Canadian Navigable Waters Act

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.