CHAPTER 114.

An Act respecting aid by United States Wreckers in Canadian Waters.

1. This Act may be cited as the United States Wreckers Act. Short title.

2. United States vessels and wrecking appliances may salve Privilege any property wrecked, and may render aid and assistance in- granted. cluding all necessary towing incident thereto to any vessels wrecked, disabled, or in distress, in the waters of Canada contiguous to the United States. 55-56 V., c. 4, ss. 1 and 2.

coasting

3. Nothing in the Customs or coasting laws of Canada shall Customs and restrict the salving operations of such vessels or wrecking laws. appliances. 55-56 V., c. 4, s. 3.

4. This Act shall cease to be in force from and after a date Duration of Act. to be named in a proclamation of the Governor General which may be issued after he is advised that the reciprocal privilege with respect to Canadian vessels or wrecking appliances salving any property wrecked or aiding any vessels wrecked, disabled or distressed in United States waters contiguous to Canada has been withdrawn, revoked or rendered inoperative. 55-56 V., c. 4, s. 5.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

2123

CHAPTER 115.

An Act respecting the Protection of Navigable

Waters.

SHORT TITLE.

1. This Act may be cited as the Navigable Waters' Protec- Short title. tion Act.

PART I.

INTERPRETATION.

2. In this Part, unless the context otherwise requires,-
(a) 'work' includes any bridge, boom, dam, aboiteau, wharf,
dock, pier or other structure, and the approaches or other
works necessary or appurtenant thereto;

(b) 'lawful work' means any work not contrary to the law
in force at the place of the construction thereof at the time
of such construction. R.S., c. 92, s. 1.

APPLICATION.

Definitions.

3. Except so much of this Part as relates to rebuilding or Application. repairing any lawful work, nothing hereinafter in this Part contained shall apply to any work constructed under the authority of any Act of the Parliament of Canada or of the legislature of the late province of Canada, or of the legislature of any province now forming part of Canada, passed before such province became a part thereof. R.S., c. 92, ss. 8 and 10.

GENERAL.

bridges,

4. No bridge, boom, dam or aboiteau shall be constructed so Construcas to interfere with navigation, unless the site thereof has been tion of approved by the Governor in Council, nor unless such bridge, booms, etc., boom, dam or aboiteau is built and maintained in accordance regulated. with plans approved by the Governor in Council. R.S., c. 92,

8. 2.

5. Any bridge to which this Part applies, which is built Removal of upon a site not approved by the Governor in Council, or which

bridge un

lawfully built.

Bridges

prior to 17th

is not built in accordance with plans so approved, or which, having been so built, is not maintained in accordance with such plans, may, in so far as the same interferes with navigation, be lawfully removed and destroyed under the authority of the Governor in Council. R.S., c. 92, s. 3.

6. The provisions of the two sections last preceding shall May, 1882, not affect any bridge constructed before the seventeenth day of maintained. May, one thousand eight hundred and eighty-two, which hereafter requires to be built or repaired, if such bridge, when so rebuilt or repaired, does not interfere to a greater extent with navigation than on the said day or theretofore. R.S., c. 92,

`Deposit of plans with

of Public Works.

s. 4.

7. The local authority, company or person proposing to conthe Minister struct any work in navigable waters, for which no sufficient sanction otherwise exists, may deposit the plans thereof and a description of the proposed site with the Minister of Public Works, and a duplicate of each in the office of the registrar of deeds for the district, county or province in which such work is proposed to be constructed, and may apply to the Governor in Council for approval thereof.

Notice of deposit.

Approval of
plans by
Governor in
Council.

Rebuilding

and repairing.

Regulations

in Council.

2. Such local authority, company or person shall give one month's notice of the said deposit of plans and application by advertisement in the Canada Gazette, and in two newspapers published in or near the locality where such work is to be constructed. R.S., c. 92, s. 5.

8. Any local authority, company or person may proceed in like manner to obtain the approval by the Governor in Council of the site and plans of any work constructed prior to the first day of March, one thousand eight hundred and ninety-nine. 62-63 V., c. 32, s. 1.

9. Any lawful work may be rebuilt or repaired if the interference with navigation is not increased by such rebuilding or repairing. R.S., c. 92, s. 8.

REGULATIONS.

10. The Governor in Council may make such orders or reguby Governor lations as he deems expedient for navigation purposes respecting any work to which this Part applies or of which the plan and site are approved under any Act of the Parliament of Canada.

Local

authority subject thereto.

No bridge over St. Lawrence river.

2. The local authority, company or person constructing, owning or in possession of any such work shall be subject to such orders or regulations. R.S., c. 92, s. 11.

11. No approval shall be given under this Part of the site or plans of any bridge over the river St. Lawrence. R.S., c. 92, s. 7.

12. Parliament may, at any time, annul or vary any order Parliament of the Governor in Council made under this Part.

may annul.

fringement.

2. Any action of Parliament in that behalf shall not be No indeemed an infringement of the rights of the local authority, company or person concerned. R.S., c. 92, s. 9.

6

PART II.

INTERPRETATION.

13. In this Part, unless the context otherwise requires,-
(a) Minister' means the Minister of Marine and Fisheries;
(b) vessel' includes every description of ship, boat or craft
any kind, and whether propelled by steam or otherwise,
and whether used as a sea-going vessel or on inland waters
only;
(c) owner' means the registered or other owner at the time
any wreck, obstruction or obstacle, as is in this Part
referred to, was occasioned, and also includes subsequent
purchaser. R.S., c. 91, s. 1; 60-61 V., c. 23, s. 1.

Definitions.

GENERAL.

obstruction

14. If the navigation of any navigable water over which Notice to the Parliament of Canada has jurisdiction is obstructed, Minister of impeded or rendered more difficult or dangerous by the wreck, to navigasinking, lying ashore or grounding of any vessel or part thereof tion. or other thing, the owner, master or person in charge of such vessel or other thing, by which any such obstruction or obstacle is caused, shall forthwith give notice of the existence thereof to the Minister or to the collector of Customs at the nearest or most convenient port, and shall place and, as long as such obstruction or obstacle continues, shall maintain, by day, a sufficient signal and, by night, a sufficient light to indicate the position thereof. R.S., c. 91, s. 2.

obstruction.

15. The Minister may cause such signal and light to be Light or placed and maintained, if the owner, master or person in signal on charge of such vessel or other thing by which the obstruction or obstacle is caused fails or neglects so to do. R.S., c. 91, s. 3.

16. The Minister, under the authority of the Governor in Powers of Council may, if, in his opinion,—

Minister to remove

(a) the navigation of any such navigable water is obstructed, obstructions. impeded or rendered more difficult or dangerous by reason of the wreck, sinking, or lying ashore or grounding of any vessel, or of any part thereof, or of any other thing; or, (b) by reason of the situation of any wreck or any vessel, or any part thereof, or of any other thing so lying, sunk, ashore or grounded, the navigation of any such navigable