The Navigable Waters Protection Act:
Pipeline Crossings - Brochure

This brochure outlines the specific standards and criteria under which Transport Canada considers pipeline crossings 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 ^

Soffit: the lowest elevation of the under-surface of a bridge.

Pipeline: long underground pipe conveying gas, liquids (including but not limited to oil, water or effluent) or cables (including but not limited to hydro or communications).

When is a pipeline crossing not considered a minor work? ^

A pipeline crossing 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):

1. Where the proposed pipeline:
   
   
   • is regulated by the National Energy Board (NEB);
     
     
   • is located on a charted waterway;
     
     
   • is suspended across or over navigable waters;
     
     
   • requires the placement of temporary bridges or temporary cables not lying on the bed, to facilitate the construction, testing, alteration or repair of a pipeline;
     
     
   • if affixed to an existing bridge, reduces the existing vertical or horizontal navigation clearances; or
     
     
2. If the width of the waterway at the crossing location exceeds 50m.

When is a pipeline crossing considered a minor work? ^

A pipeline crossing 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:

1. The pipeline crossing must be buried beneath the bed of the waterway.

Procedures during construction ^

For pipeline crossings determined under this criteria to be a minor work, the following procedures shall be strictly adhered to during construction:

1. Temporary "Warning – Pipeline Construction Ahead" signs must be placed upstream and downstream of the construction site in accordance with the minimum distances outlined in the table below:
   
   

   Width of Waterway (metres)	Minimum Distances (metres)
   <10m	25m
   10m-20m	50m
   20m-50m	100m

   
   
   • the warning signs must be posted during all periods of instream activity;
     
     
   • the warning signs must be legible at a minimum distance of 50m; and
     
     
   • directionally-drilled pipelines are excluded from the signage requirements;
     
     
2. Navigation shall be allowed safe access through the construction site at all times, and assisted, if necessary;
   
   
3. The bed of the waterway shall be restored to its natural contours immediately upon completion of the pipeline crossing; and
   
   
4. Instream temporary works (excluding bridges and cables required to facilitate the construction of the pipeline) shall be:
   
   
   • marked with yellow flashing lights from dusk to dawn, or during periods of restricted visibility; and
     
     
   • completely removed upon completion of the project.

NOTE ^

Strict adherence to this policy is mandatory. In addition, other situations may arise that prevent the application of this policy to a specific pipeline crossing project.

You should be aware that other laws and regulations may be applicable to your pipeline crossing 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.