What is the exemption for existing Crown Works under the new Act?
Prior to 1992, the Crown (various levels of government, departments and agencies) did not believe that works constructed by the Crown were subject to the NWPA. That interpretation was changed by a 1992 Supreme Court decision (Old Man River Dam), which determined that the application of the NWPA indeed applied to Crown works. Consequently, thousands of existing Crown works have never received NWPA approval. In the past, when these works needed repair or modification, an Application for Approval of the existing work itself was required first – beforethe Crown could submit a second application for the repair or modification. To eliminate the extra time and effort spent on issuing multiple approvals, existing works owned by the Crown are now “grand fathered” and do not need to apply for the original Approval. It is important to note however, that existing Crown works needing repair or modification are still subject to the requirements under the NWPA and that the Approval for the modificati
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