CANADA MARINE ACTNatural and Man-made Harbour Navigation and Use RegulationsP.C.2005-40020053
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 104(1) of the Canada Marine Acta, hereby makes the annexed Natural and Man-made Harbour Navigation and Use Regulations.S.C. 1998, c. 10InterpretationThe following definitions apply in these Regulations.Act means the Canada Marine Act. (Loi)dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)floating structure means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. (construction flottante)harbour means the navigable waters of a natural or man-made harbour that have been designated by the Governor in Council under subsection 104(2) of the Act. (port)harbour official, with respect to a harbour, means a traffic control official designated by the Minister under section 106 of the Act or an enforcement officer designated by the Minister under subsection 108(1) of the Act. (responsable de port)Binding on Her MajestyThese Regulations are binding on Her Majesty in right of Canada or a province.Safety of Persons and Ships in HarboursProhibitionsUnless otherwise authorized under these Regulations, no person shall, by act or omission, adversely affect the use of a harbour, interfere with navigation in a harbour or jeopardize the safety of persons or ships in a harbour by doing anything or permitting anything to be done that has or is likely to have any of the following results in the harbour:to obstruct or threaten any part of the harbour;to interfere with an authorized activity;to divert the flow of a river or stream, cause or affect currents, cause silting or the accumulation of material or otherwise reduce the depth of the waters;to cause a nuisance;to cause injury to persons or damage to ships; orto adversely affect sediment or water quality.Removal from WatersUnless otherwise authorized under these Regulations, a person who, adversely affects the use of a harbour, interferes with navigation in a harbour or jeopardizes the safety of persons or ships in a harbour by dropping, depositing, discharging or spilling refuse, a substance that pollutes, cargo, ship’s gear or any other object mustimmediately make every technically feasible and reasonable effort to remove it;notify a harbour official of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location, and of the efforts made by the person to remove it; andas soon as possible, provide to the harbour official a detailed written report containing the information mentioned in paragraph (b).If the person does not remove the refuse, polluting substance, cargo, ship’s gear or object immediately, the harbour official may have it done.Fire ProtectionEvery person in a harbour must follow the fire protection and prevention measures established for the safety of persons and ships in the harbour, taking into account the activities in the harbour.Dangerous SituationsEvery person who, by act or omission, causes a dangerous situation in a harbour must immediately take appropriate precautionary measures to prevent injury to persons or damage to ships and notify a harbour official without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.EmergenciesDespite any other provision of these Regulations, a person may, in a harbour, conduct an activity set out in column 1 of the schedule without having a contract or lease with, or a licence granted by, the Minister of National Defence or an authorization from a harbour official or without complying with the conditions of an authorization for the duration of an emergency situation ifthe activity is required as a result of an emergency situation that jeopardizes the safety of persons or ships;the person conducting the activity makes every effort to notify a harbour official of the activity and the emergency situation, if practicable; andthe person conducting the activity submits a detailed written report to the harbour official without delay describing the activity and explaining why the situation was regarded as an emergency.If an activity in a harbour causes or is likely to cause an emergency situation that jeopardizes the safety of persons or ships, the person conducting the activity and, in the case of an activity conducted under a contract, lease, licence or authorization, the person authorized to conduct the activity mustnotify a harbour official without delay of the emergency situation;submit a detailed written report of the emergency situation to the harbour official as soon as possible after the situation ceases to exist; andat the request of the harbour official, submit with the report to the harbour official a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.Accidents and IncidentsA person who does anything in a harbour that results in an incident involving injury to persons or damage to ships, including an explosion, fire, accident, grounding, or stranding mustnotify a harbour official of the incident without delay; andsubmit a detailed written report of the incident to the harbour official as soon as possible after the incident occurs.Precautionary MeasuresIf, in a harbour, a person conducts an activity, other than an activity set out in the schedule, that is likely to have any of the results prohibited under section 3, a harbour official may instruct the person conducting the activity to cease the activity or authorize the person to conduct the activity on condition that the person takes measures reasonably necessary to mitigate or prevent the result.The person must immediately comply with the instructions of the harbour official.Authorizations and Instructions for Activities in a HarbourActivities under Contracts, Leases and LicencesA person may, in a harbour, conduct an activity set out in column 1 of the schedule if authorized to do so in writing expressly or by necessary implication under a contract or lease entered into with, or a licence granted by, the Minister of National Defence.If, by entering into a contract or lease or granting a licence, the Minister of National Defence authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 3, that Minister may stipulate as a condition of the contract, lease or licence that the person with whom the contract or lease is made or to whom the licence is granted must take measures reasonably necessary to mitigate or prevent the result.Authorizations by Posted Signs, Nautical Charts, Maps or FormsSubject to subsections (2) and (3), a harbour official may, by such means as posted signs, nautical charts, maps or forms, give an authorization under this section to conduct, in a harbour, an activity set out in column 1 of the schedule if an “X” is set out in column 2.If the conduct of the activity is not likely to have a result prohibited under section 3, the harbour official may give the authorization without conditions to persons wanting to conduct the activity.If the conduct of the activity is likely to have a result prohibited under section 3, the harbour official may give the authorization for the activity only if the harbour officialestablishes conditions designed to mitigate or prevent the result; andcommunicates the conditions by posting them in a prominent place clearly visible to persons wanting to conduct the activity or setting them out on forms that are readily available to persons wanting to conduct the activity.No person shall conduct an activity set out in column 1 of the schedule if an “X” is set out in column 2, unless the person complies with the conditions, if any, for conducting the activity that are posted or set out on forms.If a condition for conducting the activity is to complete a checklist, the person conducting the activity must keep the checklist readily available for inspection.Authorization to a PersonA harbour official may give an authorization under this section to a person to conduct, in a harbour, an activity set out in column 1 of the schedule ifan “X” is set out in column 3; oran “X” is set out in column 2 and the person or any person who would be covered by the authorization is unable to comply with the conditions posted or set out on forms under section 13 for the conduct of the activity.On receipt of a request for an authorization and the information required under subsection 16(2), the harbour official mustgive their authorization;if the results of the conduct of the activity are uncertain or if the conduct of the activity is likely to have any of the results prohibited under section 3,refuse to give their authorization, orgive their authorization subject to conditions designed to mitigate or prevent the results; orif the harbour official required that the person obtain insurance coverage, performance security or damage security in respect of the conduct of the activity and none is obtained or that which is obtained is inadequate, refuse to give their authorization.No person shall, in a harbour, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 3 unless the personobtains an authorization under section 15 or is covered by an authorization given under that section; andcomplies with the conditions, if any, of the authorization.A person who seeks an authorization from a harbour official to conduct an activity in a harbour must provide to the harbour officialthe name and address of the person;information relevant to the proposed activity and required by the harbour official to assess the likelihood of the occurrence of any of the results prohibited under section 3;if required by the harbour official, proof that the person seeking the authorization has an insurance policy that provides adequate coverage for the activity, names Her Majesty in right of Canada as an additional insured and provides for the insurer to notify the harbour official in the event that the policy is amended or cancelled; andif required by the harbour official, performance security and damage security in respect of the conduct of the activity.A harbour official may cancel an authorization given under section 15 or change the conditions to which an authorization is subject ifthe conduct of the activity has a result prohibited under section 3 or, because of a change in circumstances, becomes likely to have such a result or the result of the activity becomes uncertain;the authorization was based on incorrect or misleading information; orthe person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.If an authorization given under section 15 is cancelled, the harbour official must give notice of the cancellation to the person to whom the authorization was given.The cancellation is effective at the earliest ofthe end of the fifth business day after the notice of cancellation is sent by registered mail to the address provided in the application for the authorization;two hours after a facsimile or electronic transmission of the notice of cancellation is sent to the address provided in the application for the authorization; andimmediately on service of the notice of cancellation at the address provided in the application for the authorization.Instructions to Cease, Remove, Return and RestoreA harbour official may instruct a person to take any of the actions referred to in subsection (2) ifthe person conducts an activity for which an authorization is required under section 15 without first obtaining the authorization or without being covered by one;the person, or any person covered by the authorization, fails to comply with a condition of the authorization;the authorization to conduct the activity is cancelled under section 17; orin the case of an activity for which no authorization is required under these Regulations, the conduct of the activity has a result prohibited under section 3.The actions areto cease the activity or comply with the conditions for conducting the activity; andif the person is instructed to cease the activity,to remove anything brought into the harbour in connection with the activity,to return to the harbour anything that was removed from it in connection with the activity, andto restore the property affected by the activity to its former state.The person must comply immediately with the instructions of the harbour official.If the person fails to remove the thing or to restore the property immediately, the harbour official may conduct the removal or restoration and may store the thing.Coming into ForceThese Regulations come into force on the day on which they are registered.(Sections 7 and 11 to 16)
ACTIVITY LIST
Column 1Column 2Column 3ItemActivityAuthorization by posted signs, nautical charts, maps or forms(section 13)Authorization to a person(section 15)1Conducting a diving operationX2Conducting a salvage operationX3Transporting, loading, unloading or transhipping explosives or other dangerous goods, industrial waste or pollutantsX4Bunkering or fuellingX5Carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX6Conducting a dredging operationX7Excavating or removing any material or substanceX8Building, placing, rebuilding, repairing, altering, moving or removing any structure or workX9Placing or operating a light or day markerX10Casting adrift a ship, log or other objectX11Conducting a race, regatta, trial, demonstration, organized event or similar activityX12Causing a fire or explosion, conducting blasting or setting off fireworks, including setting off a flare or other signalling deviceX13Placing a placard, bill, sign or deviceX14SwimmingX15Venturing out onto iceX16Launching a ship by slipway or craneX17Conducting the take-off or landing of a sea-planeX18Laying up a shipX19Placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX20Mooring or anchoring a floating structureX21Mooring log boomsX22Fishing or crabbingX23Conducting aquacultural research or operationsX