Emergency Works

In urgent or unexpected situations, the Canadian Navigable Waters Act (CNWA) allows for proponents to seek an emergency authorization. However, these authorizations must meet the criteria specified in the Act.

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What is an emergency work under subsection 10.4(1) of the CNWA?

An emergency work, as defined by the CNWA, is any significant project in or around a navigable waterway (other than a minor one) that the Minister approves to address an urgent situation. These situations can include:

  • A national security issue;
  • A declared national emergency under the Emergencies Act; or
  • An emergency that:
    • Risks public health, safety, the environment, or property; or
    • Disrupts society or the supply of essential goods, services, or resources

Transport Canada may approve emergency projects and their plans if they decide it’s appropriate. Transport Canada will conduct an assessment based on the criteria above.

Other processes for reviewing works

Some steps needed to review projects and give approval under the CNWA—such as submitting information, publishing notices, and assessing environmental impacts—could delay Transport Canada’s ability to protect public safety. Because of this, these steps might not be required during an emergency.

When is it determined that the work meets the definition of an emergency work?

Some examples of possible situations where an emergency work authorization may be appropriate includes:

  • Repairs to a bridge piles/piers that are failing due to ice, severe weather damage or an accident (e.g., vehicle collision);
  • Unplanned repairs to a water treatment plant or fire suppression system intake where access to water supply is critical to the health and safety of the local population;
  • A collapsed culvert, bridge or trestle;
  • Cables attached to a bridge or other structure used to hold a capsized vessel while salvage or cleanup operations are undertaken;
  • Severe obstruction to marine aerodromes, or closure of main marine channels; and/or
  • Major marine pollution spills requiring structures in support of cleanup activities.

There are other cases where a Transport Canada Officer may decide to authorize emergency works. The Officer may follow up with these authorizations and may also prescribe terms and conditions that must be complied with.

These follow-up requirements are identified based on whether the emergency work is a:

  1. Temporary work located on either a scheduled or non-scheduled navigable water;
  2. Permanent work located on either a scheduled or non-scheduled navigable water;
  3. Major work (any navigable water);
  4. A combination of a temporary work and either a permanent work on a scheduled navigable water or a major work.

Steps for seeking an authorization for an emergency works

  1. Call or email the TC office of your region to submit the information related to the emergency work.
  2. Work may proceed without authorization if the work is:
    • Not within the Navigation Protection Program (NPP) mandate;
    • Located on a non-navigable body of water;
    • Not interfering with navigation;
    • A minor work.
  3. TC will request the following mandatory emergency work authorization information (verbally or in writing):
    • Description of emergency nature;
    • Why work is required;
    • Location, legal land, coordinates, etc.;
    • Detail description of work.
  1. Work may proceed with authorization as long as:
    • Description of terms and conditions in the authorization are complied with; Please note a follow-up inspection may be planned during or after construction.

Emergency Works Fact Sheet
(PDF, 200 KB)

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