Whenever any project goes in or around water the proponent must comply with a number of legal requirements. In this particular case, because it is determined to be a minor waterway, the Navigable Waters Protection Act would not apply. It would not forgo the proponent's lawful requirement to make application and have consideration done under the Fisheries Act with respect to potential fishery habitat limitations and constraints as well as other provincial and municipal reviews conducted for an environmental purpose.
On June 3rd, 2008. See this statement in context.