1. The definitions in this section apply in these Regulations.

“Act”

“Act” means the Canada Marine Act. (Loi)

“activity list”

“activity list”, in respect of a port, means the Part of Schedule 1 particular to that port. (liste des activités)

“dangerous goods”

“dangerous goods” has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

“designated area”

“designated area” means an area designated by a port authority in respect of an activity set out in column 1 of an activity list. (endroit désigné)

“fee”

“fee” means a fee fixed under subsection 49(1) of the Canada Marine Act or accepted by a port authority under section 53 of that Act. (droit)

“hot work”

“hot work” means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding. (travail à chaud)

2. Subject to section 3, these Regulations apply in respect of the navigable waters of a port, works and activities in a port and the property managed, held or occupied by a port authority.

3. These Regulations do not apply in respect of that aspect of a work, within the meaning of the Navigable Waters Protection Act, that involves a determination under that Act by the Minister as to whether the work will interfere with navigation if the work is built, placed, rebuilt, repaired or altered in, on, over, under, through or across the navigable waters of a port by

• (a) a port authority other than a port authority set out in Schedule 2; or

• (b) any person other than a person conducting those activities on behalf of a port authority set out in Schedule 2.

4. These Regulations are binding on Her Majesty in right of Canada or a province.

5. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a port that has or is likely to have any of the following results:

• (a) to jeopardize the safety or health of persons in the port;

• (b) to interfere with navigation;

• (c) to obstruct or threaten any part of the port;

• (d) to interfere with an authorized activity in the port;

• (e) 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 of the port;

• (f) to cause a nuisance;

• (g) to cause damage to ships or other property;

• (h) to adversely affect soil, air or water quality; or

• (i) to adversely affect port operations or the property managed, held or occupied by the port authority.