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Planning Horizontal Directional Drilling for Pipeline Construction

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Subsection 35(1) Prohibits works or undertakings that result in harmful<br />

alteration, disruption or destruction of fish habitat<br />

(HADD).<br />

Subsection 35(2) Allows <strong>for</strong> the authorization of HADD by the MFO.<br />

Subsection 36(3) Prohibits the deposition of deleterious substances in<br />

waters frequented by fish.<br />

2.1.2 Navigable Waters Protection Act<br />

The NWPA provides a legislative mechanism <strong>for</strong> the protection of the public right<br />

of marine navigation on all navigable waterways of Canada. This is accomplished<br />

through authorization of the construction of works built or placed in, over,<br />

through or across navigable waterways.<br />

A navigable waterway is defined as being any body of water capable of being<br />

navigated by floating vessels of any description <strong>for</strong> the purpose of transportation,<br />

commerce or recreation. This includes both inland and coastal waters. The<br />

authority to determine the navigability of a waterway rests with the MFO or<br />

his/her designated representative.<br />

The pertinent sections of the NWPA (paraphrased below) <strong>for</strong> HDD pipeline<br />

watercourse crossings are found in:<br />

Section 5(1)(a) No work shall be built or placed in, on, over, under,<br />

through or across any navigable water unless approved by<br />

the Minister.<br />

Subsection 5(2) Except in the case of a bridge, boom, dam or causeway,<br />

paragraph 5(1) (a) does not apply to any work that in the<br />

opinion of the Minister does not interfere substantially<br />

with navigation.<br />

All pipelines that cross a navigable water are subject to review under the NWPA.<br />

In recognition of the low risk of some crossings, the Central, Arctic and Pacific<br />

regions have issued guidelines relaxing the need <strong>for</strong> application as long as certain<br />

conditions are followed. If the following conditions (paraphrased) are met, an<br />

HDD may be undertaken in these regions without applying <strong>for</strong> NWPA approval:<br />

• no tools, equipment, vehicles or temporary structures are to remain in the<br />

water after completion of the work;<br />

• any debris or other material accumulated as a result of the HDD must be<br />

removed;<br />

• warning signs must be placed up- and downstream of construction;<br />

• navigation must be maintained at all times;<br />

• navigation stakeholders must be consulted in advance;<br />

September 2004 <strong>Planning</strong> <strong>Horizontal</strong> <strong>Directional</strong> <strong>Drilling</strong> <strong>for</strong> <strong>Pipeline</strong> <strong>Construction</strong> Page 2-2

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