Overall
In 2009, the Minor Works and Waters Order came into force. The objective of the Order was to allow for projects that include works built in waters deemed minor in nature to be exempt from the application requirements under the Navigable Waters Protection Act (NWPA). In 2010, Transport Canada initiated a process to convert the Ministerial Order into regulations which included expanding the scope as set out in the Order.
As part of a broad redesign of the Navigable Waters Protection Program, which includes legislative amendments in the fall of 2012, an expanded Minor Works Order will be introduced in the spring of 2013. The Order will include not only criteria for permanent works; it will also include specific criteria for the construction and ongoing maintenance and repairs for the life of these works.
The following describes the categories of works deemed minor, identifies whether they were included in the 2009 Order or are new categories, and summarizes the expansions planned for implementation in 2013.
Erosion Protection Class (Amendments)
The erosion protection class was included in the 2009 Order and includes shoreline-stabilization, riprap or bank-protection works.
The proposed amendment includes an allowance for maximum encroachment into the waterway and for embedded outfall proportionate to the waterway's width: i.e. wider waterway, greater encroachment and outfall. This will provide for additional navigation protection in smaller waters and safe access past the construction zone. As well, the proposed changes will not allow for any type of construction to take place in the middle of the primary channel of the waterway.
Docks and Boathouses Class (Amendments)
The 2009 Order for docks and boathouses covered wharfs, piers and jetties that prescribed a minimum distance from navigation channels and were similar in length to structures built in adjacent lots.
The proposed amendment to the docks and boathouses class changed wording for clarity. Changes provide for works to be built closer to navigation channels, allow for multiple works at one site and permit docks and boathouses to extend as far as similar structures built in proximity as opposed to adjacent.
Winter crossing (no changes)
Winter crossings are defined as temporary bridges, ice bridges or similar structures intended to facilitate the movement of vehicles and equipment. Crossings built or placed on, over or across navigable waters that are frozen to such an extent that navigating by a vessel other than an ice breaker is not possible were established as a class of minor works.
Boat Ramps, Slip-Ways and Launch Ramps (New)
A new class dealing with boat ramps, slip-ways and launch ramps is being introduced. Past experience has demonstrated that these works represent minor to no impact to navigation as long as they don't block access to other structures not owned by the proponent and are built a safe distance from adjoining properties.
Aerial Cables – Power and Communications (Amendments)
A category for aerial cables that consist of power lines and all communication cables, and the associated structures and equipment was included in the 2009 Order.
The proposed amendments require that the works be properly maintained during their lifetime, along with additional requirements for safety of navigation during installation. Possible exclusions will be allowed within a certain range from any navigable lake or tidal waters that the crossing site is connected to. As well, it will be mandatory to adhere to the Canadian Standards Association Overhead Line Height Standards.
Submarine Cables (Amendments)
A category for submarine cables that consist of power lines and all communication cables was included in the 2009 Order.
The proposed amendments will include allowance for an increased use of the class, as well as allowing the placement of cables closer to existing works (docks, etc.) with the owner's permission. Charted waters will continue to require individual applications to be made to Transport Canada. The new provisions will require all submarine cables to lie on the bed, which means that contact with the bed must be maintained at all times.
Pipelines – Frozen Waters (New)
This new class is being introduced and should have no impacts on navigation as it focuses on the construction of works that takes place during periods the water is frozen. It will only apply to smaller pipelines that do not cross provincial or international boundaries, such as sewer lines or smaller gas distribution lines.
Pipelines – Low Water Levels (New)
This new class for waters at a temporary low level requires that the width of water be not likely navigable at the time of construction. It offers a 2 week construction window. Provisions to require a temporary works protection of navigation and the restoration of the stream bed will be included. It will only apply to smaller pipelines that do not cross provincial or international boundaries such as sewer lines or smaller gas distribution lines.
Pipelines – Uncharted Waters (Amendments)
This category provides allowances for pipelines that are buried beneath the bed of navigable waters and that cross a body of water (excludes pipelines that run along water bodies).
The proposed amendments will be limited to uncharted waters and to waters of 50 meters in width for trenched pipelines. The width for pipelines built using Horizontal Directional Drilled has no limits to width. New provisions will require safe access and marking requirements to ensure protection of navigation and the restoration of the water bed if required. It will only apply to smaller pipelines that do not cross provincial or international boundaries such as sewer lines or smaller gas distribution lines.
Outfalls and Water Intakes (Amendments)
In the 2009 Order, only water intakes were defined as a minor work.
The proposed amendments will add small outfalls and exclude diffuser-style outfalls. The changes also diminish the minimal distance from the navigation channel, and require safe access for vessels during the construction.
Dredging (Amendments)
This category was included in 2009 as long as: it consisted of regular maintenance around docks, retaining walls, marina basins or other structures; it was located more than 30 meters from a navigation channel; dredged materials were disposed of above the high water mark or in authorized waters; it did not plan for suction dredging or blasting. It provides for safe access for navigation during dredging.
The proposed amendments will allow works to occur closer to buoyed channels and in entrance channels. It will also specify that the water bed must be contoured to prevent hazards to navigation from dredging.
Mooring Systems (New)
This new class is being proposed to address stakeholder interest as a means to balance installations with navigation safety and navigation access. The conditions for allowance namely include buffer zones for unobstructed access around and through the systems, which prevents high density installations, and varying and fluctuating water depth. Additionally, it requires that the system be removed if it is not used for a couple of years or is not properly maintained.
Temporary Works – Frozen Waters (Amendments)
Temporary works that are required for the construction or placement of works of a class established by any of other minor works previously defined were considered as minor works in the 2009 Order.
The proposed amendment serves to clarify the frozen waters, icebreaking and type of vessel that would be capable of using waters in non frozen conditions. The Order prohibited application of this class if icebreakers could use the waters – now we allow work if icebreaking does not take place. A new provision will require the restoration of the water bed.
Temporary Works – Waters at Low Level (New)
This new class of minor works allows new temporary works to be built in waters not likely navigable at the time of the work. Restrictions are provided that a 2-week installation period be respected and that the contours be restored if disturbed.
Minor Repairs (New)
This new class of minor works is being proposed to address concerns from builders that are responsible for all types of repairs and maintenance to existing infrastructure. It would provide allowance for repairs and maintenance that have no impact on the navigation envelope and/or the navigation channel such as top side repairs of a bridge.
October 2012
