Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Navigable Waters Protection Act

73. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, that has been exempted by a regulation made under section 74.

Marginal note:Regulations

• 74. (1) The Governor in Council may make regulations for the management, control, development and use of public ports and public port facilities, including regulations respecting

  • (a) the navigation and use by ships of a public port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships;

  • (b) the use and environmental protection of public ports and public port facilities, including the regulation or prohibition of equipment, structures, works and operations;

  • (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation within the limits of a public port and provision for the recovery of the costs incurred;

  • (d) the maintenance of order and the safety of persons and property within the limits of a public port or at a public port facility;

  • (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister;

  • (e) the regulation of persons, vehicles or aircraft within the limits of a public port or at a public port facility;

  • (f) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a public port or the operation of a public port facility or to affect any of the lands adjacent to a port or facility; and

  • (g) the regulation or prohibition of the transportation, handling or storing, within the limits of a public port or at a public port facility, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property.

• Marginal note:Application

  (2) A regulation made under subsection (1) may apply to only one public port or public port facility.

• Marginal note:Application to Crown

  (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Marginal note:Coming into force of regulations

75. Regulations made under section 12 of the Public Harbours and Port Facilities Act are deemed to have been made under this Part and continue in force until

• (a) in the case of regulations in respect of rates, tolls, fees or other charges, they are repealed by the Minister; and

• (b) in any other case, they are repealed by regulations made under subsection 74(1).