The Canadian Navigable Waters Act (CNWA) authorizes and regulates interferences with the public right to navigation. The Act’s main goal is to regulate works and obstructions that may interfere with navigation in Canada’s navigable waters.
The Navigation Protection Program (NPP) is responsible for administering and enforcing the CNWA. The program’s services are delivered through Transport Canada’s regional offices located across Canada.
The Navigation Protection Program receives applications, does assessments, and issues approvals to construct or place works in navigable waters. These works can range from private installations on recreational waterfront property to large-scale international mining operations.
On this page
- Get the facts!
- Who is this guide for?
- Do I need to apply?
- How do I apply?
- What will Transport Canada do?
- What might be the outcome?
- Additional Information
- Related links
Get the facts!
It is important for any person or organization that wants to build or place works in, on, over, under, through or across Canada’s navigable waters to have all the facts. Understanding the law and your obligations can help you avoid costly errors and delays.
The Navigation Protection Program offers pre-submission services, which provide support and guidance to proponents (people or groups that want to build something) on requirements, processes and procedures under the Canadian Navigable Waters Act. Proponents must seek out these services before submitting a complete application for approval.
Please review this guide, visit the Navigation Protection Program or consult the Canadian Navigable Waters Act to under understand the requirements and the potential impacts of your work. If you still aren’t sure about the specific requirements you must meet, contact your local Navigation Protection Program office.
Who is this guide for?
This guide will help you assess whether you need to notify the Navigation Protection Program about your proposed or existing work. This guide explains how to prepare your application where one is required. Submit your application online via our external submission site.
Please note, this guide provides a general outline of the process and requirements for an application. It doesn’t replace professional services (where needed) in preparing the mandatory material.
If there’s a difference between this guide and the Canadian Navigable Waters Act, the Act and its regulations take precedence.
Definitions
Under the Act, a “work” is any structure, device or other thing (temporary or permanent) made by humans, including a structure, device or other thing used to repair or maintain another work. A work also includes dumping fill and excavating or dredging material from the bed of any navigable water.
Under the CNWA, a work’s “owner” is the person who owns a work, or the person believed to own a work, or the owner’s agent or mandatary (a person who has the power to execute business for another under a given authorization). It includes a person who possesses or claims ownership of a work and a person who is authorized or otherwise responsible for constructing, placing, altering, rebuilding, removing, decommissioning, repairing, maintaining, operating, using or the safety of the work. It includes a person who proposes to construct or place a work.
Cost recovery
Transport Canada charges services fees for assessing and processing applications for approvals of works or applications for exemptions from prohibited activities. Please visit Apply to the Navigation Protection Program for more information.
Do I need to apply?
If you own or propose to construct, place, alter, rebuild, remove or decommission works that are in, on, under, through or across any navigable water listed in the Canadian Navigable Waters Act, you may be required to apply to Transport Canada. The schedule includes a list of waterways that are usually Canada’s busiest waterways. They can generally be accessible by ports and marinas and are often close to highly populated areas.
If you own or propose to construct, place, alter, rebuild, remove or decommission works that are in, on, under, through or across any navigable water not listed in the Canadian Navigable Waters Act Schedule, you are required to follow the public resolution process.
The Navigation Protection Program administers and processes applications. The Minister of Transport has the authority to issue terms and conditions with an approval.
Repairs
Repairing and maintaining works doesn’t need be approved under the CNWA. However, if a new work (even a temporary one) will be built to complete the repair, the owner of the works has to provide information specified by the Minister and publish a public notice regarding the new work.
Change
If, at any time, an owner makes a material change to the work or to the method of its construction, placement, alteration, rebuilding, removal or decommissioning, the owner must either make a new application or deposit new information and publish a new notice.
Prohibition
An owner cannot construct, place, alter, rebuild, remove or decommission a work that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question.
Minor works in any navigable water
The Canadian Navigable Waters Act gives the Minister of Transport the ability to make orders. The Minor Works Order allows for specific works to be built, without review or approval, if they meet the criteria for the applicable class of works as well as specific terms and conditions.
If the proposed work is one of the following types of minor works, the owner must provide information and publish a public notice, pursuant to the Minor Works Order:
- erosion-protection works
- aerial cables
- submarine cables
- buried pipelines
- outfall & water intakes
- dredging
- watercourse crossings
Owners are required to notify the Canadian Coast Guard, in writing, at least 48 hours before beginning a project, to inform them of the expected start date. This applies for all minor works, including those that do not require a public notice and deposit of information.
The owner is responsible for assessing the work and making sure that it meets all the established criteria and requirements under the Canadian Navigable Waters Act.
Please note — If your work doesn’t meet the criteria for a Minor Works Order, you must submit an application if your work is located on a scheduled navigable water (see “Do I need to apply?”). The Navigation Protection Program must approve your application before you start constructing, placing, altering, rebuilding, removing or decommissioning the work.
For more information, please consult the Minor Works Order Questions & Answers.
Major works in any navigable water
Application and deposit/notice
An owner who proposes to construct, place, alter, rebuild, remove or decommission a major work that is on any navigable water that may interfere with navigation must submit an application for an approval to the Minister and provide information about the work in locations specified by the Minister.
The owner must also publish a notice about the major work to advise interested parties that information has been posted for review. The proponent (a person or group who wants to build something) must send any comments to the Navigation Protection Program within 30 days (or as specified) of publishing the notice. After the comments have been reviewed, the Minister decides on whether to approve or deny the application.
The classes of works currently established in the Major Works Order that are likely to have a major interference to navigation:
- aquaculture sites
- bridges
- causeways
- works - water control structures
- ferry cables
Works in navigable waters listed in the schedule
Application and deposit/notice
An owner who proposes to construct, place, alter, rebuild, remove or decommission a work, other than a major work or a minor work, in a navigable water listed in the schedule and that may interfere with navigation, must submit an application for an approval to the Minister and deposit information about the work in locations specified by the Minister.
The owner must also publish a notice about the work to advise interested parties that information has been posted for review. The proponent must submit any comments to the Navigation Protection Program within 30 days (or as specified) of publishing the notice. After the comments have been reviewed, the Minister decides on whether to approve or deny the application.
Works in navigable waters not listed in the schedule
Application or deposit/notice
An owner who proposes to construct, place, alter, rebuild, remove or decommission a work, other than a major work or a minor work, in any navigable water, may submit a voluntary application for an approval to the Minister or deposit information about the work in locations specified by the Minister and publish a notice to advise interested parties that information has been posted for review (public resolution process).
The owner must send any comments to the Navigation Protection Program within 30 days of publishing the notice. If there are any written comments, the owner and the commenter must try to resolve the issue within 45 days of the end of the comment period.
If the concerns aren’t resolved within the 45 days, the commenter has 15 days to ask the Minister to make a decision whether the owner has to submit an application for an approval in relation to the work.
No interference with navigation
When an owner proposes to construct, place, alter, rebuild, remove or decommission a work in any navigable water that will not interfere with navigation, they must deposit any information specified by the Minister in any place specified by the Minister and must publish a notice.
No application for approval is required by the Minister. It is the owner’s responsibility to make sure that the work, or its construction, doesn’t interfere with navigation.
How do I apply?
Your application must be completed as required and submitted via the NPP External Submission Site. The application must include:
- completed and signed “application” form (with all mandatory fields filled in)
- map showing the location of the project
- plan view drawings (top down) with dimensions
- profile view drawings (side view) with dimensions, and
- general arrangement drawing(s)
In addition to these requirements, the application form includes a list of recommended supporting documents. Including this information may speed-up our review, particularly if there are environmental review or Indigenous consultation considerations related to the project.
This guide only covers requirements under the Canadian Navigable Waters Act. Works constructed in navigable waters may also involve other obligations under other laws.
Proponents (people or groups that want to build something) are ultimately responsible for any other required approval, including building permits, under any applicable laws—federal, provincial and municipal.
Please make sure all mandatory fields are filled and include all required documents. The system won’t submit an application if any mandatory fields are blank.
What will Transport Canada do?
When the Navigation Protection Program receives an application, it screens it to make sure that:
- the work is subject to the Canadian Navigable Waters Act
- all required information is provided, and
- the work isn’t captured under the Minor Works Order
If the application doesn’t meet these requirements, it will be rejected.
Following the initial screening, the application is assigned to a Navigation Protection Program Officer. The officer assesses the nature and degree of the potential interference. For the program, “nature” identifies the source of the interference and “degree” indicates the severity of potential navigation impacts.
The officer will look at a variety of factors, including:
- the characteristics of the navigable water in question
- the safety of navigation in that navigable water
- the current or expected navigation in that navigable water
- the impact the work could have on navigation, including as a result of its construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation or use
- the impact the work, in combination with other works, could have on navigation, if the Minister is provided with, or has, information relating to that cumulative impact
- any Indigenous knowledge that has been provided to the Minister
- any comments that are received from interested persons within the comment period
- the record of compliance of the owner under the Act, and
- any other information or factors that are considered relevant
| Step 1: Apply | Step 2: Navigation Protection Program |
Step 3: Parallel Reviews (not for all works) |
Step 4: Approval of work |
|---|---|---|---|
|
Use the Project Review Tool to determine if you need to apply for the approval. Fill in the application form completely. Submit your application online with all mandatory documents. |
The application is screened to ensure it includes all mandatory information and documents. A Navigation Protection Program Officer reviews the project for impacts to navigation; this may include on-site assessments. A Navigation Protection Program Officer may follow-up with a request for more information. |
The following processes may also be required:
|
The program may issue an approval document. The owner must meet all terms and conditions. A Navigation Protection Program Officer may inspect site for compliance. |
The Navigation Protection Program Officer may ask you to take certain actions as they complete their assessment. For example:
- provide more information
- meet the officer on the site
- publish information about your work (mandatory)
- seek input from stakeholder, and/or
- begin a parallel review process
During the assessment phase of the review, the Navigation Protection Program may develop project-specific requirements for mitigating the potential impacts to navigation. This may include terms and conditions that would be attached to any approval issued for the work. Possible compliance requirements may be identified, such as on-site inspections by Transport Canada staff during or after the work is constructed.
Please submit your application well before you want to start building or placing your work, altering, repairing/rebuilding, removing or decommissioning the work. This will give the program time to process your application.
Owners must complete this process before construction starts. Once issued, ensure that your Navigation Protection Program documents are available when asked.
What might be the outcome?
Following the assessment, there are 3 types of decisions that Transport Canada can issue:
- An approval is issued under section 7(6) of the CNWA. The Minister may issue an approval for the work, including the site and plans, if they consider it appropriate in the circumstances.
- An approval is issued under section 7(13) of the CNWA. The Minister may approve the construction, placement, alteration, removal or decommissioning of a work after it has begun or is completed, or after it has begun but is not yet completed.
- Permission to proceed with the work is denied. If the assessment finds that impacts to navigation are unacceptable, permission to proceed with the work may be denied. It may be possible for the work to be re-assessed following changes to the design of the work. The Navigation Protection Program will provide guidance. Permission may also be denied pending the outcome of other review processes (environmental review and/or Indigenous consultation). These processes are described below.
Parallel review processes
Depending on the type of project proposed, the nature and degree of impacts, and its location, the owner may have to go through one or more other review processes. These processes are referred to as parallel review processes and they often happen at the same time as the Navigation Protection Program review. Please contact your regional Navigation Protection Program office early in your project planning process for more guidance.
Other processes:
- Environmental reviews – review of potential negative environmental effects under the Impact Assessment Act (IAA); or potentially the Northern Environmental regimes
- Indigenous consultation – review of potential adverse impacts on potential or established Indigenous or Treaty Rights recognized and affirmed in Canada’s constitution, and/or
- Order in Council exemption – pursuant to CNWA subsection 24(1) for the throwing or depositing of certain material or the dewatering of a waterway
Environmental reviews
Some works may be subject to environmental assessments. These environmental reviews are required under federal or provincial legislation or land claim agreements. Transport Canada can’t issue an approval until the requirements under any applicable federal environmental impact assessment are met.
The Impact Assessment Act and its regulations establish the federal legislative basis for federal impact assessment in most regions of Canada. The Impact Assessment Agency is responsible for the Impact Assessment Act.
The Impact Assessment Agency’s mandate is to promote sustainable development by conducting federal impact assessments of major projects, like mines, ports, and dams. They do this by looking at the environmental, economic, social, and health impacts of these projects and engaging meaningfully with Indigenous Peoples and the public. Please refer to the Impact Assessment Agency of Canada (IAA) website for the requirements.
The Navigation Protection Program must know if the work is on federal lands, as specified under the section 82 of the Impact Assessment Act. If the proposed work is not a “designated projects” under the Physical Activities Regulations or designated by the Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells) and on federal lands, it may require an environmental effects evaluation. The Navigation Protection Program informs Transport Canada’s Environmental Assessment Group of all works on federal lands to make sure federal lands requirements are met.
While the Impact Assessment Act isn’t applied much in the North, impact assessments under the Northern regimes serve a similar purpose. Please consult the links below to learn more about their applicability and requirements:
- Yukon Environmental and Socio-economic Assessment Act (YESAA)
- Mackenzie Valley Resource Management Act (MVRMA)
- Nunavut Planning and Project Assessment Act (NUPPAA)
- Inuvialuit Final Agreement (IFA)
- Eeyou Marine Region Land Claims Agreement
- Nunavik Inuit Land Claims Agreement
- Labrador Inuit Land Claims Agreement
Your regional office can help you prepare your application. If you choose “unknown” as a response on your application, a NPP Officer may contact you for more information.
If an environmental review is likely necessary, you must attach a separate detailed project description, which may be combined with the required project description information.
The following is the preferred format for separate project descriptions. All of the listed elements should be covered:
- geographic and environmental setting
- land use information
- project components/structures
- project activities
- resource/material requirements
- consultations undertaken, and
- additional components
The text below will help you to determine if your work might be a designated project under the Impact Assessment Agency of Canada.
Potential requirements under the Impact Assessment Agency
On your application for approval, you’ll be asked if your project is a designated project under the Impact Assessment Agency of Canada (IAA). When a project meets the requirements of a designated project, a federal impact assessment may be required.
Designated projects—listed in the Physical Activities Regulations (aka the "Project List")—may require an impact assessment. Examples include major projects, such as certain mines, oil facilities, bridges, roads and dams. In some circumstances, the Minister may also designate projects that are not part of the Project List.
Before submitting an application to the Minister, you’re strongly encouraged to contact the Impact Assessment Agency of Canada, if it’s possible that any component(s) of the work meet the conditions of a designated project under the agency.
The Related Links section of this guide provides a link to the regulations, which includes detailed conditions and thresholds for each type of project.
Indigenous Consultation
The Government of Canada has a duty to consult, and where appropriate, accommodate Indigenous groups when it considers conduct that might adversely impact potential or established Indigenous or treaty rights. The duty stems from the Honour of the Crown and is derived from section 35 of Canada's Constitution Act, 1982, which recognizes and affirms Indigenous and treaty rights.
Order in Council exemption
Several prohibitions (bans) under the Canadian Navigable Waters Act require an Order in Council exemption:
- throwing or depositing floating materials likely to interfere with navigation in any navigable water or that flows into any navigable water (e.g., disposing waste from logging activities)
- throwing or depositing materials that will likely sink to the bottom of a navigable water where there is not a minimum depth of 36 meters of water at all times (e.g., dumping of mine tailings), and
- dewatering states that no person can take action that lowers the water level of a navigable water or any part of a navigable water to a level that extinguishes navigation for vessels of any class that navigate, or are likely to navigate, the navigable water in question
The ban of these activities applies to all navigable waters in Canada, as well as any water that flows into a navigable water.
The Governor in Council has authority to exempt waters from the use of these prohibitions, if it’s in the public interest. Extensive public and Indigenous consultations are required under this process.
Typically, Orders in Council made through the Canadian Navigable Waters Act are sought out for major resource development projects. For these projects, the first point of contact with the federal regulatory review process should be the Impact Assessment Agency of Canada. Their officers can provide an overview of all the required components.
If an Order in Council is sought to exempt a navigable body of water, and/or any water that flows into a navigable water, from the prohibitions in the Canadian Navigable Waters Act, it’s the proponent’s responsibility to compile information required to prepare the documents related to the Order in Council.
Transport Canada will develop the Minister’s recommendation (the official request for an exemption from the Minister of Transport to the Governor in Council), based on the information and evidence submitted.
For more information, see the Cabinet Directive on Regulation: Policies, guidance and tools.
Additional Information
Resources
Contact
Contact the Navigation Protection Program office in your region with any questions or concerns you may have.