Public Ports and Public Port Facilities Regulations (SOR/2001-154)

32 If, by entering into a contract or lease or granting a licence, the Minister authorizes an activity set out in column 1 of Schedule 4 that has or is likely to have any of the results prohibited under section 14, the 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 designed to mitigate or prevent the result, if technically feasible and reasonable.

Authorizations by Posted Signs or Forms

• 33 (1) Subject to subsections (2) and (3), a port official may, by such means as posted signs, posted notices, maps or forms, give an authorization under this section to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 if an “X” is set out in column 2.

• (2) If the conduct of the activity is not likely to have a result prohibited under section 14, the port official may give the authorization without conditions, as long as the authorization is posted in a prominent place clearly visible to persons wanting to conduct the activity.

• (3) If the conduct of the activity is likely to have a result prohibited under section 14, the port official may give the authorization for the activity only if the port official

  • (a) establishes conditions designed to mitigate or prevent the result; and

  • (b) communicates the conditions by

    • (i) posting them in a prominent place clearly visible to persons wanting to conduct the activity, or

    • (ii) setting them out on forms that are readily available to persons wanting to conduct the activity.

• 34 (1) No person shall conduct an activity set out in column 1 of Schedule 4 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 and pays the applicable fee, if any.

• (2) 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 Specific Person

• 35 (1) A port official may give an authorization under this section to a person to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 if

  • (a) an “X” is set out in column 3; or

  • (b) an “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 for the conduct of the activity under section 33.

• (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 36(2), the port official must

  • (a) give their authorization;

  • (b) 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 14,

    • (i) refuse to give their authorization, or

    • (ii) give their authorization subject to conditions designed to mitigate or prevent the results; or

  • (c) if the port 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.

• 36 (1) No person shall, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 if an “X” is set out in column 3 unless the person

  • (a) obtains an authorization under section 35 or is covered by an authorization given to a partnership, an association or a body corporate under that section; and

  • (b) complies with the conditions, if any, of the authorization.

• (2) A person that seeks an authorization from a port official to conduct an activity in a public port or at a public port facility must provide to the port official

  • (a) the name and address of the person;

  • (b) the applicable fee, if any;

  • (c) information relevant to the proposed activity and required by the port official to assess the likelihood of the occurrence of any of the results prohibited under section 14;

  • (d) if requested by the port official, proof that the applicant 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 port official in the event that the policy is amended or cancelled; and

  • (e) if required by the port official, performance security and damage security in respect of the conduct of the activity.

37 A port official may cancel an authorization given under section 35 or change the conditions to which an authorization is subject if

• (a) the conduct of the activity has a result prohibited under section 14 or, as a result of a change in circumstances, becomes likely to have such a result;

• (b) the authorization was based on incorrect or misleading information; or

• (c) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.

• 38 (1) If an authorization given under section 35 is cancelled, the port official must give notice of the cancellation to the person to whom the authorization was given.

• (2) The cancellation is effective at the earliest of

  • (a) the 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;

  • (b) 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; and

  • (c) immediately on service of the notice of cancellation at the address provided in the application for the authorization.

Instructions to Cease, Remove, Return and Restore

• 39 (1) A port official may instruct a person to take any of the actions referred to in subsection (2) if

  • (a) the person conducts an activity for which an authorization is required under section 35 without first obtaining the authorization or without being covered by one;

  • (b) the person, or any person covered by the authorization, fails to comply with a condition of the authorization;

  • (c) the authorization to conduct the activity is cancelled under section 37; or

  • (d) in 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 14.

• (2) The actions are

  • (a) to cease the activity or comply with the conditions for conducting the activity; and

  • (b) if the person is instructed to cease the activity,

    • (i) to remove anything brought into the public port or to the public port facility in connection with the activity,

    • (ii) to return to the public port or the public port facility anything that was removed from it in connection with the activity, and

    • (iii) to restore the property affected by the activity to its former state.

• (3) The person must comply immediately with the instructions of the port official.

• (4) If the person fails to remove the thing or to restore the property immediately, the port official may conduct the removal or restoration and may store the thing.

• (5) If the thing removed or stored by the port official interfered with navigation, the removal and, if applicable, the storage may be done at the expense of the person.

Ships and Cargoes

Information in Respect of Ships and Cargoes

• 40 (1) This section applies in respect of ships for which fees are fixed under subsection 67(1) of the Act or accepted under section 68 of that Act.

• (2) At least 24 hours before a ship enters a public port or arrives at a public port facility, the owner or the person in charge of the ship must provide the following information to a port official if the information has not already been provided for the purpose of obtaining permission to access the public port or public port facility:

  • (a) the name of the ship, its port of registry and its identification number as it appears in the Lloyd’s Register of Shipping or on the ship’s certificate;

  • (b) the name of the owner, the master and the agent of the ship;

  • (c) the gross tonnage of the ship and its overall length;

  • (d) the port from which and the date on which the ship began its voyage;

  • (e) the estimated time of arrival of the ship in the public port or at the public port facility;

  • (f) the estimated draught of the ship on arrival in the public port or at the public port facility and on departure;

  • (g) the description, quantity and tonnage of dangerous goods that are in transit on the ship or that will be loaded, unloaded or transferred in the public port or at the public port facility, in the form provided by the port official;

  • (h) the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the public port or at the public port facility;

  • (i) the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship;

  • (j) if the ship is not engaged in cargo or passenger operations, the purpose of the ship’s visit to the public port;

  • (k) the last port of call of the ship and its next intended port of call; and

  • (l) any other information requested by the port official and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 14 or to the management of the marine infrastructure and services of the public port or the public port facility.

• (3) The owner or the person in charge of the ship must provide the port official with the description, quantity and tonnage of the cargo loaded, unloaded or transferred at each berth or anchorage within 24 hours after the loading, unloading or transferral, but before the ship’s departure.

• (4) The information must be provided by

  • (a) delivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; or

  • (b) sending it by facsimile or electronic transmission.

Cargo Operations

• 41 (1) If a ship is waiting for another ship to load, unload or transfer cargo to get a berth or anchorage, the owner or the person in charge of the other ship must ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

  • (a) the loading, unloading or transfer operations are conducted with dispatch; and

  • (b) the cargo is moved with dispatch from the immediate vicinity of the berth or anchorage to enable the waiting ship to load, unload or transfer its cargo.

• (2) If the loading, unloading or transfer operations of the ship, or the movement of its cargo, are not conducted with dispatch, a port official may instruct the owner or the person in charge of the ship

  • (a) to move the ship from the berth or anchorage to allow the waiting ship to berth or to anchor and begin its loading, unloading or transfer operations; or

  • (b) to move the cargo from the immediate vicinity of the berth or anchorage.

• (3) If, to allow a waiting ship to berth or to anchor promptly, the loading, unloading or transfer operations of a ship, or the movement of its cargo, are conducted around the clock or the ship or cargo is moved on the instructions of the port official, the owner or person in charge of the waiting ship must ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

  • (a) the loading, unloading or transfer operations of the waiting ship are conducted with dispatch; and

  • (b) the cargo of the waiting ship is moved with dispatch from the immediate vicinity of the berth or anchorage.

Crewing

• 42 (1) The owner or the person in charge of a ship berthed, moored or anchored in a public port or at a public port facility must ensure that

  • (a) a port official is kept informed of the location and telephone number of a person who can take command of the ship immediately at the request of the port official if it is necessary to move it for the safety of persons or property in the public port or at the public port facility or the management of the port or facility; and

  • (b) subject to subsection (2), the ship is kept in a state of readiness so that it can be moved quickly.

• (2) Paragraph (1)(b) does not apply to a ship in respect of which an authorization to lay-up in the public port or at the public port facility has been obtained.

Removal

• 43 (1) For purposes of management, control and use of a public port, a port official may order the removal, within a reasonable time fixed by the port official, of any ship from an area to another area of the public port or the alteration of its position if that ship interferes with navigation.

• (2) If the person in charge of the ship fails to remove the ship or alter its position within the reasonable time, the port official may have the ship removed or its position altered at the expense of the person.

Arrangements for Towing

44 The owner or the person in charge of a ship that is berthed, moored or anchored in a public port or at a public port facility must ensure that the ship is fitted with arrangements suitable for attaching a towing line so that the ship can be towed from its berth, mooring or anchorage if moving the ship is necessary for the safety of persons or property within the public port or at the public port facility.