DRAFT MINOR WORKS ORDER DISCUSSION DOCUMENT

DRAFT – FOR DISCUSSION PURPOSES ONLY RDIMS # 8427773 DRAFT MINOR WORKS ORDER DISCUSSION DOCUMENT GENERAL GUIDELINES APPLICABLE TO ALL CLASSES OF WORK...
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DRAFT – FOR DISCUSSION PURPOSES ONLY RDIMS # 8427773

DRAFT MINOR WORKS ORDER DISCUSSION DOCUMENT GENERAL GUIDELINES APPLICABLE TO ALL CLASSES OF WORKS – INCLUDING TEMPORARY WORKS Prior to Construction or Placement of All Types & Classes of Works Prior to the construction or placement of works for any class of works created under this Order, including temporary works, the owner of the work should take the following into account: (a) the characteristics of the navigable water; (b) the safety of navigation; (c) the current or anticipated navigation in that navigable water; (d) the impact of the work on navigation in that navigable water, for example, as a result of its construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation or use; and (e) the cumulative impact of the work on navigation in that navigable water. During Construction and Placement of All Classes of Works During the construction and placement of works, including temporary works, for any class of works created under this Order, the owner of the work must ensure that: (a) the work is sufficiently marked to ensure safe passage. This could mean having cautionary buoys and yellow flashing lights, if required; and (b) vessels can navigate safely through the worksite. Removal of Temporary Works The owner of the work must ensure that any temporary works are completely removed once the construction or placement of the work for which they were required is completed. Restoration of Contours The owner of the work must ensure that the contours of the bed of the navigable waters are restored to their natural state on completion of the construction or placement of the work if they were disturbed. This may be caused by: (a) the placement or construction of any class of work; and (b) the removal of the work.

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Works in Disrepair If any work established under this Order becomes a danger to navigation because of disrepair, the owner of the work must immediately repair or remove the work so that it no longer represents a danger to navigation. Safety of navigation The owner of any work established under this Order shall take all measures necessary to ensure the safety of navigation at all times, in accordance with the Act.

DRAFT MINOR WORKS ORDER The following definitions apply to this Order: “Charted navigable waters” means any navigable water for which navigation charts have been produced by the Canadian Hydrographic Service or the National Oceanic and Atmospheric Administration. “Crib” is a cellular enclosure designed to form a structure or cell to be filled with stones, concrete or similar material and used in the construction of a work. “Erosion protection works” means shoreline-stabilization or bank-protection works. “Head pond” means a reservoir of water created by the construction of a dam or weir. “Ice breaker” means a vessel that is constructed or modified for the purpose of navigating through ice, and is mainly engaged to break ice. “Length” means, in respect of a vessel, the distance between the fore and aft extremities of the vessel. “Mooring system” means a system that is used to secure a vessel. It normally consists of a device (could be an anchor, concrete block, etc) that is set in or on the bed of the navigable water, such as a single mooring line, a single buoy and a bridle attached to a vessel. “Navigation channel” means a buoyed channel or a channel that is required for navigation purposes. “Outfall” means where a swerve, drain or stream discharges into the sea, a river, or a lake. It does not include a diffuser type outfall. “Pipeline” means a conduit that contains cables or products such as gas, oil, water, sewage, etc. “Riprap” means a layer of stones or rocks placed irregularly on a slope or on the bank of the waterway in order to protect it against scouring or erosion. “Shoreline stabilization” means the placement of stones, rocks, concrete, logs or other common building materials to protect the shores from erosion. Page 2

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“Swing area” means the outermost diameter of a circle created by the swinging of a vessel moored to a mooring system. “Weir” means a low dam or barrier that raises the level or diverts the flow of navigable water.

CLASSES OF MINOR WORKS This Order establishes the following classes of Minor Works: (1) Erosion Protection Works; (2) Docks, Boat Lifts & Boathouses; (3) Boat Ramps, Slipways & Launch Ramps; (4) Aerial Cables; (5) Submarine Cables – Power & Telecommunications; (6) Pipelines Under the Bed of Navigable Waters; (7) Pipelines Under the Bed of Frozen Waters; (8) Pipelines & Cables Attached to Existing Works; (9) Works Within A Boomed-Off Area Upstream or Downstream of an Existing Work for Water Control; (10) Outfalls & Water Intakes; (11) Mooring Systems; (12) Temporary Works – Frozen Navigable Waters and (13) Dredging.

Erosion Protection Works Erosion protection works are established as a class of works for the purposes of the Act if (a) the work is designed to protect the existing or natural shoreline or bank; (b) the work does not, when measured from the ordinary high-water mark, extend horizontally into, onto, over, through or across the navigable waters more than (i) 5.0 m, if the waters do not exceed 100 m in width when measured at the ordinary high-water mark on the shore or bank side of the works and at the ordinary high-water mark on the shore or bank directly opposite from that shore or bank; (ii) 10.0 m, if the waters exceed 100 m in width but do not exceed 300 m in width when measured at the ordinary high-water mark on the shore or bank side of the works and at the ordinary high-water mark on the shore or bank directly opposite from that shore or bank, or (iii) 20.0 m, if the waters exceed 300 m in width when measured at the ordinary high-water mark on the shore or bank side of the works and at the ordinary high-water mark on the shore or bank directly opposite from that shore or bank (this should not include large woody debris, spurs or groynes). Docks, Boat Lifts & Boathouses Docks, boathouses and boat lifts are established as a class of works for the purposes of the Act if (a) the work is at least 5 m from the adjacent property boundaries and property line extensions; (b) the work is not within 30 m of a navigation channel; Page 3

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(c) the work does not block access to real or personal, or movable or immovable, property owned by a person who is not the owner of the work; and (d) the work is not used for float planes or other aircraft equipped with floats. Boat Ramps, Slipways & Launch Ramps Boat ramps, slipways and launch ramps are established as a class of works for the purposes of the Act if (a) the work is not a marine railway; (b) the work is at least 5 m from the adjacent property boundaries and property line extensions; and (c) the work does not block access to real or personal, or movable or immovable, property owned by a person who is not the owner of the work; and Aerial Cables Aerial cables across navigable waters, and all associated structures and equipment, are established as a class of works for the purposes of the Act if (a) the width of the waterway is less than 30 m when measured from the ordinary high-water mark on one side of the navigable waters to the ordinary high-water mark on the other side; (b) the work is not over or across a lake or tidal waters; (c) the work is more than 500 m from any lake or tidal waters connected to the navigable water; (d) the work is not over or across a canal that is accessible to the public; (e) the work does not include towers or poles within the area between the ordinary high-water marks on each side of the navigable water; and (f) the work meets the requirements of section 5.3.3.2 of the Overhead Systems, CAN/CSA-C22.3, as amended from time to time. During the construction or repair process, any cables that are placed in, on, over, through or across navigable waters should not be left unattended or unsupervised, unless they meet the requirements referred to in section 5.3.3.2 of the Overhead Systems, CAN/CSA-C22.3, as amended from time to time, or are temporally lying on the bed of the waters for construction or repair purposes. Submarine Cables – Power & Telecommunications Submarine cables for power or telecommunication purposes are established as a class of works for the purposes of the Act if (a) the work lies on the bed of the navigable water;

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(b) the work is more than 10 m from any dock, boathouse or boat launch whose owner has not consented to the construction or placement of the work; and (c) the work is not across the entrance of any port, including any marina. If submarine cables no longer lie on the bed of the navigable waters, the owner of the work must, as soon as feasible, (a) re-lay the work so that they lie on the bed; or (b) remove the work. Pipelines Under the Bed of Frozen Waters Pipelines that are buried under the bed of navigable waters are established as a class of works for the purposes of the Act if the works cross under the bed and the waters are frozen to such an extent that navigating by a vessel, other than an ice breaker, is not possible. Pipelines & Cables Attached to Existing Works Pipelines and cables are established as a class of works for the purposes of the Act if (a) attached to an existing work; (b) no part of the work intrudes into the safe navigation envelope, as per the approved plans; (c) the work is buried under the bed of the navigable water; and (d) the work is attached directly to the existing work by mechanical means. Works Within A Boomed-Off Area Upstream or Downstream of an Existing Work for Water Control Works within a boomed-off area upstream or downstream of an existing work for water control are established as a class of works for the purposes of the Act if (a) the existing work is considered lawful under the Act; (b) the booms are considered lawful under the Act; and (c) the work is sufficiently marked to ensure navigation safety. Outfalls & Water Intakes Outfalls and water intakes are established as a class of works for the purposes of the Act if (a) the piping of the work is no greater than 50 cm in diameter and lies on the bed of the navigable water; (b the work is not within 30 m of a navigation channel; (c) the work does not include a crib or other outfall or intake structure, such as a fish screen, an Page 5

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anchor, a collar or a weight, that extends more than 50 cm above the bed of the navigable water; and (d) the work is not associated with a dam, a weir or a headpond, including a proposed dam, weir or headpond. Mooring Systems Mooring systems are established as a class of works for the purposes of the Act if (a) the swing area of the work is not (i) within 20 m of a work, other than a submerged and/or buried work, that is not owned by the owner of the work, (ii) within 20 m of the swing area of another mooring system that meets the criteria of this order, or (iii) within 30 m of a marina, public launch-ramp, or a channel that is required for navigation; (b) the width of the navigable water, when measured from the ordinary high-water mark on one side of the water to the ordinary high-water mark on the other side, is more than 100 m; and (c) the buoy has to comply with the Private Buoys Regulations (PBR), made under the authority of the Canada Shipping Act, 2001 (CSA, 2001). The owner of the work (a) must not moor, or permit the mooring of, a vessel that is more than 12 m in length to the work; and (b) must remove the work if (i) any part of the work is removed, or (ii) during any two-year period, no vessel has moored to the work. Temporary Works – Frozen Navigable Waters Temporary works are established as a class of works for the purposes of the Act if the navigable water is frozen to such an extent that navigating by a vessel, other than an ice breaker, is not possible. The owner of the work must ensure that they are completely removed before spring breakup commences. The owner of the work must, if the contours of the bed of the navigable waters were disturbed by the construction, placement or removal of the work, ensure that the contours are restored to their Page 6

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natural state before the water thaws to such an extent that navigation by a vessel is possible. Dredging Dredging of materials from a bed of navigable waters is established as a class of works for the purposes of the Act if (a) the work consists of dredging to maintain the width or depth of the navigable water; (b) the work and associated marine equipment are not within 30 m of a navigable channel marked by the federal government, a provincial government or any agency of those governments; (c) all dredged materials are disposed of: (i) above the ordinary high-water mark, or (ii) in waters where the disposal is authorized by or under an Act of Parliament and where there is more than 20 fathoms (36.576 m) of water at all times; (d) no suction dredging is used; (e) the work has no cables that cross on, over or through any portion of the navigable waters, and (f) the work does not include blasting.

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