Bill C-45

SUPERANNUATION

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:

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.

(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.

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

(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:

(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

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

(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.

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:

(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:

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);

(c) subsection 19(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);

(c) section 22;

(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

(c) subsections 18(1) and (2).

Transfer of Employees and Positions

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.

(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

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

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

“Minister” means the Minister of Health.

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.

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.

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 Maj-esty in right of Canada.

Consequential Amendments

Access to Information Act

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

Financial Administration Act

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

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

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

Hazardous Materials Information Review Commission

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

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

Privacy Act

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

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

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

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

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” 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

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.

(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.

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.

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:

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:

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:

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

Related Amendment to the Crown Liability and Proceedings Act

305. Subsection 28(3) of the Crown Liabil-ity and Proceedings Act is repealed.

Coming into Force

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

Division 15

Employment Insurance Act

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

(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.

(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.

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

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

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

Division 16

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):

(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):

(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:

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).

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

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:

(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

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):

(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):

(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.

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:

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

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

Navigable Waters Protection Act

Amendments to the Act

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

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:

2. The following definitions apply in this Act.

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

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

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

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

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

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

“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”, 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”, 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” 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:

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

WORKS

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.

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.

(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.

(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.

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.

(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.

(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).

(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;

(c) the current or anticipated navigation in that navigable water;

(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.

(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.

(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.

(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.

(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.

(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.

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.

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

(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.

(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.

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

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

(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.

(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.

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

(c) the amendment of the approval is in the public interest.

(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;

(c) the owner has not paid a fine or penalty imposed under this Act;

(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.

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

(c) accident or pollution incident.

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.

(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.

(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.

(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.

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

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.

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

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.

(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.

(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.

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.

(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.

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

(c) its repair, alteration or removal is in the public interest.

(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.

(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.

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

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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

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.

(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.

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.

(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

(c) the person to whom the order referred to in subsection 16(2) is given.

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

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

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.

(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.

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

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

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

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

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.

23. No person shall dewater any navigable water.

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.

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.

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

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

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;

(c) respecting the issuing, amendment, suspension and cancellation of approvals under section 6;

(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.

(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.

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

(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.

(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.

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.

(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

(c) was requested by a local authority.

(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.

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

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.

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

(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.

(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.

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

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.

(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

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

(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.

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.

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

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.

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

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

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

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

(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

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

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

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.

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

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

Proceedings

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.

(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;

(c) set out the penalty for the violation that the person is liable to pay;

(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.

(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.

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

Penalties

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

(c) the proceedings commenced in respect of the violation under section 39.11 are ended.

(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.

(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

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.

(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.

(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.

(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

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).

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

(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.

39.15 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 39.14(1).

(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

39.16 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

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.

(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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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);

(c) contravenes subsection 6(5), 9(4), 10(2) or 15(3), section 21, 22, 23 or 35 or subsection 37(1) or (2);

(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.

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

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

(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.

(5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

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

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.

(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.

(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.

(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.

(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.

(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.

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.

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.

(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.

(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.

(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 (Navi-gable Waters Protection Act) Order is repealed.

Consequential Amendments

Harbour Commissions Act

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

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.

National Energy Board Act

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

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

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

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.

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

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.

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:

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.

Canada Marine Act

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

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.

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

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.

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

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.

Transportation Appeal Tribunal of Canada Act

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

(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.

Canada National Marine Conservation Areas Act

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

(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.

Highway 30 Completion Bridges Act

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

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.

Related Amendment to the Public Safety Act, 2002

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

Coordinating Amendments

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:

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:

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:

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” 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:

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:

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.