INTERPRETATION

1. The following definitions apply in this Order.

“navigation channel”
« chenal de navigation »

EROSION PROTECTION WORKS

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

“shoreline stabilization”
« stabilisation des rives »

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 waters is greater than 33%;

(d) the works are not associated with an existing or proposed structure, including a bridge, a boom, a dam or a road, across the navigable waters; and

(e) the works do not include groynes or spurs or other devices to deflect the current.

Terms and conditions — during construction or placement

(3) The following terms and conditions are imposed during the construction or placement of the works:

(a) vessels shall be allowed safe access through the work site at all times, and shall be assisted as necessary; and

(b) if the works are in, on or under a river, a stream, a creek or similar navigable waters of a width set out in column 1 of the table to this subsection, signs stating “Warning — Construction Ahead” and “Attention — Travaux de construction” that are legible from at least 50 m shall be in place, upstream and downstream from the work site, at the minimum distance set out in column 2.

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

Class established

3. 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 at least 5 m from the adjacent property boundaries and property line extensions;

(b) the works are at least 10 m from any dock, boathouse or other structure that is fully or partially in, on or over the navigable waters;

(c) the extremity of the works that is furthest from the land is at least 30 m away from any navigation channel;

(d) the works do not extend further in, on or over the navigable waters than any adjacent docks;

(e) the works are not associated with any other proposed works, such as launch ramps, breakwaters, landfill, dredging and marinas; and

(f) the works are not used for float planes or other aircraft equipped with floats.

WINTER CROSSINGS

“ice breaker” « brise-glace »

Class established

(2) Crossings built or placed on, over or across navigable waters that are frozen to such an extent that navigating by a vessel other than an ice breaker is not possible are established as a class of works for the purposes of subsection 5.1(1) of the Act.

Terms and conditions

(3) The following terms and conditions are imposed:

(a) before spring break-up commences, all parts of the works, including piers, abutments, log fills and debris, shall be completely removed from the navigable waters, including the area from the waters’ edge to the high-water mark; and

(b) before the navigable waters are thawed to such an extent that navigating by a vessel other than an ice breaker is possible, the bed of the navigable waters shall be restored to its natural contours if the works disturbed it.

AERIAL CABLES — POWER AND COMMUNICATION

Class established

5. (1) Aerial cables that consist only of power lines and communication cables, 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 waters that the cables are over or across is less than 15 m when measured from the high-water mark on one side to the high-water mark on the other side of the waters;

(b) the works meet the design and construction requirements of Overhead Systems, CAN/CSA-C22.3 No. 1-06, as amended from time to time;

(c) the works are more than 1 000 m from any lake or tidal waters;

(d) the works are not over or across charted navigable waters;

(e) the works are not over or across a canal that is accessible to the public; and

(f) the works do not include towers or poles within the navigable waters, including within the area from the waters’ edge to the high-water mark.

Terms and conditions — during construction or placement

(2) The following terms and conditions are imposed during the construction or placement of the works:

(a) if the works are over or across a river, a stream, a creek or similar navigable waters, signs stating “Warning – Construction Ahead” and “Attention – Travaux de construction” that are legible from at least 50 m shall be in place 50 m upstream and downstream from the work site;

(b) vessels shall be allowed safe access through the work site at all times, and shall be assisted as necessary;

(c) any cables intended to be part of the works, and any temporary cables, that do not meet the design and construction requirements of the standard referred to in paragraph (1)(b) shall not be left unattended or unsupervised; and

(d) any temporarily submerged cables that are not lying on the bed of the navigable waters shall not be left unattended or unsupervised.

Term and condition — maintenance and operation

(3) A term and condition is that the works shall be maintained and operated in accordance with the requirements of the standard referred to in paragraph (1)(b).

SUBMARINE CABLES — POWER AND COMMUNICATION

Class established

6. Submarine cables that consist only of power lines and communication cables 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 natural contours of the bed of the navigable waters;

(b) the works are more than 10 m from any dock or boat launch;

(c) the works are not in or under charted navigable waters; and

(d) the works are not across the entrance to any port, including any marina or yacht club.

PIPELINE CROSSINGS

Class established

7. (1) Pipelines that are buried beneath the bed of navigable waters are established as a class of works for the purposes of subsection 5.1(1) of the Act unless

(a) the works are regulated under the National Energy Board Act;

(b) the works are under charted navigable waters;

(c) the works require the placement of temporary cables not lying on the bed of the waters, to facilitate the construction, placement, testing, alteration or repair of the works; or

(d) the width of the waters at the crossing location exceeds 50 m.

Terms and conditions — during construction or placement

(2) The following terms and conditions are imposed during the construction or placement of the works:

(a) vessels shall be allowed safe access through the work site at all times, and shall be assisted as necessary; and

(b) if the works — unless they are directionally drilled pipelines — are under a river, a stream, a creek or similar navigable waters of a width set out in column 1 of the table to this subsection, signs stating “Warning — Construction Ahead” and “Attention — Travaux de construction” that are legible from at least 50 m shall be in place, upstream and downstream from the work site, at the minimum distance set out in column 2.

2.

10 m or more but less than 20 m

 50 m

3.

20 m or more but less than 50 m

100 m

Term and condition — on completion of construction

(3) A term and condition is that the bed of the navigable waters shall be restored to its natural contours on completion of the construction of the works.

WATER INTAKES

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

“weir”
« déversoir »

Class established

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

(a) the intake pipe is less than 10 cm in diameter and lies on the bed of the navigable waters;

(b) the intake end of the works is

(i) in waters more than 2.5 m in depth, in the case of uncharted navigable waters, or

(ii) in waters less than 0.5 m, according to chart datum, in the case of charted navigable waters;

(c) the works are more than 50 m from a navigation channel;

(d) the works do not include a crib or other intake structure, such as an anchor, a collar or a weight, that extends more than 50 cm above the bed of the navigable waters; and

(e) the works are not associated with a dam, a weir or a headpond, including a proposed dam, weir or headpond.

Term and condition

(3) A term and condition is that no floating pipes shall be left unattended or unsupervised during the construction or placement of the works.

DREDGING

Class established

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

(a) the works consist of regular maintenance around docks, retaining walls, marina basins or other structures;

(b) the works and associated marine equipment are more than 30 m from a navigation channel;

(c) all dredged materials are disposed of

(i) above the high-water mark, or

(ii) in waters where the disposal is authorized by or under an Act of Parliament and where there are more than 20 fathoms (36.576 m) of water at all times;

(d) no suction dredging that includes any floating or submerged pipes is used;

(e) the works have no cables that cross on, over or through any portion of the navigable waters; and

(f) the works do not include blasting.

Terms and conditions

(2) The following terms and conditions are imposed:

(a) if the works are in charted navigable waters, before commencing the works, the owner shall request the Canadian Coast Guard to issue a Notice to Shipping; and

(b) vessels shall be allowed safe access through the work site at all times, and shall be assisted as necessary.

TEMPORARY WORKS

Class established

10. (1) Temporary works that are required for the construction or placement of works of a class established by any of sections 2 to 9 are established as a class of works for the purposes of subsection 5.1(1) of the Act unless the temporary works

(a) are roads, bridges, dams, cofferdams, berms or booms;

(b) change the course of the navigation channel in the navigable waters;

(c) cross more than halfway from one side of the navigable waters to the other side; or

(d) are in, on, over, under, through or across a navigation channel.

Terms and conditions — during construction or placement

(2) The following terms and conditions are imposed during the construction or placement of the temporary works:

(a) vessels shall be allowed safe access through the work site at all times, and shall be assisted as necessary;

(b) 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

(i) 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,

(ii) 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

(iii) 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

(c) 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

(i) 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,

(ii) 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

(iii) 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.

Term and condition — on completion of construction or placement

(3) The following terms and conditions are imposed on completion of the construction or placement of the other works for which the temporary works were required:

(a) the temporary works shall be completely removed; and

(b) if the temporary works disturbed the bed of the navigable waters, it shall be restored to its natural contours.

MINOR NAVIGABLE WATERS

Definitions

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

“natural obstacle”
« obstacle naturel »

“natural obstacle” means a natural physical obstruction in navigable waters, such as a beaver dam, a deadfall, a steep drop or thick vegetation, that prevents the passage of a vessel.

“high-water level”
« laisse des hautes eaux »

“high-water level” means the level at which navigable waters begin to overflow their natural banks.

“sections of navigable waters”
« sections des eaux navigables »

“sections of navigable waters” means 200 m long sections of navigable waters.

Class established — width or depth of navigable waters

(2) Sections of navigable waters are established as a class of navigable waters for the purposes of subsection 5.1(1) of the Act if

(a) the average width of the navigable waters measured at the high-water level is less than 1.20 m; or

(b) the average depth of the navigable waters measured at the high-water level is less than 0.30 m.

Class established — width of navigable waters and other criteria

(3) Sections of navigable waters are established as a class of navigable waters for the purposes of subsection 5.1(1) of the Act if the average width of the navigable waters measured at the high-water level is 1.20 m or more but not more than 3.00 m and

(a) the average depth of the navigable waters measured at the high-water level is 0.30 m or more but not more than 0.60 m;

(b) the slope of the navigable waters measured at the high-water level is greater than 4%;

(c) the sinuosity ratio is greater than 2; or

(d) there are more than two natural obstacles in the navigable waters, at least one of which is upstream and another of which is downstream from the midpoint of the centre line of the navigable waters.

Slope and sinuosity ratio

(4) For the purposes of subsection (3),

(a) the slope of the navigable waters is the differential elevation of the water surface from the upstream end of the centre line of the navigable waters to the downstream end of that line; and

(b) the sinuosity ratio is the ratio of the length of the centre line of the navigable waters to the length of a straight line that starts and ends at the same points as the centre line.

Term and condition

(5) With respect to any work built or placed in, on, over, under, through or across navigable waters of a class established by subsection (2) or (3), a term and condition is that the midpoint of the work shall be built or placed 100 m from each end of navigable waters of that class.

Non-application

(6) Subsection (5) does not apply to

(a) works of a class established by any of sections 2 to 10; or

(b) temporary works that are required for the construction or placement of a work that meets the term and condition referred to in that subsection, unless the temporary works

(i) are roads, bridges, dams, cofferdams, berms or booms,

(ii) change the course of the navigation channel in the navigable waters, or

(iii) cross more than halfway from one side of the navigable waters to the other side, or

(iv) are in, on, over, under, through or across a navigation channel.

ARTIFICIAL IRRIGATION CHANNELS AND DRAINAGE DITCHES

Class established

12. Artificial irrigation channels and drainage ditches, other than ones created or built in whole or in part from a natural body of water, that have an average width of less than 3.00 m are established as a class of navigable waters for the purposes of subsection 5.1(1) of the Act.

PRIVATE LAKES

Class established

13. Lakes that are 5 hectares or less in area are established as a class of navigable waters for the purposes of subsection 5.1(1) of the Act if

(a) one person, other than Her Majesty in right of Canada or a province, is the registered owner of all of the land abutting the lake;

(b) there are no navigable waters that enter into or exit from the lake;

(c) there is no current or past public access to the lake; and

(d) there are no easements or servitudes that allow access to the lake.

COMING INTO FORCE

Date of coming into force

14. This Order comes into force 30 days after the day on which it is published in the Canada Gazette, Part I.

[19-1-o]