Minor Works Order (SOR/2021-170)

Whereas the Minister of Transport is of the opinion that the works set out in the annexed Order are likely to slightly interfere with navigation;

Therefore, the Minister of Transport, pursuant to subsection 28(2)Footnote ^a of the Canadian Navigable Waters ActFootnote ^b, makes the annexed Minor Works Order.

• Return to footnote ^aS.C. 2019, c. 28, ss. 61(4) and (5)

• Return to footnote ^bR.S., c. N-22; S.C. 2012, c. 31, s. 316; S.C. 2019, c. 28, s. 46

Ottawa, June 28, 2021

Le ministre des Transports, Omar Alghabra Minister of Transport

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in this Order.

  Act

  Act means the Canadian Navigable Waters Act. (Loi)

  aerial cables

  aerial cables means cables that are in the air and includes the towers and poles from which they are suspended. (câbles aériens)

  charted navigable water

  charted navigable water means a navigable water for which nautical charts are produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States. (eaux navigables cartographiées)

  erosion-protection work

  erosion-protection work means any stones, rocks, concrete, logs or other common building materials or living plants placed to protect the bank of a navigable water from erosion. (ouvrages de protection contre l’érosion)

  navigation channel

  navigation channel means a channel represented on a nautical chart produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration of the United States or a channel for which markers have been placed by a federal, provincial or municipal government or by a port authority, as defined in subsection 2(1) of the Canada Marine Act. (chenal de navigation)

  navigation route

  navigation route means a channel, other than a navigation channel, formed by the connection of the deep sections of a navigable water that, based on local knowledge, is predominantly used by vessels for navigation purposes. (voie de navigation)

• Marginal note:Interpretation

  (2) In this Order, submarine cables includes concrete blocks, concrete mattresses and any other objects attached to, laid on or placed under submarine cables to hold them in place or to protect them from being damaged.

Marginal note:Measurements — length or width of minor work

• 2 (1) Unless otherwise indicated, any length or width of a minor work referred to in this Order is measured from the ordinary high water mark at the site where the minor work is situated.

• Marginal note:Measurements — width of navigable water

  (2) Unless otherwise indicated, any width of a navigable water referred to in this Order is measured from the ordinary high water mark on one side of the navigable water to the ordinary high water mark on the other side of the navigable water at the site where the minor work is situated.

• Marginal note:Measurements — depth or height

  (3) Unless otherwise indicated, any depth or height referred to in this Order is measured from the ordinary high water level at the site where the minor work is situated.

General

Marginal note:Application

• 3 (1) Subsections (2) and (3) apply to the following minor works:

  • (a) erosion-protection works referred to in subsection 12(1);

  • (b) aerial cables referred to in subsection 16(1);

  • (c) submarine cables referred to in section 17;

  • (d) buried pipelines referred to in section 19;

  • (e) outfalls and water intakes referred to in section 26;

  • (f) dredging referred to in section 28; and

  • (g) watercourse crossings referred to in section 34.

• Marginal note:Deposit of information

  (2) Before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work, the owner must deposit information in the registry established under section 27.2 of the Act describing the proposed activity and the minor work’s location.

• Marginal note:Publication of notice

  (3) Before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work, the owner must publish a notice in accordance with the requirements set out on the Internet site maintained by the Government of Canada entitled Navigation Protection Program External Submission Site under the heading “Create a Notification of a Minor Work”, as amended from time to time, unless the proposed minor work has gone through a federal or provincial review process.

Marginal note:Prior notification of Canadian Coast Guard

4 At least 48 hours before beginning the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work in, on, over, under, through or across a charted navigable water, the owner of the minor work must, in writing, notify a Canadian Coast Guard Marine Communications and Traffic Services Centre of the day on which the activity is expected to begin.

Marginal note:Buoys

5 A buoy referred to in this Order must meet the following criteria:

• (a) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high;

• (b) the buoy, including its anchor, remains in position after it has been anchored; and

• (c) the buoy complies with the requirements set out in the section entitled “Floating Aids to Navigation (Buoys)” of TP 968, entitled Canadian Aids to Navigation System and published by the Canadian Coast Guard, as amended from time to time.

Marginal note:Requirements

6 During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a minor work, the owner of the minor work must ensure

• (a) that vessels can navigate safely through or around the work site or, if navigation is interrupted by any activity related to the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of the minor work, that a suitable means, such as a portage, exists to allow vessels to resume navigation upstream and downstream of the work site;

• (b) that the perimeter of the work site is visible from sunset to sunrise and during periods of restricted visibility by the placement of

  • (i) yellow flashing lights,

  • (ii) cautionary buoys with retro-reflective material, or

  • (iii) cautionary buoys with yellow flashing lights; and

• (c) that any cable or pipe that is in, on, over, through or across the navigable water is not left unattended unless

  • (i) the cable or pipe is lying on the bed of the navigable water, or

  • (ii) the cable meets the requirements referred to in paragraph 16(1)(e).

Marginal note:Application

• 7 (1) Subsection (2) applies to the following minor works:

  • (a) erosion-protection works referred to in subsection 12(1);

  • (b) aerial cables referred to in subsection 16(1);

  • (c) buried pipelines referred to in section 19; and

  • (d) watercourse crossings referred to in section 34.

• Marginal note:Requirements

  (2) During the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a minor work, the owner of the minor work must ensure that navigators are notified of the work site both upstream and downstream of the work site by one of the following means:

  • (a) signs stating “Construction Ahead” and “Travaux de construction”, legible from a distance of at least 50 m;

  • (b) a vessel tasked with notifying navigators; or

  • (c) cautionary buoys.

Marginal note:Notification on completion

8 On completion of the construction, placement, alteration, rebuilding, removal or decommissioning of a minor work in, on, over, under, through or across a charted navigable water, the owner of the minor work must, in writing, notify:

• (a) a Canadian Coast Guard Marine Communications and Traffic Services Centre; and

• (b) the Canadian Hydrographic Service.

Designations

Temporary Works

Marginal note:Designation — temporary works

9 A work that meets the following criteria is designated as a minor work:

• (a) the work is installed exclusively for the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of another minor work;

• (b) the work is not situated in, on, over, under, through or across a navigation channel or, if there is no navigation channel, a navigation route; and

• (c) the work does not occupy more than one-third of the width of the navigable water.

Marginal note:Removal

10 The owner of a work that is designated as a minor work under section 9 must ensure that it is removed on completion of the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of the minor work for which it was installed.

Marginal note:Bed contours of navigable water

11 If the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a work that is designated, or intended to be designated, as a minor work under section 9 disturbs the bed contours of a navigable water to the point of interfering or likely to interfere with navigation, the owner of the work must ensure, on completion of the removal of the work, that the bed contours of the navigable water do not and are not likely to interfere with navigation.

Erosion-Protection Works

Marginal note:Designation — erosion-protection works

• 12 (1) An erosion-protection work that meets the following criteria is designated as a minor work:

  • (a) the erosion-protection work is integrated with and follows the bank of the navigable water;

  • (b) if the submerged part of the erosion-protection work extends horizontally into the navigable water further than the non-submerged part of the erosion-protection work, the submerged part is integrated with and follows the slope of the bed of the navigable water;

  • (c) the erosion-protection work does not extend horizontally more than 5 m into the navigable water;

  • (d) the erosion-protection work does not occupy more than one-third of the width of the navigable water;

  • (e) the erosion-protection work is not associated with an existing or proposed work, unless the existing or proposed work is a minor work; and

  • (f) the erosion-protection work does not include groynes or other structures to deflect the current.

• Marginal note:Definition of groyne

  (2) In this section, groyne means a structure built out from the bank of a navigable water in a direction transverse to the current in order to prevent erosion of the bank.

Docks and Boathouses

Marginal note:Definitions

13 The following definitions apply in section 14.

dock

dock includes a wharf, a pier and a jetty. (quai)

similar

similar means used for the same purpose — commercial or recreational — and under the same type of ownership — public or private. (similaire)

Marginal note:Designation — docks and boathouses

14 A dock or boathouse that meets the following criteria is designated as a minor work:

• (a) the dock or boathouse is situated 5 m or more from the adjacent property boundaries and property line extensions;

• (b) the dock or boathouse is situated more than 10 m from any work that is situated in, on, over, through or across the navigable water and is not owned by the owner of the dock or boathouse;

• (c) the dock or boathouse is situated 30 m or more from a navigation channel or, if there is no navigation channel, is not situated in, on, over, through or across a navigation route;

• (d) the dock or boathouse does not extend horizontally into, onto, over, through or across the navigable water

  • (i) more than the length of a similar dock or boathouse situated 100 m or less, on the same bank, from the dock or boathouse, to a maximum length of 50 m, or

  • (ii) more than 30 m, in any other case;

• (e) the dock or boathouse does not occupy more than one-third of the width of the navigable water;

• (f) the dock or boathouse is not associated with an existing or proposed work, unless the existing or proposed work is a minor work; and

• (g) the dock or boathouse is not used for float planes or other aircraft equipped with floats.