Navigable Waters Protection Act: Erosion Protection Works - TP 14594 E

This brochure outlines the specific standards and criteria under which Transport Canada considers erosion protection projects to be “minor works” and does not require an application under the Navigable Waters Protection Act (NWPA).

These criteria are based on the terms and conditions outlined in section 2 of the Minor Works and Waters (Navigable Waters Protection Act) Order.

Failure to construct the work in accordance with the standards and criteria identified in this document and outlined in the Order as referenced in section 13 of the NWPA may result in enforcement action.

Definitions

Erosion protection work: Shoreline-stabilization, rip-rap or bank-protection works.

Shoreline stabilization: Stones, rocks, concrete, tree trunks or other materials placed in order to protect the shores of navigable waters from erosion.

Rip rap: A layer of stones or rocks placed irregularly on a slope or a bank of navigable waters in order to protect it against scouring or erosion.

Groyne or spur: A protective structure normally made of stone or concrete that extends from shore into a waterbody intended to limit movement of sediment to prevent beach material from being washed away.

When is an erosion protection project considered a minor work?

An erosion protection project meeting all of the following criteria and standards is considered a minor work and does not require the submission of an application for review and approval under the NWPA if:

1. the works are integrated with and parallel to the existing or natural shoreline or bank;
2. the base of the works is 5 metres (m) or less from the high-water mark;
3. the vertical to horizontal slope of the works from the navigable waters is greater than 33 percent;
4. the works are not associated with an existing or proposed structure, including a bridge, a boom, a dam or a road, across the navigable waters; and
5. the works do not include groynes or spurs or other devices to deflect the current.

What terms and conditions are imposed on minor erosion protection works?

For erosion protection projects determined under these criteria to be minor works, the following terms and conditions must be strictly adhered to during construction:

1. vessels shall be allowed safe access through the work site at all times and shall be assisted as necessary; and
2. if the works are in, on or under a river, a stream, a creek or similar navigable waters of a width set out in column 1 of the table, signs stating “Warning — Construction Ahead” and “Attention — Travaux de construction” that are legible from at least 50 m shall be in place, upstream and downstream from the work site, at the minimum distance set out in column 2.
   
   

Width of Waterway (metres)	Minimum Distances (metres)
< 10 m	25 m
10 m or more but less than 20 m	50 m
20 m or more but less than 50 m	100 m
50 m or more	200 m

Note

If your project involves temporary works, these works may be subject to the criteria listed in section 10 of the Minor Works and Waters Order and referenced in the Transport Canada publication Temporary Works (TP 14893).

You should note that other laws and regulations may be applicable to your project.

For more information, visit Transport Canada’s website at http://www.tc.gc.ca/marinesafety/oep/nwpp/menu.htm or call 1-877-842-5606.

A Minor Work

Historically, many projects pose no threat to the ongoing safety of navigation if positioned and constructed in accordance with specific standards and criteria. Such projects are considered by Transport Canada as minor works and, as such, no application under the NWPA will be required.

The NWPA is a federal law designed to protect the public right of navigation. It ensures that works constructed in navigable waters are reviewed and regulated to minimize the overall impact on navigation.