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Navigable Waters Protection Act

Navigable Waters Protection Act

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Published by mikedesouza
Frequently asked questions and answers from Transport Canada about the Navigable Waters Protection Act. The FAQ highlights the environmental component of the legislation that Stephen Harper's government proposed to change in fall 2012 budget implementation legislation.
Frequently asked questions and answers from Transport Canada about the Navigable Waters Protection Act. The FAQ highlights the environmental component of the legislation that Stephen Harper's government proposed to change in fall 2012 budget implementation legislation.

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Published by: mikedesouza on Oct 24, 2012
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10/24/12 10:36 AMFrequently Asked Questions - Transport CanadaPage 1 of 15http://webcache.googleusercontent.com/search?q=cache:BuhGzFn8RyIJ…+navigable+waters+protection+act+canada&cd=4&hl=en&ct=clnk&gl=ca
Text-only versionThis is Google's cache of http://www.tc.gc.ca/eng/marinesafety/oep-nwpp-faqs-202.htm. It is a snapshot of thepage as it appeared on 13 Oct 2012 15:37:09 GMT. Thecurrent pagecould have changed in the meantime.Learn moreTip: To quickly find your search term on this page, press
Ctrl+F
or 
-F
(Mac) and use the find bar.These search terms are highlighted:
 
navigable
 
waters
 
protection
 
act
 
canada
 
Home >Marine Transportation >Marine Safety >Operations & Environment >
Navigable
 
Waters
 
Protection
Program >Frequently Asked Questions
Frequently Asked Questions
Navigable Waters Protection Program
OverviewRegulatory FrameworkMinor Works &
 
OrderNWPP Regulatory Development Web Log  Application Aquaculture Site Marking RequirementsFAQReceiver of WreckRelated SitesNWPP PublicationsContact Us or call toll-free:1-877-842-5606
 
Transport
Canada
 
10/24/12 10:36 AMFrequently Asked Questions - Transport CanadaPage 2 of 15http://webcache.googleusercontent.com/search?q=cache:BuhGzFn8RyIJ…+navigable+waters+protection+act+canada&cd=4&hl=en&ct=clnk&gl=ca
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 “SubstantialInterference 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 mywaterway? 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 projectson 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
 
10/24/12 10:36 AMFrequently Asked Questions - Transport CanadaPage 3 of 15http://webcache.googleusercontent.com/search?q=cache:BuhGzFn8RyIJ…+navigable+waters+protection+act+canada&cd=4&hl=en&ct=clnk&gl=ca
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
DefinitionsWho 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?
Questions about the
 
 Navigable Waters Protection Act 
or NWPA
What are Navigable Waters?
In general,
navigable
 
waters
include all bodies of water that are capable of being navigated by
any type of floating vessel
for
transportation, recreation
or
commerce
.*Note: Frequency of navigation may not be a factor in determining a
navigable
waterway. If it has thepotential to be navigated, it will be determined “
navigable
”.
What is the Public Right of Navigation?
The Canadian public right of navigation is not written anywhere – it is a right that has developed over timethrough Common Law. If the
waters
are
navigable
, then the public has the right to navigate. Gainingapproval to restrict the public's right to navigate can only be done a few ways, including an
Act
of Parliament.
What is the purpose of the
 Navigable Waters Protection Act 
(NWPA)?

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