Canadian Navigable Waters Act (R.S.C., 1985, c. N-22)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Navigable Waters Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

designated work

designated work[Repealed, 2019, c. 28, s. 47]

ferry cable

ferry cable[Repealed, 2012, c. 31, s. 317]

Indigenous knowledge

Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

major work

major work means any work designated under paragraph 28(2)(b). (ouvrage majeur)

Minister

Minister means the Minister of Transport. (ministre)

minor water

minor water[Repealed, 2019, c. 28, s. 47]

minor work

minor work means any work designated under paragraph 28(2)(a). (ouvrage secondaire)

navigable water

navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and

• (a) there is public access, by land or by water;

• (b) there is no such public access but there are two or more riparian owners; or

• (c) Her Majesty in right of Canada or a province is the only riparian owner. (eaux navigables)

obstruction

obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle)

owner

owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. (propriétaire)

person in charge

person in charge, with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser. (responsable)

Tribunal

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

vessel

vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment)

work

work includes

• (a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and

• (b) any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. (ouvrage)

Marginal note:For greater certainty — navigable water

2.01 For greater certainty, the definition navigable water in section 2 does not include artificial irrigation channels or drainage ditches.

Her Majesty

Marginal note:Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada or a province.

Indigenous Peoples of Canada

Marginal note:Rights of Indigenous peoples of Canada

2.2 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Marginal note:Duty of Decision Maker

2.3 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Works

Prohibition

Marginal note:Works

3 Except in accordance with this Act, it is prohibited to construct, place, alter, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water.

Minor Works in any Navigable Water

Marginal note:Minor works

• 4 (1) An owner of a minor work may construct, place, alter, rebuild, remove or decommission the minor work in, on, over, under, through or across any navigable water in accordance with the requirements under this Act.

• Marginal note:Repair, maintenance, operation and use

  (2) The owner must repair, maintain, operate and use the minor work in accordance with the requirements under this Act.

Major Works in any Navigable Water and Works in Navigable Waters Listed in Schedule

Marginal note:Notice

4.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works may do so if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation and the owner, before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister:

• (a) a major work in, on, over, under, through or across any navigable water; or

• (b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.

Marginal note:Application for approval

• 5 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission one of the following works must make an application for an approval to the Minister — in the form and manner, and containing the information, specified by the Minister — if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:

  • (a) a major work in, on, over, under, through or across any navigable water; or

  • (b) a work — other than a minor work — in, on, over, under, through or across any navigable water that is listed in the schedule.

• Marginal note:Related works

  (2) If the Minister is of the opinion that two or more works are related, the Minister may consider them to be a single work.

• Marginal note:Additional information

  (3) For the purpose of determining whether the work or its construction, placement, alteration, rebuilding, removal or decommissioning may interfere with navigation, the Minister may require from the owner any additional information that the Minister considers appropriate.

5.1 [Repealed, 2012, c. 31, s. 318]

Marginal note:No interference with navigation

6 If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and no approval is required under subsection 7(6) for that work — or its construction, placement, alteration, rebuilding, removal or decommissioning.

Marginal note:Interference with navigation

• 7 (1) If the Minister is of the opinion that a work that is the subject of an application made under subsection 5(1), or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation, including by changing the water level or water flow of a navigable water, he or she must inform the owner, in writing, of that opinion and the owner may only construct, place, alter, rebuild, remove or decommission that work if the Minister issues an approval for the work.

• Marginal note:Information

  (2) The owner must deposit any information specified by the Minister in any place specified by the Minister.

• Marginal note:Notice

  (3) The owner must publish a notice containing any information specified by the Minister in any manner specified by the Minister.

• Marginal note:Comment period

  (4) The notice referred to in subsection (3) must invite interested persons to provide written comments on the owner’s proposal to the Minister within 30 days after publication of the notice or within any other period specified by the Minister.

• Marginal note:Exemption

  (5) If the Minister is satisfied that the owner has already deposited sufficient information in a place specified by the Minister or published a sufficient notice, the Minister may exempt the owner from the application of subsection (2) or (3), as the case may be.

• Marginal note:Approval

  (6) The Minister may issue an approval for the work, including its site and plans, if he or she considers it appropriate in the circumstances.

• Marginal note:Assessment — factors

  (7) In determining whether to issue the approval, the Minister must consider the following:

  • (a) the characteristics of the navigable water in question;

  • (b) the safety of navigation in that navigable water;

  • (c) the current or anticipated navigation in that navigable water;

  • (d) the impact of the work on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use;

  • (e) the impact of the work, in combination with other works, on navigation, if the Minister is provided with, or has in his or her possession, information relating to that cumulative impact;

  • (f) any Indigenous knowledge that has been provided to the Minister;

  • (g) any comments that he or she receives from interested persons within the period provided for under subsection (4);

  • (h) the record of compliance of the owner under this Act; and

  • (i) any other information or factor that he or she considers relevant.

• Marginal note:Additional information

  (8) For the purpose of determining whether to issue the approval, the Minister may require from the owner any additional information that the Minister considers appropriate.

• Marginal note:Terms and conditions

  (9) The Minister may attach any term or condition that he or she considers appropriate to an approval including one that requires the owner to

  • (a) maintain the water level or water flow necessary for navigation purposes in a navigable water; or

  • (b) give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or in any other form that is satisfactory to the Minister.

• Marginal note:Effect of approval

  (10) An approval issued under this section in relation to a work replaces any approval previously issued in relation to that work.

• Marginal note:Contiguous area

  (11) The Minister may, in an approval, designate an area contiguous to a work that is necessary for the safety of persons and navigation and, for the purposes of the approval, that area is considered to be part of the work.

• Marginal note:Compliance with requirements

  (12) The owner must comply with the approval and maintain, operate and use the work in accordance with the requirements under this Act.

• Marginal note:Approval after activity begins

  (13) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction, placement, alteration, rebuilding, removal or decommissioning of a work after the construction, placement, alteration, rebuilding, removal or decommissioning begins or is completed.

Marginal note:Transfer

8 If the ownership of a work to which an approval relates is transferred, the transferor and the transferee must immediately give written notice of the transfer to the Minister, in the form and manner, and containing the information, specified by the Minister.

Marginal note:Amendment of approval

• 9 (1) The Minister may amend an approval by amending or revoking any term or condition of the approval.

• Marginal note:Amendment resulting from order

  (2) The Minister may otherwise amend the approval, including by adding terms and conditions, to reflect any changes to the work resulting from an order made under section 11 or 13.

• Marginal note:Other amendments

  (3) The Minister may otherwise amend the approval, including by adding terms and conditions, if he or she considers that

  • (a) the work that is the subject of the approval interferes more with navigation at the time in question than it did when the approval was issued;

  • (b) the work causes or is likely to cause a serious and imminent danger to navigation;

  • (c) the amendment of the approval is in the public interest; or

  • (d) the owner consents to the amendment.

• Marginal note:Suspension or cancellation

  (4) The Minister may suspend or cancel an approval if he or she considers that

  • (a) the owner has not complied with the approval;

  • (b) the approval was obtained by a fraudulent or improper means or by the misrepresentation of a material fact;

  • (c) the owner has not paid a fine or penalty imposed under this Act;

  • (d) the owner has contravened this Act; or

  • (e) the suspension or cancellation is in the public interest, including by reason of the record of compliance of the owner under this Act.

• Marginal note:Notice

  (5) The Minister must give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, except in the case of an amendment made under subsection (2) or paragraph (3)(b), suspension or cancellation of the approval of a work if he or she is amending it without the owner’s consent or suspending or cancelling it.

Works in Navigable Waters not Listed in Schedule

Marginal note:Notice

9.1 An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule may do so if

• (a) the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, would not interfere with navigation; and

• (b) before beginning the construction, placement, alteration, rebuilding, removal or decommissioning, the owner deposits any information specified by the Minister in any place specified by the Minister and publishes a notice in any manner, and including any information, specified by the Minister.

Marginal note:Application or notice

• 10 (1) An owner who proposes to construct, place, alter, rebuild, remove or decommission a work — other than a major work or a minor work — in, on, over, under, through or across any navigable water that is not listed in the schedule must take one of the following steps if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, may interfere with navigation:

  • (a) make an application for an approval to the Minister, in the form and manner, and containing the information, specified by the Minister; or

  • (b) deposit any information specified by the Minister in any place specified by the Minister and publish a notice in any manner, and including any information, specified by the Minister.

• Marginal note:Deeming

  (2) An application made under paragraph (1)(a) is deemed to be an application made under subsection 5(1) and, if an approval is issued under subsection 7(6) in respect of the application, the work to which the approval relates is deemed to be a work constructed or placed in, on, over, under, through or across a navigable water that is listed in the schedule.

• Marginal note:Comment period

  (3) The notice referred to in paragraph (1)(b) must invite interested persons to provide written comments on the proposal, as it relates to navigation, to the owner within 30 days after publication of the notice or within any other period prescribed by regulation.

Marginal note:Attempt to resolve

• 10.1 (1) If a comment that is provided to an owner under subsection 10(3) expresses a concern relating to navigation, the owner and the person who made the comment must attempt to resolve the person’s concern within 45 days after the end of the period set out in that subsection or within any other period prescribed by regulation.

• Marginal note:Change to proposal

  (2) If, as a result of an attempt to resolve a concern under subsection (1), the owner makes a material change to the proposal, he or she must deposit the new information and publish a new notice, in accordance with paragraph 10(1)(b).

• Marginal note:Request to Minister

  (3) If the concern is not resolved within the period referred to in subsection (1), the person who made the comment may, within 15 days after the end of that period or within any other period prescribed by regulation, make a request to the Minister — in the form and manner, and containing the information, specified by the Minister — for a decision on whether the owner is required to apply for an approval in relation to the work.

• Marginal note:Decision by Minister

  (4) On receipt of a request under subsection (3), the Minister may decide that the owner is required to apply for an approval in relation to the work.

• Marginal note:Additional information

  (5) For the purpose of deciding whether to require an application for an approval under subsection (4), the Minister may require from the owner any additional information that the Minister considers appropriate.

• Marginal note:Notice

  (6) The Minister must inform the owner and the person who made the request of his or her decision.

Marginal note:Work may commence

• 10.2 (1) An owner who publishes a notice referred to in paragraph 10(1)(b) may only construct, place, alter, rebuild, remove or decommission the work

  • (a) if no comments are provided to the owner, or if comments are provided to the owner but no concerns relating to navigation are expressed in those comments, after the day on which the comment period ends;

  • (b) if comments are provided to the owner and concerns relating to navigation are expressed in those comments but all such concerns are resolved, after the later of

    • (i) the day on which the comment period ends, and

    • (ii) the day on which all the concerns are resolved; or

  • (c) if comments are provided to the owner and those comments express concerns relating to navigation but any such concern remains unresolved and

    • (i) no request is made under subsection 10.1(3), after the day on which the period referred to in that subsection ends, or

    • (ii) a request is made under subsection 10.1(3) and

      • (A) the Minister decides that the owner is not required to apply for an approval in relation to the work, after the day on which the owner receives notice of that decision, or

      • (B) the Minister decides that the owner is required to apply for an approval in relation to the work, after the day on which the approval is issued or, if it is later, the day set out in the approval.

• Marginal note:Prohibition

  (2) Despite subsection (1), an owner is prohibited from constructing, placing, altering, rebuilding, removing or decommissioning a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.

• Marginal note:Change

  (3) For greater certainty, if, at any time, an owner referred to in subsection (1) makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make an application under paragraph 10(1)(a) or deposit new information and publish a new notice in accordance with paragraph 10(1)(b).

Owner’s Duty

Marginal note:Notification

• 10.3 (1) An owner of a work in, on, over, under, through or across any navigable water must immediately notify the Minister if the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, causes or is likely to cause a serious and imminent danger to navigation.

• Marginal note:Duty

  (2) The owner must, as soon as feasible, take all reasonable measures consistent with public safety and with the safety of navigation to prevent any serious and imminent danger to navigation that is caused or likely to be caused by the work, or its construction, placement, alteration, rebuilding, removal or decommissioning, or to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.

Minister’s Powers

Marginal note:Emergency

• 10.4 (1) Even if the application referred to in subsection 5(1) or paragraph 10(1)(a) has not yet been made, or the notice referred to in paragraph 10(1)(b) has not yet been published, the Minister may authorize, subject to any terms or conditions that he or she considers appropriate, the construction, placement, alteration, rebuilding, removal or decommissioning of a work — other than a minor work — in, on, over, under, through or across any navigable water if the Minister is of the opinion that it must be carried out immediately in order to respond to

  • (a) a matter of national security;

  • (b) a national emergency in respect of which special temporary measures are being taken under the Emergencies Act; or

  • (c) an emergency that

    • (i) poses a risk to public health, safety, the environment or property, or

    • (ii) threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.

• Marginal note:Approval

  (2) The Minister may issue an approval for a work authorized under subsection (1), including its site and plans, if he or she considers it appropriate in the circumstances.

Marginal note:Application

• 11 (1) This section applies to any work in, on, over, under, through or across any navigable water that is constructed, placed, altered, rebuilt, removed, decommissioned, repaired, maintained, operated or used contrary to the requirements under this Act.

• Marginal note:Minister’s powers

  (2) The Minister may

  • (a) order the owner of a work to repair, alter or remove the work;

  • (b) during the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work, order any person to remove or alter the work or to do any other thing with respect to the work, including taking all measures necessary for the safety of navigation;

  • (c) if the owner or the person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the work, including the removal of the work, its destruction and the sale, donation or other disposal of the materials contained in the work; and

  • (d) order any person to refrain from proceeding with the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work.

• Marginal note:Debt

  (3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c) constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Surplus

  (4) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.

11.1 [Repealed, 2012, c. 31, s. 318]

11.2 [Repealed, 2012, c. 31, s. 318]

12 [Repealed, 2019, c. 28, s. 51]

Marginal note:Repair, alteration or removal

• 13 (1) The Minister may order the owner of a work in, on, over, under, through or across any navigable water to repair, alter or remove it if he or she considers that

  • (a) it interferes more with navigation at the time in question than it did when it was constructed or placed;

  • (b) it is causing or is likely to cause a serious and imminent danger to navigation; or

  • (c) its repair, alteration or removal is in the public interest.

• Marginal note:Works

  (2) The Minister may, if he or she is satisfied that it is necessary in the circumstances, order the owner to do any other thing with respect to the work.

• Marginal note:Failure to comply

  (3) If the owner fails to comply with an order made under subsection (1) or (2), the Minister may do any thing with respect to the work that he or she considers appropriate.

• Marginal note:Debt

  (4) The amount of the costs incurred by the Minister while acting under subsection (3) constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Surplus

  (5) The Minister must pay all or any portion of the surplus of the proceeds of any sale to the owner of the work sold or to any other person that is entitled to the proceeds.

Designation of Areas

Marginal note:Designation

13.1 The Governor in Council may, by order, designate areas where no work may be constructed or placed.

General

Marginal note:Statutory Instruments Act

14 For greater certainty, approvals issued under subsection 7(6) or (13), terms and conditions imposed under subsection 7(9) or 9(2) or (3) or section 10.4 and orders given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2) are not statutory instruments as defined in subsection 2(1) of the Statutory Instruments Act.

14.1 [Repealed, 2012, c. 31, s. 318]

Obstructions

Marginal note:Non-application

14.2 Sections 15 to 18 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.

Marginal note:Obstruction

• 15 (1) The person in charge of an obstruction in a navigable water must immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and containing the information, specified by the Minister.

• Marginal note:Measures

  (2) Unless otherwise ordered by the Minister under subsection (3), the person in charge of the obstruction must

  • (a) place and, as long as the obstruction is present, maintain, by day, a sufficient signal and, by night, a sufficient light, to indicate the position of the obstruction; and

  • (b) immediately begin its removal and carry on the removal diligently to completion.

• Marginal note:Minister’s powers

  (3) The Minister may order the person in charge of an obstruction in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the obstruction.

• Marginal note:Failure to comply

  (4) If the person in charge of the obstruction fails to comply with paragraph (2)(a) or (b) or an order made under subsection (3), the Minister may do any thing with respect to the obstruction that he or she considers appropriate.

Marginal note:Potential obstruction

• 15.1 (1) The Minister may order the person in charge of a potential obstruction that has persisted for more than 24 hours in a navigable water to repair, secure, move, remove, dismantle or destroy it in the manner that the Minister considers appropriate or, if he or she is satisfied that it is necessary in the circumstances, may order the person to do any other thing with respect to the potential obstruction.

• Marginal note:Failure to comply

  (2) If the person to whom an order is given fails to comply with it, the Minister may do any thing with respect to the potential obstruction that he or she considers appropriate.

Marginal note:Minister’s powers

15.2 If the person in charge of an obstruction or a potential obstruction in a navigable water is not known or cannot be located, the Minister may repair, secure, move, remove, dismantle or destroy it or do any other thing with respect to the obstruction or potential obstruction that he or she considers appropriate.

Marginal note:Property belonging to Her Majesty

• 16 (1) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or other thing that is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and impedes, for more than 24 hours, the use of that property as may be required for the public purposes of Canada.

• Marginal note:Failure to comply

  (2) If the person to whom an order is given fails to comply with the order, the Minister may do any thing with respect to the wreck, the vessel, the part of a vessel or the thing that he or she considers appropriate.

Marginal note:Sale

• 17 (1) If a person in charge of an obstruction or potential obstruction in a navigable water fails to comply with paragraph 15(2)(a) or (b) or is not known or cannot be located, or if a person to whom an order is given under subsection 15(3), 15.1(1) or 16(1) fails to comply with the order, the Minister may sell by auction or otherwise, as he or she considers appropriate, the obstruction or potential obstruction or the thing referred to in subsection 16(1). The Minister may apply the proceeds of the sale to make good the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2), as the case may be.

• Marginal note:Surplus

  (2) The Minister must pay all or any portion of the surplus of the proceeds of the sale to the person in charge of the obstruction or potential obstruction sold or to any other person that is entitled to the proceeds.

Marginal note:Debt

• 18 (1) The amount of the costs incurred by the Minister while acting under subsection 15(4) or 15.1(2) or section 15.2 or subsection 16(2) constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Recovery by Her Majesty

  (2) Such debts are recoverable from

  • (a) the person in charge of the obstruction at the time the obstruction was occasioned;

  • (b) any person through whose act or fault or through the act or fault of whose servant the obstruction was occasioned or continued;

  • (b.1) the person in charge of the potential obstruction at the time potential obstruction was identified;

  • (b.2) any person through whose act or fault or through the act or fault of whose servant the potential obstruction was occasioned or continued; or

  • (c) the person to whom the order referred to in subsection 16(1) is given.

Marginal note:Statutory Instruments Act

19 For greater certainty, an order given under subsection 15(3), 15.1(1) or 16(1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

20 [Repealed, 2019, c. 1, s. 138]

Deposit and Dewatering

Marginal note:Throwing or depositing sawdust, etc., prohibited

21 No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any sawdust, edgings, slabs, bark or like rubbish of any description whatever that is liable to interfere with navigation in any water, any part of which is navigable or that flows into any navigable water.

Marginal note:Throwing or depositing stone, etc., prohibited

• 22 (1) No person shall throw or deposit or cause, suffer or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish that is liable to sink to the bottom in any water, any part of which is navigable or flows into any navigable water, where there is not a minimum depth of 36 metres of water at all times, but nothing in this section shall be construed so as to permit the throwing or depositing of any substance in any part of a navigable water if it is prohibited by or under any other federal Act.

• Marginal note:Non-application

  (2) The prohibition in subsection (1) does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).

Marginal note:Dewatering and other actions

• 23 (1) No person shall take any action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.

• Marginal note:Historic canals

  (2) Subsection (1) does not apply to a historic canal as defined in section 2 of the Historic Canals Regulations.

• Marginal note:Navigation not extinguished

  (3) For the purposes of this Act, navigation is not extinguished if the Minister is of the opinion that there are sufficient measures in place to mitigate the impact of the lower water level on navigation and he or she approves the work whose construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use lowers the water level of a navigable water or part of a navigable water.

Marginal note:Exemption by order

• 24 (1) The Governor in Council may, by order, exempt from the application of any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if the Minister receives an application for an exemption and the Governor in Council is satisfied that it would be in the public interest.

• Marginal note:Application

  (2) An application for an exemption under subsection (1) must be made in the form and manner, and contain the information, specified by the Minister.

Marginal note:Powers of certain persons

25 Sections 21, 22 and 26 do not affect the legal powers, rights or duties of harbour masters, port wardens, the person responsible for the management of the St. Lawrence Seaway or a port authority established under the Canada Marine Act in respect of materials that, under those sections, are not allowed to be deposited in navigable waters.

Marginal note:Minister’s powers

• 25.1 (1) The Minister may

  • (a) order any person who is contravening section 21 or 22 to stop throwing or depositing or causing, suffering or permitting to be thrown or deposited any material or rubbish;

  • (b) order any person who contravened section 21 or 22 to remove the material or rubbish in question or to do any other thing with respect to it, including taking all measures necessary for the safety of navigation;

  • (c) if a person fails to comply with an order given under paragraph (a) or (b), cause any thing to be done with respect to the material or rubbish in question, including its removal and disposition;

  • (d) order any person who is contravening subsection 23(1) to stop taking the action that is lowering the level of the navigable water;

  • (e) order any person who has contravened subsection 23(1) to take any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable; and

  • (f) if a person fails to comply with an order given under paragraph (d) or (e), cause any thing to be done with respect to the navigable water, including the taking of any action necessary to restore the level of the navigable water to the level that the Minister considers acceptable.

• Marginal note:Debt

  (2) The amount of the costs incurred by the Minister while acting under paragraph (1)(c) or (f) constitutes a debt due to Her Majesty in right of Canada.

• Marginal note:Statutory Instruments Act

  (3) For greater certainty, an order given under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Marginal note:Designated places to deposit materials

• 26 (1) The Governor in Council may, by regulation, designate places in any navigable water that is not within the jurisdiction of any person referred to in section 25, where stone, gravel, earth, cinders, ashes or other material may be deposited even if the minimum depth of water at that place may be less than 36 metres.

• Marginal note:Ministerial approval

  (2) The Minister may, on application, authorize the deposit of materials in a place designated under subsection (1).

• Marginal note:Application

  (3) An application under subsection (2) must be made in the form and manner, and contain the information, specified by the Minister.

• Marginal note:Non-application

  (4) For greater certainty, this section does not apply with respect to the dumping of fill done in compliance with an approval issued under subsection 7(6).

Studies and Collection of Information

Marginal note:Minister

26.1 The Minister may undertake any study and collect any information that, in his or her opinion, is necessary for the purposes of the administration of this Act.

Indigenous Knowledge

Marginal note:Confidentiality

• 26.2 (1) Any Indigenous knowledge that is provided to the Minister under this Act in confidence is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

• Marginal note:Exception

  (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

  • (a) it is publicly available;

  • (b) the disclosure is necessary for the purposes of procedural fairness and natural justice, or for use in legal proceedings; or

  • (c) the disclosure is authorized in the circumstances set out in the regulations made under paragraph 28(1)(g.2).

• Marginal note:Consultation

  (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Minister must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

• Marginal note:Further disclosure

  (3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

• Marginal note:Duty to comply

  (4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Minister under that subsection.

• Marginal note:Protection from civil proceeding or prosecution

  (5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister — or any person acting on behalf of, or under the direction of, him or her — and no proceedings lie against the Crown, for the disclosure in good faith of any Indigenous knowledge under this Act or for any consequences that flow from that disclosure.

Agreements and Arrangements

Marginal note:Agreements and arrangements

27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

Marginal note:Agreement — cost recovery

• 27.1 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 28(1)(b) could prescribe a fee.

• Marginal note:Regulations — exemption

  (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 28(1)(b) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

• Marginal note:Recovery

  (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

• Marginal note:Debt due to Her Majesty

  (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

• Marginal note:Spending

  (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

Registry

Marginal note:Establishment

• 27.2 (1) The Minister must establish and maintain a registry in which information that he or she specifies is deposited.

• Marginal note:Access

  (2) The Minister must make the registry accessible to the public through the Internet and by any other means that he or she considers appropriate.

• Marginal note:Types of documents in registry

  (3) The registry must contain only records or parts of a record

  • (a) that are publicly available; or

  • (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.

• Marginal note:Protection from civil proceeding or prosecution

  (4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure.

Regulations, Orders, Incorporation by Reference and Interim Orders

Regulations and Orders

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]

Marginal note:Addition to schedule

• 29 (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:

  • (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;

  • (b) the physical characteristics of the navigable water;

  • (c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;

  • (d) the safety of navigation in the navigable water;

  • (e) the past, current or anticipated navigation in the navigable water;

  • (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and

  • (g) the cumulative impact of works on navigation in the navigable water.

• Marginal note:Request — addition

  (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.

• Marginal note:Other amendment of schedule

  (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.

Incorporation by Reference

Marginal note:Incorporation by reference

• 30 (1) A regulation or order made under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

• Marginal note:Accessibility

  (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible.

• Marginal note:Defence

  (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

31 [Repealed, 2009, c. 2, s. 339]

Interim Orders

Marginal note:Interim orders

• 32 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.

• Marginal note:Cessation of effect

  (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

  • (a) 14 days after it is made, unless it is approved by the Governor in Council,

  • (b) the day on which it is repealed,

  • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

  • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

• Marginal note:Contravention of unpublished order

  (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• Marginal note:Exemption from Statutory Instruments Act

  (4) An interim order

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Deeming

  (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

• Marginal note:Tabling of order

  (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

Administration and Enforcement

Designation

Marginal note:Designation

33 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.

Powers

Marginal note:Authority to enter

• 34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.

• Marginal note:Certification

  (2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.

• Marginal note:Powers

  (3) The designated person may, for the purposes referred to in subsection (1),

  • (a) examine the place and anything in the place;

  • (b) remove any document or other thing from the place for examination or, in the case of a document, copying;

  • (c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;

  • (d) prohibit or limit access to the place for as long as specified;

  • (e) take photographs and make video recordings and sketches;

  • (f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying;

  • (h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents; and

  • (i) order any person in the place to establish their identity to the designated person’s satisfaction.

• Marginal note:Persons accompanying designated person

  (3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entry — private property

  (4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.

Marginal note:Duty to assist

35 The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall

• (a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and

• (b) provide them with any information that they may reasonably require.

Marginal note:Warrant for dwelling-house

• 36 (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 34(1);

  • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and

  • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant to enter a dwelling-house, a designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Marginal note:Production of documents or information

36.1 A designated person may, for a purpose related to verifying compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the designated person, any document or information specified by the designated person.

Marginal note:Seizure

• 36.2 (1) The designated person may seize and detain anything that he or she has reasonable grounds to believe was used in the contravention of any provision of this Act or the regulations or is related to such a contravention.

• Marginal note:Custody of things seized

  (2) If a designated person seizes a thing under subsection (1), sections 489.1 and 490 of the Criminal Code apply and the designated person, or any person that he or she may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

Marginal note:Return of anything removed

• 36.3 (1) Anything removed under paragraph 34(3)‍(b) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless

  • (a) the thing, in the designated person’s opinion, is no longer useful; or

  • (b) the owner is unknown or cannot be located.

• Marginal note:Thing not returned

  (2) A designated person may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.

Prohibitions

Marginal note:False statements or information

• 37 (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.

• Marginal note:Obstruction

  (2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34.

Injunction

Marginal note:Injunction

• 38 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence or a violation under this Act, the court may issue an injunction ordering a person named in the application

  • (a) to refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence or the violation; or

  • (b) to do an act that, in the opinion of the court, may prevent the commission of the offence or the violation.

• Marginal note:Notice

  (2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest.

Immunity

Marginal note:Not personally liable

• 39 (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, and persons accompanying a designated person under subsection 34(3.1) are not personally liable for anything they do or omit to do in good faith under this Act.

• Marginal note:Crown not relieved

  (2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Administrative Monetary Penalties

Violations

Marginal note:Commission of violation

• 39.1 (1) Every person who contravenes a provision designated under paragraph 28(1)(i) commits a violation and is liable to a penalty established in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of a penalty is to promote compliance with this Act and not to punish.

• Marginal note:Maximum penalty

  (3) The maximum penalty for a violation is $50,000, in the case of an individual, and $250,000 in any other case.

Proceedings

Marginal note:Notice of violation

• 39.11 (1) A designated person may issue a notice of violation and cause it to be provided to a person if the designated person has reasonable grounds to believe that the person has committed a violation.

• Marginal note:Contents of notice

  (2) The notice of violation shall

  • (a) name the person believed to have committed the violation;

  • (b) identify the acts or omissions that constitute the alleged violation;

  • (c) set out the penalty for the violation that the person is liable to pay;

  • (d) set out the particulars concerning the time and manner of payment; and

  • (e) set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are specified in the notice.

• Marginal note:Summary of rights

  (3) A notice of violation shall summarize, in plain language, the rights and obligations under this section and sections 39.12 to 39.23 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

• Marginal note:Short-form descriptions

  (4) The Minister may establish a short-form description of each violation to be used in notices of violation.

Penalties

Marginal note:Effect of payment

• 39.12 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are specified in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

  • (a) the person is deemed to have committed the violation to which the amount paid relates;

  • (b) the Minister shall accept the amount paid as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 39.11 are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are specified in the notice, request a review by the Tribunal of the acts or omissions that constitute the alleged violation or of the amount of the penalty, as the case may be.

• Marginal note:Deeming

  (3) If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise the right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

Review by Tribunal

Marginal note:Review — violation

• 39.13 (1) After completing a review requested under subsection 39.12(2) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Tribunal shall determine whether the person who is named in the notice committed the violation and, if the Tribunal determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision.

• Marginal note:Review — penalty

  (2) After completing a review requested under subsection 39.12(2) with respect to the amount of the penalty set out in the notice of violation, the Tribunal shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Tribunal determines that it was not, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision.

• Marginal note:Payment

  (3) The person who is provided with a notice of the Tribunal’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are specified in the notice.

• Marginal note:Effect of payment

  (4) If the person pays the amount of the penalty that is set out in the notice of the Tribunal’s decision within the prescribed time and in the prescribed manner that are specified in the notice,

  • (a) the Tribunal shall accept the amount as complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 39.11 are ended.

Marginal note:Right of appeal

• 39.131 (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal.

• Marginal note:Notice

  (4) If the appeal panel finds that a person has committed a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

Recovery of Debts

Marginal note:Debts to Her Majesty

• 39.14 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to have the Tribunal review the acts or omissions that constitute the violation or the amount of the penalty, as the case may be;

  • (b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and

  • (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b).

• Marginal note:Limitation period or prescription

  (2) Proceedings to recover such a debt may be commenced no later than five years after the debt becomes payable.

• Marginal note:Debt final

  (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131.

Marginal note:Certificate of default

• 39.15 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 39.14(1).

• Marginal note:Effect of registration

  (2) Registration of the certificate in the Federal Court has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Rules of Law About Violations

Marginal note:Violations not offences

39.16 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Due diligence defence

• 39.17 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

• 39.18 (1) The Minister has the burden of establishing that a person who is named in a notice of violation has committed the violation.

• Marginal note:Person not compelled to testify

  (2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal.

Marginal note:Offences by corporate officers, etc.

39.19 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors and agents or mandataries who directed, authorized, assented to or acquiesced or participated in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees, agents and mandataries

39.2 A person is liable for a violation that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

39.21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Other Provisions

Marginal note:Evidence

39.22 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Limitation period or prescription

39.23 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification

39.24 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Information may be made public

39.25 The Minister may make public the name and business address of a person who is deemed to have committed a violation or who was determined to have committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

Marginal note:How act or omission may be proceeded with

39.26 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Offences and Punishment

Marginal note:Offence

• 40 (1) Every person is guilty of an offence, if the person

  • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

  • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

  • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

  • (d) [Repealed, 2019, c. 28, s. 72]

  • (e) [Repealed, 2019, c. 28, s. 72]

  • (f) contravenes a regulation or order made under section 28; or

  • (g) contravenes an interim order made under section 32.

• Marginal note:Penalties

  (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

  • (a) in the case of an individual,

    • (i) for a first offence, to a fine of not more than $100,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) in the case of a corporation,

    • (i) for a first offence, to a fine of not more than $500,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000.

• Marginal note:Vessel liable for fine

  (2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.

• Marginal note:Continuing offence

  (3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

  (4) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

• Marginal note:Vicarious liability — acts of employees, agents and mandataries

  (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

• Marginal note:Due diligence defence

  (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Limitation period or prescription

41 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Certification

42 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Orders of court

43 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person:

• (a) a prohibition from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

• (b) a direction to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;

• (c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;

• (d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order;

• (e) a direction to post a bond or provide surety or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

• (f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and

• (g) a requirement to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

Marginal note:Forfeiture

• 44 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Return if forfeiture not ordered

  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.

Marginal note:Retention or disposition

45 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Reporting of alleged contraventions

• 46 (1) An individual who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of this Act or the regulations may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

• Marginal note:Confidentiality

  (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Review

Marginal note:Review of Act

• 47 (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.

• Marginal note:Tabling of report

  (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.