Navigable Waters Act

Question 1

What is the purpose of the Navigable Waters Act?

Answer 1

• Prohibitions around construction that affects nav. waters
• regulates moving things (eg. ships)
• safety provisions and precautions
• prohibits throwing away material into navigable waters

Question 2

***What are 3 classes of Minor Navigable Waters that could get exemptions/permits?

Answer 2

1. Private Lakes
2. Artificial Irrigation Channels and Drainage Ditches
3. Minor Navigable Waters

Question 3

What is a “Work”?

Answer 3

• any proposed project that is subject to review and approval under the Canadian Navigable Waters Act
  > Any person-made structure, device or thing – temporary or permanent;
  > Any dumping of fill in navigable water, and
  > Any excavation of materials from the bed of any navigable
  water.
  > All other construction related to the project

Question 4

What is a “Work”?

Answer 4

• any proposed project that is subject to review and approval under the Canadian Navigable Waters Act

Question 5

What characteristics determine minor navigable waters?

Answer 5

• Average depth less than 0.3m
• Average width less than 1.2m
• slope no greater than than 4%
• sinuosity ratio no greater than 2
• natural in-stream obstacles

Question 6

**What does the average width and average depth have to be to meet the definition of a minor navigable water and be exempt from a permit approval?

Answer 6

• *- Average depth less than 0.3m

* *- avg width less than 1.2m

Question 7

What are the stages of review to see if something is a Minor Navigable water?

Answer 7

1. Initial Agency Review

2. Secondary Agency Review

Question 8

*What are some of the general characteristics that define a minor private lake?

Answer 8

• Area of 5 hectares or less
• All land abutting the navigable water must be owned by one person or company other than the federal or provincial government.
• No navigable waters enter or exit the lake.
• No current or past public access to the lake.
• No easements that allow access to the lake.

Question 9

*Define a minor artificial irrigation channel or drainage ditch

Answer 9

• Less than 3 m wide
• moves surface water for either agricultural
  irrigation or surface water drainage.

Question 10

*When waterways exceed 3m CNWA does permit exemption apply?

Answer 10

No

Question 11

*What is a vessel?

Answer 11

Every description of ship, boat or craft of any kind

Details:
- Without regard to method or lack of propulsion,
- Regardless of it being sea-going or in-land water,
- Includes everything forming part of the vessels machinery, tackle, equipment,
cargo, stores or ballast.

Question 12

True or false: The government defines minor works in the legislation that require no permit approvals.

Answer 12

True

Question 13

Who has decided the public has a right to float a vessel?

Answer 13

The Court