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The approval process is intended to ensure that the public's right of navigation is protected from works which might interfere with navigation, or from works which are constructed contrary to the requirements of the Act and its regulations.
Any work undertaken in a navigable waterway must receive Transport Canada's approval prior to its construction. The type of approval required and the process to be followed will vary depending on the type and complexity of the proposed work.
Once it is established that a waterway is indeed navigable, then in general there are two main types of documents which may be issued regarding a work:
- Formal Approval
- Work Assessment
The Formal Approval process is followed when the work is considered to potentially have a significant impact on navigation or when the work is specifically named within the Act. Works named within the Act are bridge, boom, dam and causeway. Work Assessment letters can be issued in the case where the work is considered to not have a significant impact on navigation.
Formal Approvals issued by the Navigable Waters Protection Division require that the work be subjected to an Environmental Assessment in accordance with the Canadian Environmental Assessment Act.
Navigability
The determination of whether or not a waterway is actually considered navigable rests solely with the Minister or his/her designated representative. For the convenience of applicants the following administrative definition is provided:
Navigable Waters include any body of water capable, in its natural state, of being navigated by floating vessels of any description for the purpose of transportation, recreation or commerce; it also includes a canal and any other body of water created or altered for public use, as well as any waterway where the public right of navigation exists by dedication of the waterway for public purposes, or by the public having acquired the right to navigate through long use.
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