Canal Regulations (C.R.C., c. 1564)

39. No vessel shall take on or discharge passengers or goods at any place other than a regular wharf, as determined by the Superintending Engineer, without the express permission in writing of the Chief or Superintending Engineer.

• 40. (1) Lessees of canal lots facing canals or basins have the first privilege of loading or unloading vessels on the unleased canal property fronting their respective leased lots.

• (2) The Superintending Engineer may, if he sees fit, allow any vessel to discharge on unleased canal property that is fronting on leased lots.

• 41. (1) The loading and unloading of goods shall be carried out expeditiously throughout each working day in a manner satisfactory to the Superintending Engineer or the Superintendent.

• (2) Vessels that have ceased discharging or loading, from any cause, are not entitled to retain their berths.

• (3) Goods unloaded shall be removed at once to a point clear of the canal wharves and banks.

42. Goods placed on unleased canal land shall be placed as directed by the Superintending Engineer or the Superintendent.

• 43. (1) No goods shall be placed on canal wharves or lands so as to obstruct any thoroughfare, or hinder free passage for persons, teams or vehicles along the front of such wharves or lands.

• (2) Goods shall not be loaded or unloaded at any lock.

• 44. (1) In the event of violation of section 41, 42 or 43, the Superintending Engineer or the Superintendent may remove any goods remaining on the wharf or canal land longer than permitted by these Regulations to any place that he sees fit and such removal shall be made at the cost of the owner of the goods or of the owner of the vessel from which they were unloaded or to which they are to be loaded, and the costs and the penalties incurred for such violation constitute a lien upon the goods, and the goods shall not be delivered to or removed by any person until all such costs and penalties are paid; and notwithstanding such removal by or on the orders of the Superintending Engineer or the Superintendent, such goods continue to be at the risk of the owner thereof.

• (2) If, within 30 days after the removal of goods under subsection (1), the costs and penalties due under subsection (1) are not paid, the Chief may sell, by public auction or otherwise, the goods and apply the net proceeds in payment or part payment of such costs and penalties and the balance, if any, owing to the Department shall be recoverable with costs from the owners.

• (3) The surplus net proceeds, if any, from the sale of goods under subsection (2) after the payment of the costs and penalties shall be paid to the owners.

• 45. (1) No vessel shall winter or lie-up in any canal without permission in writing of the Superintending Engineer or the Superintendent.

• (2) All risk and responsibility for a vessel wintering or lying-up in a canal and any damage the vessel may sustain shall rest with the owner.

• 46. (1) The owner of any vessel wintering in a canal shall pay wintering charges at the rates set out in Schedule III.

• (2) The owner of any vessel lying-up in a canal shall pay lying-up charges at the rates set out in Schedule IV.

• (3) The owner of the vessel wintering or lying-up in a canal shall pay to the Superintending Engineer wintering charges in advance and lying-up charges prior to the vessel leaving its lying-up berth except that, if so authorized by the Chief, these charges shall be paid by the owner within 20 days after the date of the Department’s account for such charges.

• (4) In addition to the payment of wintering charges, the owner of any vessel being moved into a wintering berth is liable for all damages to canal property occasioned by such movement.