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The Navigable Waters Protection Act:
Docks and
Boathouses
 This
brochure outlines the specific standards and criteria under which Transport
Canada considers a dock or boathouse 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
^
Dock: includes a wharf, pier or jetty.
Boathouse: a structure built fully or partially over a waterway for the housing
or storage of boats.
Navigation channel: includes a charted channel, buoyed channel or channel
regularly used based on local knowledge.
When is a dock or boathouse not considered a minor work?
A dock or boathouse project meeting any of the following criteria and standards
is not considered a minor work and requires the submission of an application for
review and approval under the NWPA:
- The dock or boathouse extends beyond existing adjacent docks;
- The dock or boathouse is associated with other proposed works including, but
not limited to, launch ramps, breakwaters, landfill, dredging, and marinas;
- The dock or boathouse (including anchors, piles, deck, etc.) is located
closer than 5m to your adjacent property boundaries, and property line
extensions;
- OR is located less than 10m away from any existing dock, boathouse, or other
structure located within the limits of the waterway;
- The dock or boathouse is used for floatplanes.
When is a dock or boathouse considered a minor work?
A dock or boathouse project meeting all of 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 dock or boathouse (including, anchors, piles, deck, etc.), is located 5m
or more inside of your adjacent property boundaries and property line
extensions;
2. AND is located more than 10m or more away from any existing dock, boathouse
or other structure within the limits of the waterway;
3. The seaward extremity of the dock is a minimum of 30m away from any
navigation channel.
NOTE: Strict adherence to this policy is mandatory. In addition, other situations may
arise that prevent the application of this policy to a specific dock or
boathouse project.
You should note that other laws and regulations may be applicable to your dock
or boathouse 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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