GEORGE V CHAP

An Act to ame nd the Navigable Waters Protection Act.

(. Assented to 24th May , 1918.

HIS MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : —

1. Paragraph (a) of section two of the Navigable Waters Protection Act, chapter one hundred and fifteen of the Revised Statutes, 1906, is repealed and the following is substitufced therefor : —

“(a) ‘work’ includes any bridge, boom, dam, aboiteau, wharf, dock, pier or other structure, tunnel or pipe, or telegraph or power cable or wire and the approaches or otherworks necessary or appurtenant thereto, or any work, structure or device, whether similar in character to the foregoing or not, which may interfère with navigation.”

2. Sections four and five of the Navigable Waters Protection Act, as enacted by chapter forty-four of the statutes of 1910, are repealed and the following are substituted therefor

“4. (1) No work shall be built or placed in, upon, over, under, through or across any navigable water unless the site thereof has been approved by the Governor in Council, nor unless such work is built, placed and maintained in accordance with plans and régulations approved or made by the Governor in Council.

“(2). The provisions of this section shall not apply to small wharves or groynes or other bank or beach protection works, or boat-houses, provided that, in the opinion of the Minister of Public Works, (a) they do not interfère with navigation, and, (6) do not cost more than one thousand dollars.

“5. (1) Any work to wThich this part applies which is built or placed upon a site not approved by the Governor in Council, or which is not built or placed in accordance with plans so approved, or which, having been so built or placed, is not maintained in accordance with such plans and régulations, may be removed and destroyed under the authority of the

Définition of “work”.

Construction of works in navigable waters subject to approval.

Small works excepted.

Removal of

unauthorized

works.

Cost of

removal,

how

rccovered.

“Owner”, définition ot.

Governor in Council by the Minister of Public Works, and the materials contained in the said work may be sold, given away or otherwise disposed of, and the costs of and incidental to the removal, destruction or disposition of such work, deducting therefrom any sum which may be reali zed by sale or otherwise, shall be recoverable with costs in the name of His Majesty from the owner ; Provided, however, that the Governor in Council may approve of works constructed, or in process of construction, on the first day of June, one thousand nine hundred and eighteen, subject to the provisions of section seven hereof, and such approval shall hâve the same effect as approval of works to be constructed.

“(2). In this section 'owner’ includes the person authorizing or otherwise responsible for the érection or maintenance of any work referred to in this section, and the actual or reputed owner or person in possession or claiming ownership thereof for the time being, and ail or any of such persons jointly and severally.”