Navigable Waters Bridges Regulations

Act: Navigable Waters Protection Act, R.S.C. 1985, c. N-22
Regulation: Navigable Waters Bridges Regulations, C.R.C.

To Whom Does This Apply?

Anyone who wishes to build a bridge or bridges over navigable waters.

The Regulations apply to every bridge over a navigable water construction after November 17th, 1923.

The Regulations do not apply to any bridge over a canal or over the waters of any public harbour to the extent that these Regulations conflict with any other regulations which were made or approved by the Governor in Council.

Summary

The Navigable Waters Protection Act ensures the protection of navigable waters in Canada by forbidding building or replacement works on, over, under, through or across any navigable waters (which is any water where could float a canoe -- including a canal and any other body of water created or altered as a result of the construction of any work), unless those works and the site and plans thereof have been approved by the Department of Transport, prior to commencement of construction.

The term "work" includes:

• any bridge, boom, dam, wharf, dock, pier, tunnel or pipe and the approaches or other works necessary or appurtenant thereto;
• any dumping of fill or excavation of materials from the bed of a navigable water;
• any telegraph or power cable or wire; or
• any structure, device or thing, whether or not it is similar in character to anything referred to in this definition, that may interfere with navigation.

The Navigable Waters Bridges Regulations state that:

• the plan for the construction of any bridge must be approved by the Minister;
• the owner must ensure that the bridge must be lit as prescribed by the Minister; and
• in the case of a bridge with movable spans (e.g. a bridge with a lift, draw, swing or jackknife span, among others), the owner must ensure that a responsible person trained to operate the spans is always on duty.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

New Brunswick Contact(s):
Regional Manager
Navigable Waters Protection Program
Transport Canada
45 Alderney Drive
Queen's Square, 11th floor
P.O. Box 1013
Dartmouth, Nova Scotia  B2Y 4K2
Telephone: 902-426-2726
Fax: 902-426-7585
TTY Toll-free (hearing impaired): 1-888-675-6863
E-mail: nwpdan@tc.gc.ca
Web site: http://www.tc.gc.ca/marinesafety/oep/nwpp/framework.htm

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National Contact(s):
Ms. Debbie Cecil
Chief
Corporate Secretariat
Transport Canada
26th Floor, Tower C
Place de Ville
330 Sparks Street
Ottawa, Ontario  K1A 0N5
Telephone: (613) 991-6540
E-mail: cecild@tc.gc.ca
Web site: http://www.tc.gc.ca/en/menu.htm