • (a) designating any works that are likely to slightly interfere with navigation as minor works;

  • (b) designating any works that are likely to substantially interfere with navigation as major works;

  • (c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters; and

  • (d) respecting the registry established under section 27.2, including specifying records or information to be posted on the Internet site.

• Marginal note:Classes

  (3) A regulation or order made under this section may establish classes and distinguish among those classes.

• Marginal note:Conflict

  (4) If there is a conflict between a regulation made under paragraph (1)(e) and an order made under paragraph (2)(c), the regulation prevails.

• (5) [Repealed, 2019, c. 28, s. 61]