Law:Navigable Waters Protection Act

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R.s.c., 1985, c. N-22

An Act respecting the protection of navigable waters


Contents

Short Title

Short title

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

R.S., c. N-19, s. 1.


Interpretation

Definitions

2. In this Act,

“ferry cable”

« câble de traille »

“ferry cable” includes any ferry cable, rod, chain or other device put across, over, in or under any navigable water for working a ferry;

“Minister”

« ministre »

“Minister” means the Minister of Transport;

“navigable water”

« eaux navigables »

“navigable water” includes a canal and any other body of water created or altered as a result of the construction of any work.

“vessel”

« bateau »

“vessel” includes every description of ship, boat or craft of any kind, without regard to method or lack of propulsion and to whether it is used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast;

“work”

« ouvrage »

“work” includes

(a) any man-made structure, device or thing, whether temporary or permanent, that may interfere with navigation; and

(b) any dumping of fill in any navigable water, or any excavation of materials from the bed of any navigable water, that may interfere with navigation.

R.S., 1985, c. N-22, s. 2; 2009, c. 2, s. 317.

Previous Version

Her Majesty

Binding on Her Majesty

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

2009, c. 2, s. 318.


Part I. Approval Of Works

Interpretation

Definitions

3. (1) In this Part,

“lawful work”

« ouvrage légalement construit »

“lawful work” means any work not contrary to the law in force at the place of construction of the work at the time of its construction;

“owner”

« propriétaire »

“owner” includes a person authorizing or otherwise responsible for the erection or maintenance of any work and an actual or reputed owner or person in possession or claiming ownership thereof for the time being;

“work”(Repealed, 2009, c. 2, s. 320)

Related works

(2) If the Minister considers that two or more works are related, the Minister may, for the purposes of this Part, deem them to be a single work.

R.S., 1985, c. N-22, s. 3; 2009, c. 2, s. 320.

Previous Version

Application

Application — works under Acts or orders

4. (1) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to any work constructed under the authority of

(a) an Act of Parliament or an order of the Governor in Council, if the work was constructed before the coming into force of this subsection;

(b) an Act of the legislature of a province or an order of the lieutenant governor in council of a province, if the work was constructed before the coming into force of this subsection;

(c) an Act of the legislature of a colony of Great Britain of which at least some portion now forms part of Canada; or

(d) Her Majesty in respect of such a colony.

Application — works owned or transferred

(2) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to

(a) works that are owned by Her Majesty in right of Canada or a province on the day on which this subsection comes into force; or

(b) works whose ownership was transferred before the day on which this subsection comes into force to another person by Her Majesty in right of Canada or a province or in respect of a colony of Great Britain of which at least some portion now forms part of Canada.

Ministerial order

(3) The Minister may order an owner of a work referred to in subsection (1) or (2) to alter or remove the work or to comply with any terms and conditions that the Minister, as he or she considers appropriate, may impose if the Minister is satisfied that

(a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

(b) the alteration or removal or the terms and conditions are in the public interest.

Minister’s powers

(4) If the owner of the work fails to comply with an order given under subsection (3), the Minister may remove and destroy the work and sell, give away or otherwise dispose of the materials contained in the work.

Costs of removal, destruction or disposal

(5) If the Minister removes, destroys or disposes of a work under subsection (4), the costs of and incidental to the removal, destruction or disposal, after deducting any sum that may be realized by sale or otherwise, are recoverable with costs in the name of Her Majesty in right of Canada from the owner.

R.S., 1985, c. N-22, s. 4; 2009, c. 2, s. 321.

Previous Version

General

Approval of works

5. (1) No work shall be built or placed in, on, over, under, through or across any navigable water without the Minister’s prior approval of the work, its site and the plans for it.

Terms and conditions — substantial interference

(2) If the Minister considers that the work would substantially interfere with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started within six months and finished within three years of the day on which approval is granted or within any other period that the Minister may fix.

Terms and conditions — other interference

(3) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started and finished within the period fixed by the Minister.

Extension of period

(4) The Minister may, at any time, extend the period by changing the day on which construction of the work shall be started or finished.

Compliance with plans, regulations and terms and conditions

(5) The work shall be built, placed, maintained, operated, used and removed in accordance with the plans and the regulations and with the terms and conditions in the approval.

R.S., 1985, c. N-22, s. 5; 2009, c. 2, s. 321.

Previous VersionClasses of works and navigable waters

5.1 (1) Despite section 5, a work may be built or placed in, on, over, under, through or across any navigable water without meeting the requirements of that section if the work falls within a class of works, or the navigable water falls within a class of navigable waters, established by regulation or under section 13.

Compliance

(2) The work shall be built, placed, maintained, operated, used and removed in accordance with the regulations or with the terms and conditions imposed under section 13.

Non-application

(3) Sections 6 to 11.1 do not apply to works referred to in subsection (1) unless there is a contravention of subsection (2).

2009, c. 2, s. 321.

Ministerial orders respecting unauthorized works

6. (1) If any work to which this Part applies is built or placed without having been approved under this Act, is built or placed on a site not approved under this Act, is not built or placed in accordance with the approved plans and terms and conditions and with the regulations or, having been built or placed as approved, is not maintained, operated, used or removed in accordance with those plans, those terms and conditions and the regulations, the Minister may

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

(b) where the owner of the work fails forthwith to comply with an order made pursuant to paragraph (a), remove and destroy the work and sell, give away or otherwise dispose of the materials contained in the work; and

(c) order any person to refrain from proceeding with the construction of the work where, in the opinion of the Minister, the work interferes or would interfere with navigation or is being constructed contrary to this Act.

(2)�(Repealed, 2009, c. 2, s. 322)

Costs of removal, destruction or disposal

(3) Where the Minister removes, destroys or disposes of a work pursuant to paragraph (1)(b), the costs of and incidental to the operation of removal, destruction or disposal, after deducting therefrom any sum that may be realized by sale or otherwise, are recoverable with costs in the name of Her Majesty from the owner.

Approval after construction started

(4) The Minister may, subject to deposit and notice as in the case of a proposed work, approve a work, its site and the plans for it and impose any terms and conditions on the approval that the Minister considers appropriate after the start of its construction. The approval has the same effect as if it was given before the start of construction.

R.S., 1985, c. N-22, s. 6; 2009, c. 2, s. 322.

Previous VersionFee payable by person applying for approval

7. (1) A person who applies for approval of a work referred to in subsection 5(2) or 6(4) shall pay the fee prescribed by the regulations.

Approval valid for period prescribed by regulations

(2) The approval of a work under section 5 is valid for the period prescribed by the regulations.

R.S., 1985, c. N-22, s. 7; 2009, c. 2, s. 323.

Previous VersionBridges prior to May 17, 1882 maintained

8. Sections 5 to 7 do not affect any bridge constructed before May 17, 1882 that, after that date, requires to be rebuilt or repaired, if the bridge, when so rebuilt or repaired, does not interfere to a greater extent with navigation than on or before that date.

R.S., c. N-19, s. 7.

Notice and deposit of plans

9. (1) A local authority, company or individual proposing to construct any work in navigable waters may apply to the Minister for approval by depositing the plans for its design and construction and a description of the proposed site with the Minister.

Plans for management and operation

(2) If the Minister considers that the work would substantially interfere with navigation, the Minister may also require that the local authority, company or individual deposit the plans for the management and operation related to the work.

Deposit and notice — substantial interference

(3) If the Minister considers that the work would substantially interfere with navigation, the Minister shall direct the local authority, company or individual to

(a) deposit all plans in the local land registry or land titles office or any other place specified by the Minister; and

(b) provide notice of the proposed construction and the deposit of the plans by advertising in the Canada Gazette and in one or more newspapers that are published in or near the place where the work is to be constructed.

The plans shall be deposited and notice shall be provided in the form and manner specified by the Minister.

Deposit and notice — other interference

(4) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may direct the local authority, company or individual to deposit the plans in the local land registry or land titles office or any other place specified by the Minister, and to provide notice of the proposed construction and the deposit of the plans as the Minister considers appropriate.

Comments

(5) Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in subsection (3) or (4).

R.S., 1985, c. N-22, s. 9; 1993, c. 41, s. 8; 2009, c. 2, s. 324.

Previous VersionRebuilding or repair of lawful work

10. (1) Any lawful work may be rebuilt or repaired if, in the opinion of the Minister, interference with navigation is not increased by the rebuilding or repairing.

Alteration of lawful work

(2) Any lawful work may be altered if

(a) plans of the proposed alteration are deposited with and approved by the Minister; and

(b) in the opinion of the Minister, interference with navigation is not increased by the alteration.

Plans deemed to include alteration

(3) For the purposes of sections 5, 6 and 12, a reference to the plans of a work shall be construed as including the plans of the alteration thereof referred to in subsection (2).

Where work endangers or interferes with navigation

(4) Where, in the opinion of the Minister, an existing lawful work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned, any rebuilding, repair or alteration of the work shall be treated in the same manner as a new work.

R.S., c. N-19, s. 9.

Approval lapses

11. (1) When an approval of a work lapses, the Minister may grant a new approval of that work for any period that the Minister considers appropriate, having regard to changing conditions in navigation and the condition of the work.

Where application made for new approval

(2) Where an application is made for a new approval of a work pursuant to subsection (1), the work remains a lawful work pending the decision of the Minister in respect of the application.

R.S., 1985, c. N-22, s. 11; 2009, c. 2, s. 325.

Previous VersionAmendment of approval

11.1 (1) Subject to subsection (3), the Minister may amend an approval of a work if he or she is satisfied that

(a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

(b) the amendment is in the public interest.

Suspension or cancellation

(2) Subject to subsection (3), the Minister may suspend or cancel an approval if he or she is satisfied that

(a) the work is not being or has not been built, placed, maintained, operated, used or removed in accordance with the plans, the regulations or with any terms and conditions in the approval;

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

(c) the owner of the work has not paid a fine imposed under this Act;

(d) the owner of the work has contravened a provision of this Act or the regulations; or

(e) the suspension or cancellation is in the public interest, including that it is warranted by the record of compliance of the owner or of a principal of the owner under this Act.

Notice

(3) Before amending, suspending or cancelling an approval of a work, the Minister shall give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, suspension or cancellation.

2009, c. 2, s. 326.

Not a statutory instrument

11.2 For greater certainty, an order given under subsection 4(3) or paragraph 6(1)(a) or (c) is not a statutory instrument within the meaning of the Statutory Instruments Act.

2009, c. 2, s. 326.


Regulations

Orders and regulations by Governor in Council

12. (1) The Governor in Council may make any orders or regulations that the Governor in Council deems expedient for navigation purposes respecting any work to which this Part applies or that is approved or the plans and site of which are approved under any Act of Parliament or order of the Governor in Council, and may make regulations

(a) prescribing the fees payable to the Minister on an application for an approval under this Part;

(b) respecting the grant, amendment, renewal, suspension and cancellation of approvals under this Part;

(c) prescribing the period for which an approval under this Part is valid;

(d) respecting notification requirements for a change in ownership in a work;

(e) establishing classes of works or navigable waters for the purposes of subsection 5.1(1);

(f) respecting the placement, construction, maintenance, operation, safety, use and removal of works; and

(g) for carrying out the purposes and provisions of this Part.

Related works

(2) If the Governor in Council considers that two or more works are related, the Governor in Council may, for the purposes of subsection (1), deem them to be a single work.

Incorporation by reference

(2.1) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

Incorporated material not a regulation

(2.2) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

Who is subject to orders or regulations

(3) A local authority, company or person constructing, owning or in possession of any work referred to in subsection (1) is subject to orders or regulations made under this section.

R.S., 1985, c. N-22, s. 12; 2009, c. 2, s. 327.

Previous Version

Ministerial Orders

Orders

13. (1) For the purposes of section 5.1, the Minister may, by order,

(a) establish classes of works or navigable waters; and

(b) impose any terms and conditions with respect to the placement, construction, maintenance, operation, safety, use and removal of those classes of works or works that are built or placed in, on, over, under, through or across those classes of navigable waters.

Exemption from Statutory Instruments Act

(2) An order under subsection (1)

(a) is not a statutory instrument within the meaning of the Statutory Instruments Act; and

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

Incorporation by reference

(3) An order may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

R.S., 1985, c. N-22, s. 13; 2009, c. 2, s. 328.

Previous Version

Interim Orders

Interim orders

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

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 Part, 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.

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.

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.

Deeming

(5) For the purpose of any provision of this Part 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.

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.

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.

2004, c. 15, s. 95.


Part Ii. Obstacles And Obstructions

Interpretation

Definition of “owner”

14. (1) In this Part, “owner” means the registered or other owner at the time any wreck, obstruction or obstacle referred to in this Part was occasioned, and includes a subsequent purchaser.

Interpretation

(2) A reference to a “thing” in sections 15 to 18 and 20, with respect to a thing that is or is likely to become an obstruction or obstacle to navigation, does not include a reference to a thing of natural origin unless the obstruction or obstacle, or likely obstruction or obstacle, is caused by a person.

R.S., 1985, c. N-22, s. 14; 2009, c. 2, s. 330.

Previous Version

Application

Non-application

14.1 This Part, other than sections 21 to 25, does not apply to navigable waters falling within a class of navigable waters established by regulation or under section 13.

2009, c. 2, s. 330.


General

Notice and indication of obstruction or obstacle

15. (1) If the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous by the wrecking, sinking, partial sinking, lying ashore or grounding of any vessel or part of one or by any other thing, the owner, master or person in charge of the vessel or thing by which any obstruction or obstacle is caused shall

(a) forthwith give notice of the existence thereof to the Minister or to the chief officer of customs and excise at the nearest or most convenient port; and

(b) place and, as long as the obstruction or obstacle continues, maintain, by day, a sufficient signal and, by night, a sufficient light to indicate the position thereof.

Failure to signal and light rectifiable by Minister

(2) The Minister may cause the signal and light referred to in subsection (1) to be placed and maintained if the owner, master or person in charge of the vessel or other thing by which the obstruction or obstacle is caused fails or neglects to do so.

Removal of obstruction or obstacle

(3) The owner of the vessel or thing referred to in subsection (1) shall forthwith begin the removal thereof and shall prosecute the removal diligently to completion, but nothing in this subsection shall be deemed to limit the powers of the Minister under this Act.

R.S., 1985, c. N-22, s. 15; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2009, c. 2, s. 331.

Previous VersionMinister’s powers

16. The Minister may cause any wreck, vessel or part of a vessel resulting from the wrecking, sinking, partial sinking, lying ashore or grounding of a vessel, or may cause any other thing, to be secured, removed or destroyed in the manner that the Minister considers appropriate if, in the Minister’s opinion,

(a) the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous for more than 24 hours by the wreck, vessel, part of a vessel or thing;

(b) the wreck, vessel, part of a vessel or thing has been in a position for more than 24 hours that is likely to obstruct, impede or render more difficult or dangerous the navigation of any such navigable water; or

(c) the wreck, vessel, part of a vessel or thing is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and has been an obstruction or obstacle, for more than 24 hours, to the use of that property as may be required for the public purposes of Canada.

R.S., 1985, c. N-22, s. 16; 2009, c. 2, s. 332.

Previous VersionConveyance from site and sale

17. (1) The Minister may cause the vessel referred to in section 16 or its cargo, or any other thing causing or forming part of the obstruction or obstacle to be conveyed to the place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction or obstacle, or in securing, removing, destroying or selling the vessel, cargo or thing.

Surplus

(2) The Minister shall pay over any surplus of the proceeds referred to in subsection (1) or of any portion of the proceeds to the owner of the vessel, cargo or thing sold or to such other persons as are entitled thereto.

R.S., 1985, c. N-22, s. 17; 2009, c. 2, s. 333.

Previous VersionCosts constituting debt

18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt to which subsection (2) applies if the costs have been defrayed out of the public moneys of Canada.

Recovery by Her Majesty

(2) A debt constituted by virtue of subsection (1) is due to and recoverable by Her Majesty in right of Canada

(a) from the owner, managing owner, master or person in charge of the vessel or other thing at the time of the wreck, sinking, partial sinking, lying ashore or grounding thereof, as the case may be, referred to in subsection (1); or

(b) from any person through whose act or fault or through the act or fault of whose servant that wreck, sinking, partial sinking, lying ashore or grounding was occasioned or continued.

Application of moneys recovered

(3) Any sum recovered under subsection (2) forms part of the Consolidated Revenue Fund.

R.S., 1985, c. N-22, s. 18; 2009, c. 2, s. 334.

Previous VersionOrder to remove vessel left anchored

19. (1) If a vessel has been left anchored, moored or adrift in any navigable water so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the owner, managing owner, master or person in charge of the vessel to secure it or remove it to a place that the Minister considers appropriate.

Failure to comply with order

(2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may order the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable against the person as a debt due to Her Majesty.

Not a statutory instrument

(3) For greater certainty, an order given under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.

R.S., 1985, c. N-22, s. 19; 2009, c. 2, s. 335.

Previous VersionAbandoned vessel

20. If any vessel or other thing is wrecked, sunk, partially sunk, lying ashore or grounded in any navigable water in Canada, the vessel, part of the vessel, its cargo or thing is deemed to be abandoned on the day that is two years from the day of the casualty. On or after that later day the Minister may, under the restrictions that the Minister considers appropriate, authorize any person to take possession of and remove the vessel, part of the vessel or thing for that person’s own benefit, on giving to the owner, if known, one month’s notice, or if the owner is unknown, public notice for the same period in a local newspaper published in or near to the location of the vessel or thing.

R.S., 1985, c. N-22, s. 20; 2009, c. 2, s. 335.

Previous VersionThrowing 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.

R.S., c. N-19, s. 19.

Throwing or depositing stone, etc., prohibited

22. 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 that flows into any navigable water, where there are not at least twenty fathoms 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 where that throwing or depositing is prohibited by or under any other Act.

R.S., c. N-19, s. 20.

Proclamation of exemption

23. The Governor in Council, when it is shown to the satisfaction of the Governor in Council that the public interest would not be injuriously affected thereby, may, by proclamation, declare any rivers, streams or waters in respect of which sections 21 and 22 apply, or any parts thereof, exempt in whole or in part from the operation of those sections, and may revoke the proclamation.

R.S., c. N-19, s. 21.

Powers of certain authorities

24. Nothing in this Part affects the legal powers, rights or duties of harbour commissioners, harbour masters, port wardens, The St. Lawrence Seaway Authority or a port authority established under the Canada Marine Act in respect of materials that, under this Part, are not allowed to be deposited in navigable waters.

R.S., 1985, c. N-22, s. 24; 1998, c. 10, s. 189.

Dumping places

25. The Minister may appoint places in any navigable waters not within the jurisdiction of any of the officers or corporations referred to in section 24, where stone, gravel, earth, cinders, ashes or other material may be deposited notwithstanding that the minimum depth of water at any such place may be less than twenty fathoms, and the Minister may make rules regulating the deposit of the materials.

R.S., c. N-19, s. 23.

26. (Repealed, 2009, c. 2, s. 336)

Previous Version27. (Repealed, 2009, c. 2, s. 336)

Previous Version28. (Repealed, 2009, c. 2, s. 336)

Previous Version

Part Iii. Regulation Of Ferry Cables And Swing Or Draw Bridges

29. (Repealed, 2009, c. 2, s. 337)

Previous Version

General

Regulations

30. (1) The Governor in Council may make regulations to govern

(a) the laying, stretching or maintaining of any ferry cable;

(b) the maintenance of lights and any other precautions for the safety of navigation in connection with such a ferry cable;

(c) the opening and closing of any swing or draw bridge over any navigable water; and

(d) the maintenance of lights and any other precautions for the safety of navigation in connection with such a bridge.

Incorporation by reference

(2) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

Incorporated material not a regulation

(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

R.S., 1985, c. N-22, s. 30; 2009, c. 2, s. 338.

Previous Version31. (Repealed, 2009, c. 2, s. 339)

Previous Version

Interim Orders

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 Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.

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 Part, 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.

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.

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.

Deeming

(5) For the purpose of any provision of this Part 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.

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.

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.

2004, c. 15, s. 96.


Part Iv. Administration And Enforcement

Designation

Designation

33. For the purposes of the administration and enforcement of this Act and any regulation or order, the Minister may designate persons or classes of persons to exercise powers in relation to any matter referred to in the designation.

2009, c. 2, s. 340.


Powers

Authority to enter

34. (1) A person who is designated to verify compliance or prevent non-compliance with this Act and any regulation or order may, for that purpose, at any reasonable time, enter a work, vessel or swing or draw bridge, or enter any other place in which they have reasonable grounds to believe the following items are located:

(a) a work or anything related to a work;

(b) a wreck, vessel, part of a vessel or other thing that obstructs or impedes navigation or renders it more difficult or dangerous, or that is likely to do so;

(c) a ferry cable or swing or draw bridge, or anything related to one.

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.

Powers

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

(a) examine anything that is found 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; and

(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.

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.

2009, c. 2, s. 340.

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.

2009, c. 2, s. 340.

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).

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 the purpose of verifying compliance or preventing non-compliance with the Act and any regulation or order; 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.

2009, c. 2, s. 340.


Prohibitions

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.

Obstruction

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

2009, c. 2, s. 340.


Injunction

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 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

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

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.

2009, c. 2, s. 340.


Immunity

Not personally liable

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

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.

2009, c. 2, s. 340.


Offences and Punishment

Offence

40. (1) Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person contravenes

(a) an order given under subsection 4(3), paragraph 6(1)(a) or (c) or subsection 19(1);

(b) an interim order made under section 13.1 or 32;

(c) an order or regulation made under section 12 or 30; or

(d) subsection 15(1) or section 21, 22, 35 or subsection 37(1) or (2).

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.

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.

2009, c. 2, s. 340.


Part V. Review

Review of Act

41. (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.

Tabling of report

(2) The Minister shall 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.

2009, c. 2, s. 340.


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