Minor works rules for navigable waters

Summary#

The Minor Works Order: SOR/2021-170 is a federal order under the Canadian Navigable Waters Act that defines which small structures and activities on navigable waters count as “minor works” and sets rules they must follow. It came into force when registered on June 29, 2021 and was published in the Canada Gazette on July 21, 2021.

What it does#

• Sets out classes of works that are treated as minor (so owners can usually proceed without a Transport Canada approval if they meet the rules).
  • Examples include docks and boathouses, slipways and ramps, aerial and submarine cables, buried pipelines, erosion-protection, dredging, mooring systems, outfalls and intakes, and more.
• Adds 3 new types of minor works: watercourse crossings, swim areas, and scientific equipment.
• Gives size, placement and safety limits for these works (for example distances from property lines or navigation channels, and limits on how far a structure can extend into the water).
• Introduces a deposit-and-notice requirement for 7 kinds of work: erosion-protection; aerial cables; submarine cables; buried pipelines; outfalls and water intakes; dredging; and watercourse crossings. Owners must add basic project information to Transport Canada’s public registry and publish a notice online before starting, unless the project already went through another federal or provincial review.
• Requires owners to notify a Canadian Coast Guard Marine Communications and Traffic Services centre at least 48 hours before starting work in charted navigable waters, and to notify the Canadian Coast Guard and the Canadian Hydrographic Service when the work is finished.
• Sets basic on-site safety and visibility rules during work (e.g., buoys, lights or other markers so vessels can navigate safely).
• Includes requirements to restore or remove cables, pipelines or disturbed bed contours if they become hazards to navigation.

Who's affected#

• Owners and builders of small shoreline and in-water structures: private dock and boathouse owners, marinas, cottages and some commercial piers.
• Utilities and telecoms that install aerial, submarine or buried cables and pipelines.
• Companies or contractors that do dredging, install outfalls or water intakes, or place erosion protection.
• Local authorities, municipalities and groups that set up swim areas or mooring systems.
• Scientific researchers who deploy monitoring equipment in waterways.
• Boaters, fishers and other water users who share the waterways and could encounter these works.
• Indigenous communities and rights-holders who may be affected by access changes or bed disturbance (the order adds notification steps intended to improve awareness).

If a proposed work does not meet the order’s conditions, the owner would need to seek the usual Transport Canada approval instead.

Why it matters#

• It reduces paperwork for many small, low-risk projects by saying when they are “minor” and what standards they must meet to proceed. That can save time and cost for property owners and operators.
• It keeps navigation safety rules in place (visibility, marking, limits on how far structures extend), so boaters are less likely to run into hazards.
• The new deposit and public-notice steps are meant to give local communities, Indigenous groups and other water users earlier warning about works that could affect access or the seabed.
• The order helps Transport Canada focus formal reviews on bigger or riskier projects, while giving clearer, updated guidance for common small works.