Hyperlawhypertext legal database Major Works Order current to 2020-11-17

SOR-2019-320 Major Works Order

Current to 2020-11-17 · last amended 2019-08-28

Contents
Provision

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

Provision

Therefore, the Minister of Transport, pursuant to paragraph 28(2)(b) a of the Canadian Navigable Waters Act b, makes the annexed Major Works Order. S.C. 2019, c. 28, s. 61(4) R.S., c. N-22; S.C. 2012, c. 31, s. 316; S.C. 2019, c. 28, s. 46

Provision

Ottawa, August 9, 2019

Provision

Le ministre des Transports, Marc Garneau Minister of Transport

Water Control Structures

s. 1 — Works — water control structures

The following water control structures are designated as major works:

s. 1(a)

dams that

s. 1(a)(i)

are capable of impounding at least 30 000 m 3 of water, and

s. 1(a)(ii)

are at least 2.5 m high, measured from the bed of the navigable water; and

s. 1(b)

structures for the diversion of water if they

s. 1(b)(i)

are placed across a navigable water,

s. 1(b)(ii)

divert water from a navigable water into another navigable water, and

s. 1(b)(iii)

change the water level or water flow of at least one of those navigable waters.

Ferry Cables

s. 2 — Works — ferry cables
s. 2(1)

Ferry cables are designated as major works.

s. 2(2) — Definition of ferry cable

In this section, a ferry cable includes any cable, rod, chain or other device put across, over, under or in any navigable water for working a ferry.

Bridges

s. 3 — Works — bridges
s. 3(1)

The following bridges are designated as major works:

s. 3(1)(a)

movable span bridges;

s. 3(1)(b)

floating span bridges; and

s. 3(1)(c)

fixed span bridges with one or more piers below the ordinary high water mark.

s. 3(2) — Definition of floating span bridge

In this section, a floating span bridge means a bridge that is built on floating anchored foundations.

s. 4 — Temporary works

Temporary works that are installed for a period of at least 30 consecutive days for the construction, placement, alteration, rebuilding, removal, decommissioning, repair or maintenance of a bridge are designated as major works, unless they are installed during a period when navigation is not possible.

Causeways

s. 5 — Works — causeways

Causeways that are placed across a navigable water are designated as major works.

Aquaculture Facilities

s. 6 — Works — aquaculture facilities

Aquaculture facilities are designated as major works.

Coming into Force

*7 — S.C. 2019, c. 28

This Order comes into force on the day on which subsection 61(4) of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.[Note: Order in force August 28, 2019, see SI/2019-86.]