Navigable Waters

Last updated on November 15, 2018

The Navigation Protection Act (NPA) is an Act of Parliament that authorizes and regulates interferences with the public right of navigation. A primary purpose of the NPA is to regulate works and obstructions that risk interfering with navigation in the navigable waters listed on the schedule to the Act. The NPA also prohibits the depositing or throwing of materials that risk impacting navigation in navigable waters and the dewatering of navigable waters.

The NPA applies to industry, all levels of government, and the public—dealing with interferences to navigation or contemplating an activity impacting navigation in navigable waters.

For purposes of the NPA, a navigable water includes a canal and any other body of water created or altered as a result of the construction of any work and are those waterways where the public has a right to navigate the water as a highway.

Statute: Navigable Waters Protection Act, 1985

Relevant Section or Regulation: 5(1)6(1)6(4)10(1), 10(2)

Regulating Agency: Transport Canada - Marine Transport