Planning Horizontal Directional Drilling for Pipeline Construction
Planning Horizontal Directional Drilling for Pipeline Construction
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