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Bill C-45

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SUPERANNUATION

Members

45. A member of the council or of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

278. (1) Subsection 46(1) of the Act is replaced by the following:

Information privileged

46. (1) Subject to this Act and any regulations made under it, all information obtained from a supplier or employer for the purposes of this Act is privileged and, despite the Access to Information Act or any other Act or law, no person who has obtained information from a supplier or employer for the purposes of this Act shall knowingly, without the written consent of the person who provided the information,

(a) communicate the information, or allow it to be communicated, to any person; or

(b) allow any person to inspect or to have access to any book, record, writing or other document containing that information.

Exception — administration or enforcement of Act

(1.1) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information for the purposes of the administration or enforcement of this Act.

1996, c. 8, s. 24

(2) The portion of subsection 46(2) of the Act before paragraph (c) is replaced by the following:

Exceptions

(2) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information, to or by

(3) Subsection 46(3) of the Act is replaced by the following:

Other exceptions

(3) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate or disclose the information or cause it to be communicated or disclosed to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

279. Section 47 of the Act and the heading before it are replaced by the following:

POWERS OF THE MINISTER

Designations

47. (1) The Minister may designate any individual as Chief Screening Officer and any other individual as Chief Appeals Officer.

Powers and functions

(2) The Minister may, in addition to exercising the powers and performing the functions specified in this Act,

(a) exercise the powers and perform the functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and

(b) exercise the powers and perform the functions that are conferred on or assigned to him or her, in relation to the review of claims for exemption and to appeals, by any law of a province relating to occupational health and safety.

2007, c. 7, s. 8

280. (1) Paragraph 48(1)(b.2) of the Act is replaced by the following:

(b.2) respecting the participation of the Minister in an appeal heard before an appeal board;

(2) Subsection 48(2) of the Act is replaced by the following:

Regulations prescribing fees

(2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Act.

281. Sections 50 and 51 of the Act are replaced by the following:

No personal liability

50. No member of an appeal board is personally liable for anything done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.

282. The Act is amended by replacing “this Part” with “this Act” in the following provisions:

(a) section 9;

(b) subsections 10(2) and (3);

(d) subsection 43(4);

(e) paragraphs 48(1)(d) to (f); and

(f) the portion of subsection 49(1) before paragraph (a).

283. The French version of the Act is amended by replacing “directeur de la Section d’appel” with “agent d’appel en chef”, with any grammatical changes that the circumstances require, in the following provisions:

(a) subsection 20(1.1);

(b) the portion of section 21 before paragraph (a);

(d) subsections 27(1) and (2); and

(e) paragraphs 43(1)(a) and (2)(a).

284. The French version of the Act is amended by replacing “directeur de la Section de contrôle” with “agent de contrôle en chef”, with any grammatical changes that the circumstances require, in the following provisions:

(a) subsections 11(1) and (2);

(b) the portion of subsection 12(1) before paragraph (a); and

Transfer of Employees and Positions

Order

285. (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health.

Transfer

(2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.

Transitional Provisions

Definitions

286. The following definitions apply for the purposes of 287 to 289.

“Commission”
« Conseil »

“Commission” means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act.

“Minister”
« ministre »

“Minister” means the Minister of Health.

Transfer of appropriations

287. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Commission that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Health.

Transfer of powers, duties and functions

288. If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Commission or its President in relation to any matter to which the powers, duties and functions of the Minister extend by virtue of the Hazardous Materials Information Review Act, that power, duty or function is vested in or may be exercised or performed by the Minister, unless the Governor in Council by order designates another Minister to exercise that power or perform that duty or function.

Rights and obligations transferred

289. All rights and property held by or in the name of or in trust for the Commission and all obligations and liabilities of the Commission are deemed to be rights, property, obligations and liabilities of Her Majesty in right of Canada.

Consequential Amendments

R.S., c. A-1

Access to Information Act

R.S., c. 24 (3rd Supp.), s. 52

290. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

R.S., c. F-11

Financial Administration Act

1992, c. 1, s. 72; 1996, c. 8, s. 23

291. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

and the corresponding reference in column II to “Minister of Health”.

2003, c. 22, s. 11

292. Schedule IV to the Act is amended by striking out the following:

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

2006, c. 9, s. 270

293. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

and the corresponding reference in column II to “President”.

R.S., c. P-21

Privacy Act

R.S., c. 24 (3rd Supp.), s. 53

294. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

1991, c. 30

Public Sector Compensation Act

295. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Hazardous Materials Information Review Commission

Conseil de contrôle des renseignements relatifs aux matières dangereuses

SI/93-81

Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order

296. Item 53 of the schedule to the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order is repealed.

Repeal

297. Order in Council P.C. 1988-2030, dated September 15, 1988 and registered as SI/88-137, is repealed.

Coming into Force

Order in council

298. This Division, other than section 285, comes into force on a day to be fixed by order of the Governor in Council.

Division 14

1996, c. 17

Agreement on Internal Trade Implementation Act

Amendments to the Act

299. The definition “Agreement” in section 2 of the Agreement on Internal Trade Implementation Act is replaced by the following:

“Agreement”
« Accord »

“Agreement” means the Agreement on Internal Trade signed in 1994, as amended from time to time;

300. The Act is amended by adding the following after section 8:

Orders Made Under Chapter 17 of Agreement

Orders of Federal Court

8.1 (1) An order to pay a monetary penalty or tariff costs made under Chapter 17 of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.

Procedure

(2) To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.

Enforcement

8.2 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.

Orders final and binding

8.3 An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.

301. The heading before section 9 of the English version of the Act is replaced by the following:

Orders of Governor in Council

302. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Orders

9. (1) For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, the Governor in Council may, by order, do any one or more of the following:

(2) Paragraphs 9(3)(a) and (b) of the Act are replaced by the following:

(a) the requirements for standing set out in Article 1703(8) of the Agreement; and

(b) the conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement.

303. Section 12 of the Act is replaced by the following:

Rosters

12. The Governor in Council may appoint any person who meets the requirements set out in Annex 1704(2) of the Agreement to be on the rosters referred to in Article 1704(2) of the Agreement.

304. Section 15 of the Act and the headings before it are replaced by the following:

Screener

15. The Governor in Council may, by order, appoint any person to be a screener for the purposes of Part B of Chapter 17 of the Agreement if the person meets the requirements set out in that Part.

RELATED AND CONSEQUENTIAL AMENDMENTS

R.S., c. C-50; 1990, c. 8, s. 21

Related Amendment to the Crown Liability and Proceedings Act

1996, c. 17, s. 15

305. Subsection 28(3) of the Crown Liability and Proceedings Act is repealed.

Coming into Force

Order in council

306. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 15

1996, c. 23

Employment Insurance Act

307. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.9):

Temporary measure — small business refund 2012

(8.91) If an employer’s premium is $10,000 or less for 2011, the Minister shall refund to the employer a portion of the premium for 2012 determined by the following formula if that amount is more than $2:

P2 – P1

where

P1 is the amount of the employer’s premium in 2011; and

P2 is the amount of the employer’s premium in 2012.

P1 can equal zero

(8.92) For the purposes of subsection (8.91), P1 is equal to zero if a person was not required to pay an employer’s premium in 2011.

Maximum refund

(8.93) A refund under subsection (8.91) shall not exceed $1,000.

2011, c. 24, s. 160(2)

(2) Subsection 96(13.1) of the Act is replaced by the following:

No interest payable

(13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7) or (8.91).

Division 16

2001, c. 27

Immigration and Refugee Protection Act

Amendments to the Act

308. Section 11 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):

Electronic travel authorization

(1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by the system or by an officer and, if the system or officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the system or officer.

309. Section 14 of the Act is amended by adding the following after subsection (2):

Electronic travel authorization

(3) For the purposes of subsection 11(1.01), the regulations may include provisions respecting the circumstances in which an application may be made by other means and respecting those other means.

310. Subsection 15(1) of the Act is replaced by the following:

Examination by officer

15. (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).

2012, c. 19, s. 706(1)

311. Subsection 87.3(1) of the Act is replaced by the following:

Application

87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

312. Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:

User Fees Act

(2) The User Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).

Coordinating Amendments

2012, c. 17

313. (1) In this section, “other Act” means the Protecting Canada’s Immigration System Act.

(2) On the first day on which both subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by subsection 9(2) of the other Act, and subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by section 309 of this Act, are in force, subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by subsection 9(2) of the other Act, is renumbered as subsection 14(4) and is repositioned accordingly if required.

(3) If section 30 of the other Act comes into force before section 312 of this Act, then

(a) that section 312 is deemed never to have come into force and is repealed; and

(b) section 89 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (2):

User Fees Act

(3) The User Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).

(4) If section 312 of this Act comes into force before section 30 of the other Act, then that section 30 is replaced by the following:

30. Section 89 of the Act is amended by adding the following after subsection (2):

User Fees Act

(3) The User Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.

(5) If section 30 of the other Act comes into force on the same day as section 312 of this Act, then that section 30 is deemed to have come into force before that section 312 and subsection (3) applies as a consequence.

2012, c. 19

314. On the first day on which both section 311 of this Act is in force and subsection 710(2) of the Jobs, Growth and Long-term Prosperity Act has produced its effects, subsection 87.3(1) of the Immigration and Refugee Protection Act is replaced by the following:

Application

87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.

Division 17

R.S., c. C-7

Canada Mortgage and Housing Corporation Act

315. Subsection 8(1) of the Canada Mortgage and Housing Corporation Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).

Division 18

R.S., c. N-22

Navigable Waters Protection Act

Amendments to the Act

316. Section 1 of the Navigable Waters Protection Act is replaced by the following:

Short title

1. This Act may be cited as the Navigation Protection Act.

317. (1) The portion of section 2 of the English version of the Act before the first definition is replaced by the following:

Definitions

2. The following definitions apply in this Act.

2009, c. 2, s. 317

(2) The definition “ferry cable” in section 2 of the Act is repealed.

2009, c. 2, s. 317

(3) The definition “bateau” in section 2 of the French version of the Act is repealed.

2009, c. 2, s. 317

(4) The definition “work” in section 2 of the Act is replaced by the following:

“work”
« ouvrage »

“work” includes any structure, device or thing, whether temporary or permanent, that is made by humans. It also includes the dumping of fill or the excavation of materials from the bed of any navigable water.

(5) Section 2 of the Act is amended by adding the following in alphabetical order:

“designated work”
« ouvrage désigné »

“designated work” means a minor work or a work that is constructed or placed in, on, over, under, through or across any minor water.

“minor water”
« eaux secondaires »

“minor water” means any navigable water designated under paragraph 28(2)(b).

“minor work”
« ouvrage secondaire »

“minor work” means any work designated under paragraph 28(2)(a).

“obstruction”
« obstacle »

“obstruction” means a vessel, or part of one, that is wrecked, sunk, partially sunk, lying ashore or grounded, or any thing, 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.

“owner”
« propriétaire »

“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, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work. It also includes a person who proposes to construct or place a work.

“person in charge”
« responsable »

“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.

“Tribunal”
« Tribunal »

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

(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

« bâtiment »
“vessel”

« bâtiment » Toute construction flottante conçue ou utilisée pour la navigation en mer ou dans les eaux internes, qu’elle soit pourvue ou non d’un moyen propre de propulsion. Est compris dans la présente définition tout ce qui fait partie des machines, de l’outillage de chargement, de l’équipement, de la cargaison, des approvisionnements ou du lest du bâtiment.

R.S., c. 1 (2nd suppl.), s. 213(1), Sch. I, item 9(1); 2004, c. 15, s. 95; 2009, c. 2, ss. 319 to 328, 329(F) and 330 to 334

318. The headings before section 3 and sections 3 to 18 of the Act are replaced by the following:

WORKS

Prohibition

3. It is prohibited to construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule except in accordance with this Act or any other federal Act.

Opt in

4. (1) An owner of a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water, other than any navigable water that is listed in the schedule, may request that this Act be made applicable to the work as if it were a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule.

Request

(2) The request shall be made to the Minister in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

Deeming

(3) The Minister may accept the request if he or she considers that it is justified in the circumstances, in which case the work is deemed, for the purposes of this Act, to be a work that is constructed or placed, or proposed to be constructed or placed, in, on, over, under, through or across any navigable water that is listed in the schedule, as the case may be.

Assessment by Minister

5. (1) An owner who proposes to construct, place, alter, repair, rebuild, remove or decommission a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule shall give notice of the proposal to the Minister.

Notice

(2) The notice shall be made in the form and manner, and contain the information, that is specified by the Minister and shall be accompanied by the applicable fee.

Application

(3) Subsection (1) also applies even if the construction, placement, alteration, repair, rebuilding, removal or decommissioning of the work has begun or is completed before the Minister is notified under subsection (1).

Assessment — factors

(4) In determining whether the work is likely to substantially interfere with navigation, the Minister shall, on receipt of the notice and the applicable fee, assess the proposal and in doing so shall take into account any relevant factor, including

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

(b) the safety of navigation;

(d) the impact of the work on navigation in that navigable water, for example, as a result of its construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and

(e) the cumulative impact of the work on navigation in that navigable water.

Related works

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

Minister’s powers

(6) In determining whether the work is likely to substantially interfere with navigation, the Minister may require from the owner

(a) any additional information that the Minister considers appropriate; and

(b) the deposit of any information specified by the Minister in the local land registry or land titles office or in any other place specified by the Minister and the publication of a notice containing any information specified by the Minister in the Canada Gazette and in any other publication specified by the Minister.

Notice

(7) The notice referred to in paragraph (6)(b) shall invite any interested person to provide written comments to the Minister within 30 days after its publication.

Assessment results

(8) On completion of the assessment of the proposal, the Minister shall determine whether or not the work is likely to substantially interfere with navigation and shall so inform the owner.

Notice

(9) If the work does not conform to the description that the owner provided in the notice referred to in subsection (1), the owner shall so notify the Minister. The Minister may then require that a new notice be given under that subsection.

Approval

6. (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is likely to substantially interfere with navigation only if the Minister has issued an approval for the work, which may be issued only if an application for the approval is submitted and the application is accompanied by the applicable fee.

Application for approval

(2) The application for an approval shall be made in the form and manner, and contain the information, specified by the Minister.

Refusal

(3) The Minister may refuse to issue an approval if he or she considers that the refusal is in the public interest, including by reason of the record of compliance of the owner under this Act.

Terms and conditions

(4) The Minister may attach any term or condition that he or she considers appropriate to an approval including a requirement that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form that is satisfactory to the Minister.

Compliance with requirements

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

Contiguous area

(6) The Minister may, in an approval, designate an area contiguous with a work that is necessary for the safety of persons and navigation.

Transfer

(7) An approval may only be transferred if written notice of the transfer is given to the Minister 30 days before the transfer takes place.

Approval after construction or placement begins

(8) The Minister may, if he or she considers that it is justified in the circumstances, approve the construction or placement of the work after its construction or placement begins or is completed.

Amendment of approval

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

Other amendment of approval

(2) The Minister may otherwise amend the approval, including by adding terms and conditions, only if he or she is satisfied 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; or

Suspension or cancellation

(3) 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;

(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.

Emergency

8. Even if the notice referred to in subsection 5(1) has not yet been given, the Minister may authorize the construction, placement, alteration, repair, rebuilding, removal or decommissioning of a work — other than a designated work — in, on, over, under, through or across any navigable water that is listed in the schedule if the Minister considers that such an authorization is necessary as a result of an emergency that has resulted in or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources and that is caused by a real or imminent

(a) fire, flood, drought, storm, earthquake or other natural phenomenon;

(b) disease in human beings, animals or plants; or

Permitted works

9. (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a work in, on, over, under, through or across any navigable water that is listed in the schedule that the Minister has determined under section 5 is not likely to substantially interfere with navigation only if the construction, placement, alteration, repair, rebuilding, removal or decom-missioning is in accordance with the requirements under this Act.

Terms and conditions

(2) The Minister may impose any term or condition that he or she considers appropriate on the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work including the designation of an area contiguous with a work that is necessary for the safety of persons and navigation.

Security

(3) In addition, the Minister may require, as a term or condition, that the owner give security in the form of a letter of credit, guarantee, suretyship or indemnity bond or insurance or any other form satisfactory to the Minister.

Compliance with requirements

(4) The owner shall comply with the terms and conditions imposed under subsections (2) and (3) and maintain, operate and use the work in accordance with the requirements under this Act.

Amendment of terms and conditions

(5) The Minister may amend or revoke any term or condition.

Designated works

10. (1) An owner may construct, place, alter, repair, rebuild, remove or decommission a designated work in, on, over, under, through or across any navigable water that is listed in the schedule only if the construction, placement, alteration, repair, rebuilding, removal or decommissioning is in accordance with the requirements under this Act.

Maintenance, operation and use

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

Application

11. (1) This section applies to any work that is constructed, placed, altered, repaired, rebuilt, removed, decommissioned, maintained, operated or used contrary to the requirements under this Act.

Minister’s powers

(2) The Minister may

(a) order the owner of a work to remove or alter 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 decom-missioning of a work.

Costs of removal or disposal

(3) The amount of the costs incurred by the Minister while acting under paragraph (2)(c), after deducting from that amount any sum that may be realized by sale or otherwise, is recoverable with costs in the name of Her Majesty from the owner.

Obligation to notify Minister

12. (1) An owner of a work in, on, over, under, through or across any navigable water that is listed in the schedule shall immediately notify the Minister if the work causes or is likely to cause a serious and imminent danger to navigation.

Duty to take corrective measures

(2) The owner shall, 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 to counteract, mitigate or remedy any adverse effects that result from that danger to navigation or might reasonably be expected to result from it.

Removal of works, etc.

13. (1) The Minister may order the owner of a work constructed or placed in, on, over, under, through or across any navigable water that is listed in the schedule to repair, alter or remove it if he or she is satisfied 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

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.

Owner’s expense

(3) If the owner fails to comply with an order made under subsections (1) or (2), the Minister may cause the order to be carried out at the expense of the owner.

Statutory Instruments Act

14. For greater certainty, approvals issued under section 6, terms and conditions imposed under subsection 9(2) or (3) 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.

OBSTRUCTIONS

Notice and indication of obstruction

15. (1) The person in charge of an obstruction in a navigable water — other than a minor water — listed in the schedule shall

(a) immediately give notice of the existence of the obstruction to the Minister, in the form and manner, and including the information, specified by the Minister; and

(b) 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.

Failure to signal and light rectifiable by Minister

(2) The Minister may cause the signal and light to be placed and maintained if the person in charge of the obstruction fails to do so.

Removal of obstruction

(3) Unless otherwise ordered by the Minister, the person in charge of the obstruction shall immediately begin its removal and shall carry on the removal diligently to completion.

Failure to remove obstruction rectifiable by Minister

(4) The Minister may cause the obstruction to be removed or destroyed if the person in charge of the obstruction fails to remove the obstruction.

Minister’s powers

16. (1) The Minister may order the person in charge of an obstruction or potential obstruction in a navigable water — other than a minor water — that is listed in the schedule to secure, remove or destroy it in the manner that the Minister considers appropriate if the situation has persisted for more than 24 hours.

Property belonging to Her Majesty

(2) The Minister may order any person to secure, remove or destroy a wreck, vessel, part of a vessel or any 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.

Failure to comply with order

(3) If the person to whom an order is given under subsection (1) or (2) fails to comply with the order, the Minister may cause the order to be carried out.

Not a statutory instrument

(4) 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.

Moving and sale

17. (1) The Minister may cause an obstruction in a navigable water — other than in a minor water — that is listed in the schedule or the wreck, vessel, part of a vessel or thing referred to in subsection 16(2) to be moved to a 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, wreck, vessel, part of a vessel or thing or in securing, removing, destroying or selling it.

Surplus

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

Costs constituting debt

18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or (4) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt due to Her Majesty in right of Canada.

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; or

Application of moneys recovered

(3) Any sum recovered under subsection (2) shall be paid into the Consolidated Revenue Fund.

2009, c. 2, s. 335

319. (1) Subsections 19(1) and (2) of the Act are replaced by the following:

Order to remove vessel left anchored

19. (1) If a vessel has been left anchored, moored or adrift in any navigable water — other than in any minor water — that is listed in the schedule so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the registered owner or other owner, managing owner, master, person in charge of the vessel or subsequent purchaser 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 cause 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 from the person as a debt due to Her Majesty.

2009, c. 2, s. 335

(2) Subsection 19(3) of the French version of the Act is replaced by the following:

Loi sur les textes réglementaires

(3) Il est entendu que l’ordre donné au titre du présent article n’est pas un texte réglementaire au sens de la Loi sur les textes réglementaires.

2009, c. 2, s. 335

320. Section 20 of the Act is replaced by the following:

Abandoned vessel

20. If any vessel or thing is wrecked, sunk, partially sunk, lying ashore, grounded or abandoned in any navigable water — other than in any minor water — that is listed in the schedule, the Minister may, under the restrictions that he or she 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 that person’s giving to the registered owner or other owner of the vessel or to the owner of the thing, if known, one month’s notice or, if the registered owner or other owner of the vessel or owner of the thing is not known, public notice for the same period in a publication specified by the Minister.

DEPOSIT AND DEWATERING

1998, c. 10, s. 189; 2009, c. 2, ss. 336 to 338

321. Sections 22 to 30 of the Act are replaced by the following:

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 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.

Dewatering

23. No person shall dewater any navigable water.

Exemption by order

24. The Governor in Council may, by order, exempt from any of sections 21 to 23, any rivers, streams or waters, in whole or in part, if it is shown to the satisfaction of the Governor in Council that the exemption would be in the public interest.

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.

Dumping places

26. The Minister may 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, and the Minister may make rules respecting the deposit of the materials.

AGREEMENTS AND ARRANGEMENTS

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 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.

REGULATIONS, ORDERS, INCORPORATION BY REFERENCE AND INTERIM ORDERS

Regulations and Orders

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) prescribing fees, or the method of calculating fees, to be paid with the request referred to in section 4, to be paid for the assessment referred to in section 5, to be paid with the application referred to in section 6 and to be paid for any other service, right or privilege provided under this Act and respecting the payment of those fees;

(d) respecting the water levels and water flow necessary for navigation;

(e) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule;

(f) respecting the designation of areas contiguous with works that are necessary for the safety of persons and navigation;

(g) respecting notification requirements in the case of a change in owner of a work;

(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.

Minister’s power

(2) The Minister may make an order

(a) designating any works as minor works;

(b) designating, as minor waters, any of the navigable waters, in whole or in part, that are listed in the schedule;

(c) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any navigable waters — other than any minor waters — that are listed in the schedule; and

(d) respecting the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of works in, on, over, under, through or across any minor waters.

Classes

(3) A regulation or order made under this section may establish classes and distinguish among those classes.

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.

Exemption from Statutory Instruments Act

(5) An order made under subsection (2) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. However, it shall be published in the Canada Gazette within 23 days after the day on which it is made.

Definition of “local authority”

29. (1) For the purposes of this section, “local authority” means the government of a municipality, any other government constituted under the laws of a province or a department of a provincial government.

Addition to schedule

(2) The Governor in Council may, by regulation, amend the schedule by adding to it a reference to a navigable water if the Governor in Council is satisfied that the addition

(a) is in the national or regional economic interest;

(b) is in the public interest; or

Minister’s recommendation

(3) The Minister may recommend the addition of a reference to a navigable water to the schedule at the request of a local authority only if the Minister is satisfied that the local authority meets the criteria specified by the Minister.

Other amendment of schedule

(4) The Governor in Council may, by regulation, amend the schedule by amending or deleting a reference to a navigable water.

Incorporation by Reference

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.

Accessibility

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

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.

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.

2004, c. 15, s. 96

322. (1) Subsection 32(1) of the Act is replaced by the following:

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.

2004, c. 15, s. 96

(2) Paragraph 32(2)(c) of the Act is replaced by the following:

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

2004, c. 15, s. 96

(3) Subsection 32(5) of the Act is replaced by the following:

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.

2009, c. 2, s. 340

323. Section 33 of the Act and the headings before it are replaced by the following:

ADMINISTRATION AND ENFORCEMENT

Designation

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

2009, c. 2, s. 340

324. (1) Subsection 34(1) of the Act is replaced by the following:

Authority to enter

34. (1) A designated person may, for a purpose related to verifying compliance with this Act, enter a place in which they have reasonable grounds to believe that any of the following items are located:

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

(b) an obstruction or potential obstruction.

2009, c. 2, s. 340

(2) Subsection 34(2) of the French version of the Act is replaced by the following:

Certificat

(2) La personne désignée présente, sur demande, au responsable du lieu le certificat établi en la forme déterminée par le ministre et attestant sa qualité.

2009, c. 2, s. 340

(3) Paragraph 34(3)(c) of the French version of the Act is replaced by the following:

c) ordonner de mettre en marche les machines, le bâtiment ou tout autre moyen de transport, ou de faire fonctionner l’ouvrage ou l’équipement, situés dans le lieu, ou d’arrêter les machines, le bâtiment ou le moyen de transport ou de cesser de faire fonctionner l’ouvrage ou l’équipement;

2009, c. 2, s. 340

325. The portion of section 35 of the French version of the Act before paragraph (a) is replaced by the following:

Obligation d’assistance

35. Le propriétaire ou le responsable du lieu visé au paragraphe 34(1), ainsi que toute personne qui s’y trouve, sont tenus :

2009, c. 2, s. 340

326. (1) The portion of subsection 36(2) of the French version of the Act before paragraph (a) is replaced by the following:

Pouvoir de décerner un mandat

(2) Sur demande ex parte, le juge de paix peut décerner un mandat autorisant, sous réserve des conditions éventuellement fixées, la personne qui y est nommée à entrer dans une maison d’habitation, s’il est convaincu, sur la foi d’une dénonciation sous serment, que sont réunis les éléments suivants :

2009, c. 2, s. 340

(2) Paragraph 36(2)(b) of the Act is replaced by the following:

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

2009, c. 2, s. 340

327. Subsection 38(1) of the Act is replaced by the following:

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.

328. The Act is amended by adding the following after section 39:

Administrative Monetary Penalties

Violations

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.

Purpose of penalty

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

Maximum penalty

(3) The maximum penalty for a violation is $5,000, in the case of an individual, and $40,000 in any other case.

Proceedings

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.

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;

(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.

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.

Short-form descriptions

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

Penalties

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

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.

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

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.

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.

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.

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.

Recovery of Debts

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), beginning on the day specified in the notice; and

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

Limitation period or prescription

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

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 and 39.13.

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).

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

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.

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.

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.

Burden of proof

39.18 If the Tribunal is to determine whether a person who is named in a notice of violation committed any violation that is identified in it, the Tribunal shall do so on a balance of probabilities.

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.

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.

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

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.

Limitation period or prescription

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

Certification by Minister

39.24 A document appearing to have been issued by the Minister 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.

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.

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.

2009, c. 2, s. 340

329. (1) Subsection 40(1) of the Act is replaced by the following:

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

(a) contravenes section 3;

(b) does not give the notice required under subsection 5(1) or (9) or 12(1) or paragraph 15(1)(a);

(d) contravenes an order given under paragraph 11(2)(a), (b) or (d) or subsection 13(1) or (2), 16(1) or (2) or 19(1);

(e) does not take the measures required under subsection 12(2) or paragraph 15(1)(b);

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

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

2009, c. 2, s. 340

(2) Subsection 40(2) of the French version of the Act is replaced by the following:

Amende

(2) Dans le cas où des matières visées à l’article 22 ont été jetées d’un bâtiment ou déposées par un bâtiment et qu’une déclaration de culpabilité a été obtenue à cet égard, le bâtiment est passible de l’amende imposée et peut être détenu par un gardien de port ou par le chef du service des douanes de tout port jusqu’au paiement de l’amende.

(3) Section 40 of the Act is amended by adding the following after subsection (3):

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.

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.

2009, c. 2, s. 340

330. The heading “PART V” after section 40 of the Act is repealed.

331. The Act is amended by adding, after section 41, the schedule set out in Schedule 2 to this Act.

Transitional Provisions

Approvals

332. (1) Every work in respect of which an approval was granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division is deemed to be approved under section 6 of the Navigation Protection Act, except if it is stated in the approval that the work interferes, other than substantially, with navigation, in which case the work is deemed to be validly constructed or placed in accordance with section 9 of the Navigation Protection Act.

Terms and conditions

(2) Any term or condition imposed on an approval granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains in effect.

Designated works

(3) Every work, the construction or placement of which was permitted under section 5.1 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division, is deemed to be validly constructed or placed in accordance with section 10 of the Navigation Protection Act.

Lawful works

(4) A work referred to in subsection 4(1) or (2) or section 8 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains validly constructed or placed under the Navigation Protection Act.

Works — navigable waters

(5) Every work referred to in subsection (1), (3) or (4) that is constructed or placed in, on, over, under, through or across any navigable water other than any navigable water listed in the schedule to the Navigation Protection Act is deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule.

Opt out

(6) Subsection (5) does not apply to a work on receipt by the Minister of Transport of a notice to that effect. The notice shall be given by the owner, as defined in section 2 of the Navigation Protection Act, no later than five years after the coming into force of this Division.

Request for approval not decided

333. Every request for approval of a work submitted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division that has not been decided before that coming into force is deemed to be a notice referred to in subsection 5(1) of the Navigation Protection Act.

Minor Works and Waters (Navigable Waters Protection Act) Order

334. (1) The works established as classes of works in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor works designated under paragraph 28(2)(a) of the Navigation Protection Act until an order is made under that paragraph.

Terms and conditions

(2) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor works referred to in subsection (1) is deemed to be made under paragraph 28(2)(c) of the Navigation Protection Act until an order is made under that paragraph.

Minor Works and Waters (Navigable Waters Protection Act) Order

(3) The navigable waters established as classes of navigable waters in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor waters designated under paragraph 28(2)(b) of the Navigation Protection Act until an order is made under that paragraph.

Terms and conditions

(4) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor waters referred to in subsection (3) is deemed to be made under paragraph 28(2)(d) of the Navigation Protection Act until an order is made under that paragraph.

Repeal

335. The Minor Works and Waters (Navigable Waters Protection Act) Order is repealed.

Consequential Amendments

R.S., c. H-1

Harbour Commissions Act

336. Section 33 of the Harbour Commissions Act is replaced by the following:

Navigation Protection Act

33. Any work undertaken by or on behalf of the Commission affecting the use of any navigable waters is subject to the Navigation Protection Act.

R.S., c. N-7

National Energy Board Act

2012, c.19, s. 69

337. The definition “navigable water” in section 2 of the National Energy Board Act is replaced by the following:

“navigable water”
« eaux navigables »

“navigable water” has the same meaning as in section 2 of the Navigation Protection Act;

1990, c. 7, s. 23

338. Subsection 58.3(1) of the Act is replaced by the following:

Exceptions

58.3 (1) No approval under the Navigation Protection Act is required for the construction of any work if leave for its construction is first obtained under section 58.29.

1990, c. 7, s. 27

339. Section 109 of the Act is replaced by the following:

Approval under Navigation Protection Act

109. No approval under the Navigation Protection Act is required for the construction of any work if leave for its construction is first obtained under section 108.

R.S., c. 32 (4th Supp.)

Railway Safety Act

340. The heading before section 5 of the English version of the Railway Safety Act is replaced by the following:

RELATIONSHIP TO NAVIGATION PROTECTION ACT

341. Section 5 of the Act is replaced by the following:

Compliance with Navigation Protection Act

5. If a person proposes to construct or alter a railway work in, on, over, under, through or across any navigable water as defined in section 2 of the Navigation Protection Act, the requirements imposed by or under this Act apply in addition to, and not in substitution for, the requirements imposed by or under the Navigation Protection Act.

1998, c. 10

Canada Marine Act

2008, c. 21, s. 26

342. Section 47 of the Canada Marine Act is replaced by the following:

Navigation Protection Act

47. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 62.

2008, c. 21, s. 40

343. Section 73 of the Act is replaced by the following:

Navigation Protection Act

73. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 74.

2008, c. 21, s. 47

344. Section 101 of the Act is replaced by the following:

Navigation Protection Act

101. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 98.

2001, c. 29

Transportation Appeal Tribunal of Canada Act

2008, c. 21, s. 65

345. Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

Jurisdiction in respect of other Acts

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.01 to 129.19 of the Canada Marine Act and sections 39.1 to 39.26 of the Navigation Protection Act.

2002, c. 18

Canada National Marine Conservation Areas Act

2001, c. 26, s. 322(3)

346. Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:

Conflicts

(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigation Protection Act or the Aeronautics Act to the extent of any conflict between them.

2005, c. 37

Highway 30 Completion Bridges Act

347. Section 5 of the Highway 30 Completion Bridges Act is replaced by the following:

Application of other Acts

5. For greater certainty, nothing in this Act limits the application of the Navigation Protection Act or any other Act of Parliament in respect of the construction and maintenance of the bridges and ancillary works authorized by this Act.

2004, c. 15

Related Amendment to the Public Safety Act, 2002

348. Section 94 of the Public Safety Act, 2002 is repealed.

Coordinating Amendments

2012, c. 19

349. (1) In this section, “other Act” means the Jobs, Growth and Long-term Prosperity Act.

(2) On the first day on which both section 87 of the other Act and section 316 of this Act are in force,

(a) section 58.301 of the National Energy Board Act is replaced by the following:

Power lines not works

58.301 Despite the definition “work” in section 2 of the Navigation Protection Act, neither an interprovincial power line in respect of which an order made under section 58.4 is in force nor an international power line is a work to which that Act applies.

(b) subsection 58.304(1) of the National Energy Board Act is replaced by the following:

Existing terms and conditions

58.304 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before the coming into force of this section, imposed under section 58.29 or 108, as that section read from time to time before the coming into force of this section — or imposed by the Minister of Transport under the Navigation Protection Act — apply as if they were terms and conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.

(3) If section 87 of the other Act comes into force before section 338 of this Act, then that section 338 is repealed.

(4) If section 87 of the other Act comes into force on the same day as section 338 of this Act, then that section 338 is deemed to have come into force before that section 87.

(5) On the first day on which both section 91 of the other Act and section 316 of this Act are in force, section 111 of the National Energy Board Act is replaced by the following:

Pipeline not work

111. Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

(6) If section 91 of the other Act comes into force before section 339 of this Act, then that section 339 is repealed.

(7) If section 91 of the other Act comes into force on the same day as section 339 of this Act, then that section 339 is deemed to have come into force before that section 91.

(8) On the first day on which both section 116 of the other Act and section 316 of this Act are in force, the definition “navigable water” in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

“navigable water”
« eaux navigables »

“navigable water” has the same meaning as in section 2 of the Navigation Protection Act;

(9) On the first day on which both section 119 of the other Act and section 316 of this Act are in force,

(a) section 5.013 of the Canada Oil and Gas Operations Act is replaced by the following:

Pipeline not work

5.013 Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

(b) section 5.015 of the Canada Oil and Gas Operations Act is replaced by the following:

Existing terms and conditions

5.015 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.