The Navigable Waters Protection Act:
Water Intakes - Brochure
This brochure outlines the specific standards and criteria under which Transport
Canada considers water intakes as a “minor work” and does not require
an application under the Navigable
Waters Protection Act (NWPA).
The NWPA is a federal law designed to protect the public right of navigation.
It ensures that works constructed in navigable waterways are reviewed and regulated
to minimize the overall impact on navigation.
The Act includes provisions for the removal of unauthorized works or obstructions
that render navigation difficult enough to be considered dangerous.
A Minor Work ^
Historically, many projects pose no threat to the ongoing safety of navigation
if positioned and constructed in accordance with specific known standards and
criteria. Such projects are considered by Transport Canada as a minor work
and, as such, no application under the NWPA is required.
Failure to construct the work in accordance with the standards and criteria
identified in this document may result in enforcement action.
Definitions ^
Crib: pieces of timber fixed together to form bays or cells
which are filled with stone or concrete; often used to anchor the seaward extremity
of an intake pipe.
Cofferdam: a watertight temporary enclosure, from which the
water is pumped to expose the bottom and permit the laying of, including but
not limited to, foundations, building of piers.
Berm: a temporary earthen-filled structure serving as a work
platform or vehicle access to permit construction in a waterway.
Weir: a low dam built across a stream to raise its level
or divert its flow.
Headpond: a reservoir of water created by the construction
of a dam or weir.
Navigation channel: includes a chartered channel, buoyed
channel, or regularly used channel based on local knowledge.
When is a water intake not considered
a minor work? ^
A water intake project meeting any of the following criteria and standards requires the
submission of an application for review and approval under the Navigable
Waters Protection Act (NWPA):
- The water intake includes a crib or other intake structure, including but
not limited to anchors, collars and weights, which extend more than 50cm
above the bed of the waterway;
- The seaward end of water intake is located:
- in depths less than 2.5m in uncharted waterways; or
- in depths greater than 0.5m (at chart datum) in charted waterways;
- Construction includes temporary instream works, including but not limited
to, cofferdams, berms and roads;
- The water intake is located within 50m of a navigation channel; or
- The waters intake is associated with a proposed, or existing, weir or dam
(headpond resulting from the existence or construction of a weir or dam).
When is a water intake considered a minor
work? ^
A water intake project meeting the following criteria is considered a minor
work under this policy and does not require an application
under the NWPA and the project may proceed:
- The intake pipe is less than 10cm in diameter; and
- Upon completion, all portions of the pipe (excluding the intake structure/crib)
shall lie on the bed of the waterway at all times.
Procedures during construction ^
For water intake projects determined under this criteria to be a minor work,
the following procedure shall be strictly adhered to during construction:
- Placement of any temporary floating pipes shall not be left unattended
or unsupervised at any time.
NOTE ^
Strict adherence to this policy is mandatory. In addition, other situations
may arise that prevent the application of this policy to a specific
water intake project.
You should note that other laws and regulations may be applicable to your
water intake project.
If you require further information or clarification, please contact the Navigable
Waters Protection Program Office in your area or consult
Transport Canada's website at: http://www.tc.gc.ca/marinesafety/oep/nwpp/menu.htm.
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