The Canadian Navigable Waters Act (CNWA) doesn’t allow activities that could interfere with navigation, like dumping materials such as stone or sawdust into navigable waters. If you want to do something like this, you can apply for special permission (an exemption). This page explains how to prepare and submit your request.
On this page
- What is prohibited on navigable waters in Canada?
- Determining next steps
- Information requirements
- What to expect once you have submitted all documents
What is prohibited on navigable waters in Canada?
The CNWA prohibits dumping or allowing others to dump:
- Sawdust, wood scraps, bark, or waste that could interfere with navigation
- Stone, gravel, soil, ashes, or other materials that could sink to the bottom in water connected to a navigable waterway if the water is less than 36 metres deep at all times
It is also not allowed to lower the water level of a navigable waterway in a way that prevents vessels, or those likely to use it, from navigating.
For more information, please consult the Navigability Assessment Questions & Answers.
Determining next steps
Transport Canada (TC) will start reviewing your exemption application once they have received all the required information. TC may also contact you during the review if more information is needed.
Once you’ve provided everything required, the process to issue the Order in Council (OiC) will follow.
If you plan to build or place a project (other than a minor one) on a scheduled waterway or a major work under the CNWA that might affect navigation, you must apply for that separately. Visit the Apply to the NPP webpage for information on TC’s requirements relating to the approval of works.
Information requirements
The exemption process considers all relevant facts, not just those specific to navigation. TC has prepared the following list to assist proponents in developing a rationale to support their exemption application.
Project description
Describe your project in detail and include any prohibited activities. You can use the description from an environmental assessment (EA) or impact assessment (IA), and add relevant information that TC requires. Make sure to include any key maps and/or drawings.
Impacts to navigation and description of alternatives
Explain the waterway and types of vessels that may be affected by the prohibited activities. Describe how navigation might be impacted during all phases of the project—planning, construction, operation, and after the project is finished. Include any plans to fix or restore the area.
Describe possible alternatives to the prohibited activities and explain if those alternatives are not feasible. Be clear about why they won’t work.
Consultation information
Identify the stakeholders and Indigenous communities that your project will affect. Make sure to summarize their views and explain how you'll take them into account.
Describe your strategy for consulting with stakeholders and Indigenous communities about your project and the prohibited activities. Consider building on the stakeholder and Indigenous consultations for purposes of any EA or IA.
Include a summary of all the feedback (positive and negative) you've received from stakeholders and any affected Indigenous communities. Make sure to include your responses to this feedback as well. List which Indigenous groups you consulted, what concerns they raised, and how you're addressing these concerns.
Environmental assessment
Discuss the possible environmental effects of the prohibited activities and your project. Make sure to cover how big the impact may be, the size of the area that will be affected, how often the environment will change, and for how long. Make sure to include how reversible the effects may be.
Explain how your project and the prohibited activities could affect the environment, both positively and negatively. Explain what you'll do to limit any negative impact on the environment, and anything you could do to help or improve the environment.
Rationale in support of exemption
Provide the rationale in support of the issuance of an exemption to the application of the prohibitions under sections 21 and/or subsections 22 (1) or 23 (1) of the CNWA. The rationale should support your argument that allowing these activities would be in the public interest.
The rationale should include how the following factors apply to the proposed project and how any impact may be mitigated or addressed:
- Public security: any potential impacts on public security.
- Social and cultural: any potential impacts or implications for people's way of life, culture, community, political systems, well-being, personal and property rights.
- Health and public safety: any potential impacts on human, animal or plant health or safety.
- Economy: any potential impact or implications for business, consumers and jobs including impacts on affected sectors of the local and regional economies.
- Other relevant public interest impacts.
Proponents may also discuss other relevant public impact areas not previously covered, including costs or savings to government, industry, consumers and Canadians as a result of the project; legal, policy or other related impacts.
What to expect once you have submitted all documents
Our review will begin once we receive all of the information listed above. Once we've received all your documents, we'll:
- assess your application to make sure it's complete and includes all the documents we need;
- complete additional consultations as required;
- assess how your project would impact navigation;
- assess whether you need to consult and accommodate any Indigenous communities affected by the prohibited activities;
- prepare a submission and ask Cabinet to approve the exemption; and
- If the submission is approved, we will contact you to let you know, and the Order in Council will be published in the Canada Gazette, Part II.
Questions?
If you still aren't sure of your specific requirements or application for exemption process, contact the NPP office in your region.