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Transport Canada
Home > Marine Transportation > Marine Safety > Operations & Environment > Navigable Waters Protection Program > Frequently Asked Questions
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Questions about the Navigable Waters Protection Act or NWPA What are Navigable Waters? What is the Public Right to Navigation? What is the purpose of the Navigable Waters Protection Act (NWPA)? Who administers the NWPA? Will the NWPA affect me? What is an Approval? What is a Work/Works? General Questions about the Application for Approval Who is a client or proponent? What do I do before I start my construction? Why do I have to comply with the NWPA? How does the NWPA application and review process work? I've heard that construction projects are treated differently depending on whether there is Substantial Interference or Not. What does this mean? What is CEAA? I've been told that I need to Advertise my project. How do I advertise my project to the public? What is the Canada Gazette? Who is a Commissioner of Oaths? Specific Questions about the Application for Approval Do temporary works require an approval from Transport Canada? How long is considered Temporary? I own waterfront property that I plan to sell does Transport Canada determine the navigability of my waterway? Can I build in the water included in my lot? Is approval for bubbler systems required under the Navigable Waters Protection Act? What is the ordinary high water mark and why is it significant? What should I be aware of if my project involves infill of navigable water? Questions about Amendments to the Navigable Waters Protection Act So what has changed under this amended law? Why did the government make changes to the Navigable Waters Protection Act? Do these changes mean there will be a decline in environmental assessments? Were stakeholders consulted on the changes to the Act? Will there be future opportunities for all stakeholders to have a say in the new rules? The Minister has new delegation powers under the revised Act. Does this mean anyone can approve projects on his behalf? What are the new penalties included in the legislation? What is the exemption for existing Crown Works under the new Act? Questions about Minor Works and Waters What are minor works and waters and why was this introduced? Who is responsible for determining the minor navigable waters and works? How will I know which works
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and/or waters fall under these specific classes? Will the introduction of minor works and navigable waters under the revised Act mean that government protection of navigable waters has been eliminated or reduced? Questions about the Receiver of Wreck duties of the NWPP What is a wreck? What type of obstructions or hazards is Transport Canada responsible for? If I see something in the water that is interfering with navigation do I report that to the NWPP? Questions about Salvaging Wrecks Definitions Who can salvage a wreck? What must I do as a salvor when I discover wreck? As a salvor can I keep any wreck that I discover? Would I be compensated for any salvage costs incurred? What types of wreck are most frequently salvaged in Canada? What should a salvor not salvage and why? Will the Receiver of Wreck assist me in protecting my discovery from other salvors? What are the consequences if I do not deliver wreck to the Receiver? Contact us Where can I obtain additional information?
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The NWPA minimizes the interference of navigation on navigable waters throughout Canada. It ensures a balance between the public right to navigate and the need to build works such as bridges, dams or docks in navigable waters. With this goal in mind, the NWPA: prohibits construction in navigable waters regulates the removal of wreck and other obstacles to navigation and prohibits the throwing or depositing of any material into navigable waters. Unless you have gone through the Approval process and the Minister of Transport has approved the work, site and plans, Or unless your work or the water qualifies as a minor work or water. The Act applies to any interference of navigation in, on, over, under, through or across Canadian navigable waterways. Contact the NWPP office in your region for more information about the approval process or for help on determining a minor work or water. Or call toll-free 1-877-842-5606 At Your Service.
What is an Approval?
Approval refers to an approval document authorizing construction in navigable waters. The Minister of Transport or his/her designated representative issues this document.
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The term work or works refers to any proposed project that is subject to review and approval under the Navigable Waters Protection Act (NWPA). any man-made structure, device or thing temporary or permanent any dumping of fill in navigable water, and any excavation of materials from the bed of any navigable water. Works also include all other construction, permanent or temporary, related to the main project. Some examples include: any bridge, boom, dam, wharf, dock, pier, tunnel or pipe, telegraph, power cable or wire. It is wise to contact your local NWPP Office before proceeding with construction in navigable waters. Or you can call a central line toll-free by dialing 1-877-842-5606 At Your Service.
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encourage you to contact your local municipal offices early in the planning stage to discuss their requirements.
I've heard that construction projects are treated differently depending on whether there is Substantial Interference or Not. What does this mean?
Applications are reviewed through one of two subsections in the Navigable Waters Protection Act (NWPA). The NWPP Officer will decide how much the work will interfere with navigation whether your project may interfere substantially, or whether it will not interfere substantially. What happens next depends directly on that decision. 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
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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 is CEAA?
The Canadian Environmental Assessment Act (CEAA) requires that federal agencies ensure an assessment is completed on certain projects to ensure that irreversible damage to the environment is not caused by the project. The approval process under the Navigable Waters Protection Act often requires this environmental review. Visit the Canadian Environmental Assessment Agency for more information on the Canadian Environmental Assessment Act.
I've been told that I need to Advertise my project. How do I advertise my project to the public?
Occasionally, a proponent must inform the public of the intended project in order to allow the public a chance to comment. (The public has an opportunity to comment on the project's potential impact on their personal navigation and the environment during the advertisement and CEAA stages.) Because the advertising must be presented in a specific form and fashion, we recommend that you consult with an NWPP Officer before creating the advertisement. You might have to repeat the process if you advertise outside of the NWPP timeframe or in a different format or location. The NWPP Officer will guide your advertising and may be able to supply you with templates and tools to aid the process.
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of certain documents such as: copies of advertising, copies of plans deposited and statements made to prove ownership of wrecks The Commissioner for Oaths ensures that the documents are accurate and that the person making and submitting the documents is indeed the person stated in them. Persons designated to act as Commissioners for Oaths, usually, under provincial legislation are: Court officials Notary Public Lawyers Full-time commissioned officers in the Canadian Forces Members of a legislative assembly Members of a municipal councilor or a board of education of a ward or division
I own waterfront property that I plan to sell does Transport Canada determine the navigability of my waterway? Can I build in the water included in my lot?
Transport Canada's determination of the navigability for waterways is solely related to the approval of works on those waterways. For the purposes of land severance owners should use the services of a land surveyor or a lawyer to research historical data and provide an opinion. A water lot is a piece of land lying under a body of water. Water lots can be commercially or privately owned. Owning a water lot gives the owner property rights on that piece of land. The owner of the water lot does not own the water column above the water lot and owners cannot take away the public right to navigate on that waterway. Only approval from the federal government can give this authority.
Is approval for bubbler systems required under the Navigable Waters Protection Act?
A bubbler is a system of pipelines on the bed that inject air or water into the water column. It creates turbulent waters around the boat or dock preventing the formation of thick ice. Pipelines resting on the bed of the water or suspended in the water column may needs approval.
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Fans can also prevent ice freezing in much the same way. Fans are suspended in the water column and circulate the natural water. Temporary fans suspended in the water do not require approval in the winter. Note: The action of safeguarding the ice and the hole that is created is a criminal code responsibility. It falls under the Criminal Code under Duty to safeguard opening in ice. Any questions regarding the marking of the opening in the ice should be directed to your local OPP detachment. Additional information on bubbler systems and your responsibilities can be found at http://laws.justice.gc.ca/en/C-46/ under Section 263 Offences Against the Person.
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Tailings Deposition Areas Tailing areas affecting the public right to navigation are addressed by Section 23 of the NWPA and involve special permits through Order In Council. Multiple federal and provincial departments and agencies are involved and extensive public consultation and environmental assessment is required. Disposal of Dredged Soil Disposing dredged soil into an approved dumpsite underwater is reviewed under Part II of the Act.
Why did the government make changes to the Navigable Waters Protection Act?
The Navigable Waters Protection Act (NWPA) is one of the oldest Acts in Canadian history. Drafted in the 1880s, the NWPA remained largely unchanged until March 12, 2009, when the amendments came into force. Although the Act itself had not been changed legislatively in over a century, as time past the application of the Act had expanded far beyond its original intent. Passed in response to the urgent worldwide economic climate that arose in 2009, the intent was to accelerate the NWPP approval process by facilitating speedier review of minor projects and allowing government efforts to be concentrated on substantial waters and projects that interfere with navigation. By focusing project reviews more on waterways of navigational value and on works that may interfere significantly with navigation, the changes to the Act should ultimately save proponents both money and time.
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The revised Act will reduce the level of review of these minor projects and allow for more in-depth reviews of the substantial projects that are of greater concern to the Canadian public.
Will there be future opportunities for all stakeholders to have a say in the new rules?
Yes. Transport Canada is committed to the five-year review clause under the amended Act. Stakeholders will be able to provide input through this review process and will have the opportunity to work with the department on any issues and challenges related to the implementation of the amendments. This includes the potential development of future regulations. Future opportunities for consultation may also be included during the regulation development process.
The Minister has new delegation powers under the revised Act. Does this mean anyone can approve projects on his behalf?
Only certain employees are authorized to issue Approvals for the Minister of Transportation. Under the Delegation of Authority Act, Ministers are able to assign certain duties (i.e. issuing of approvals). For many years, some Transport Canada officials, including Managers of the Navigable Waters Protection Program, have had delegated authority to issue project Approvals. These staff members are recognized throughout the federal government as experts in the area of navigation and navigation impacts. Only the employees of Transport Canada with these delegated authorities and proper training are authorized to carry out these duties.
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to non-compliance. These stiff new penalties reflect the government's ongoing concern towards maintaining the safety of public navigation and the environment.
What is the exemption for existing Crown Works under the new Act?
Prior to 1992, the Crown (various levels of government, departments and agencies) did not believe that works constructed by the Crown were subject to the NWPA. That interpretation was changed by a 1992 Supreme Court decision (Old Man River Dam), which determined that the application of the NWPA indeed applied to Crown works. Consequently, thousands of existing Crown works have never received NWPA approval. In the past, when these works needed repair or modification, an Application for Approval of the existing work itself was required first beforethe Crown could submit a second application for the repair or modification. To eliminate the extra time and effort spent on issuing multiple approvals, existing works owned by the Crown are now grand fathered and do not need to apply for the original Approval. It is important to note however, that existing Crown works needing repair or modification are still subject to the requirements under the NWPA and that the Approval for the modifications must be granted before the project can begin.
Who is responsible for determining the minor navigable waters and works? How will I know which works and/or waters fall under these specific classes?
Minor Waters - An exemption is granted when their physical characteristics limit any realistic potential for practical navigation, for example, drainage ditches, seasonal waterways, private lakes etc. Proponents of potential works are expected to use the criteria as outlined in Minor Works and Waters (Navigable Waters Protection Act) Order to self-assess based on the criteria at hand. The proponents are fully responsible for ensuring that all criteria are being met in order to comply with the Order requirements. Failure to do so may result in enforcement measures. If in doubt, we recommend that you contact your regional NWPP office for advice or call toll-free 1-877-8425606 At Your Service.
Will the introduction of minor works and navigable waters under the revised Act mean that
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If I see something in the water that is interfering with navigation do I report that to the NWPP?
Transport Canada only has the authority to respond to complaints that pertain to navigational issues (hazards or obstructions to navigation). To lodge a complaint, call toll-free 1-877-842-5606 At Your Service to be directed to your closest regional NWPP office.
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When you call, please have the following information ready: how this is affecting the navigation of the water the exact location of the issue and any contact information on the owner of the obstruction, if known.
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Aircraft
Will the Receiver of Wreck assist me in protecting my discovery from other salvors?
Salvors have no ownership rights to the wreck and the Receiver of Wreck will not protect or patrol the wreck site.
Contact us
Where can I obtain additional information?
Contact the Navigable Waters Protection Program office, Receivers of Wreck Date modified: 2010-06-09 in your region.
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