A “work” is any structure, device, or other thing whether – temporary or permanent, that is human made. This includes a structure, device or other thing used to repair or maintain another work. A work also includes dumping of fill, excavating or dredging material from the bed of any navigable water. A proper understanding of the different categories of works will allow for better anticipation of the associated requirements and fees.
Minor works
The Minor Works Order governs works that may slightly interfere with navigation. Owners of minor works don’t have to apply to Transport Canada if they meet certain criteria.
But, if your proposed work falls into one the following classes of minor works, you must provide information and publish a public notice.
Minor works that require deposit of information and publication of a public notice include:
- erosion-protection works
- aerial cables
- submarine cables
- buried pipelines
- outfalls and water intakes
- dredging
- watercourse crossing
For more information, sign in to the Navigation Protection Program (NPP) External Submission Site to access the Project Review Tool.
Major works
Owners of major works that may interfere with navigation must apply to Transport Canada. The following classes of works established in the Major Works Order are designated as likely to substantially interfere with navigation on any navigable water:
- water control structures
- bridges
- ferry cables, excluding the replacement of existing ferry cables
- causeways
- aquaculture facilities
Categories of works
Category 1
Low complexity works that don’t meet the criteria to be considered a minor work. These are often structures for homeowners or cottagers like rafts, boathouses, or recreational slipways/boat-launching ramp or multi-works projects with several identical small works close to each other like helicopter logging, or scientific equipment.
List of work types category 1
- boathouse
- boat lift
- dock – recreational
- fountain
- helicopter logging area
- mooring system
- raft
- scientific equipment
- slipway and boat-launching ramp – recreational
- swimming area
Category 2
Other low complexity works like dredging, aerial cable, aquaculture facility (other than finfish), and commercial dock (jetty, pier, wharf).
List of work types category 2
- aerial cable
- aquaculture facility – specifies other than finfish
- cofferdam
- culvert
- dock – commercial (jetty, pier, wharf)
- dredging
- dumping site
- embankment
- environmental or fish habitat compensation installation (artificial reef, fishway)
- erosion protection installation (bern, groyne, riprap)
- fence (counting fence)
- fish trap
- floating park
- geotechnical testing installation
- geothermal loop
- log dumping area
- aquatic sports utilities installations (aquatic sports jump, water ski course)
- outfall
- platform (scaffolding)
- retaining wall
- rock reinforcement
- shore laying
- silt curtain
- slipway and boat launching ramp - commercial
- spillway
- stilling well
- submarine cable
- walkway
- water filtration system
- water intake
- winter road crossing or ice bridge
Category 3
High complexity works like aquaculture facility - finfish, bridge and terminal.
List of work types category 3
- aquaculture facility – finfish
- artificial island
- boom and barrier (debris boom, ice boom, log boom, protective barrier, safety boom)
- breakwater (floating breakwater)
- bridge
- building (floating building, heliport or landing pad, observation tower)
- canal
- causeway
- dam
- dolphin
- drilling platform (oil production platform)
- dyke
- ferry cable
- harbour
- infill
- lock
- marina
- mooring facility
- pilings
- pipeline
- power project (hydroelectric station, tidal turbine, wind turbine)
- scuttled vessel
- spud barge
- terminal (deep water terminal, ferry terminal)
- tunnel (underwater corridor)
- water control structure (water diversion)
- weir (fish weir, submerged weir)
Emergency works
An emergency work is a work (that is not a minor work) in, on, over, under, through or across any navigable water that has had its construction, placement, alteration, rebuilding, removal or decommissioning authorized by the Minister of Transport to immediately respond to:
- a matter of national security;
- a national emergency or an emergency that poses a risk to public health, safety, environment or property; or
- threatens to cause social disruption or a breakdown in the flow of essential goods, services or resources.
The Minister may issue an approval for the authorized emergency work, if the circumstances are appropriate.
Exemptions
The Canadian Navigable Waters Act prohibits some activities that may interfere with navigation on navigable waters including throwing or dumping material into a navigable water or activities that lower the water level of a waterway so that navigation is impossible. Submitting an application for Canadian Navigable Waters Act exemptions from prohibited activities can lead to an Order in Council.
The Governor in Council can issue an exemption to the body of water from the application of these prohibitions, if they believe it’s in the public interest. You can apply for an exemption to go forward with one of these prohibited activities.
Transport Canada manages the process of applying for an Order in Council. If you want to apply for an exemption, you must show why the exemption would be in the public interest.
You will need to provide all the necessary information to support the exemption, including information on all factors that affect the public interest, including:
- project description
- impacts to navigation and description of alternatives
- consultation information
- environmental assessment, and
- rationale that supports the exemption