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

Regulations are current to 2014-09-29 and last amended on 2006-09-21. Previous Versions

 If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a public port or at a public port facility, or damages or is likely to damage property or the environment, a person directly involved in the situation and, in the case of an activity conducted under a contract, lease, licence or authorization, the person authorized to conduct the activity, must

  • (a) notify a port official without delay of the emergency situation;

  • (b) submit a detailed report of the emergency situation to the port official as soon as possible after the situation ceases to exist; and

  • (c) at the request of the port official, submit with the report to the port official a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.

  • SOR/2002-121, s. 1.

Accidents and Incidents

 A person who does anything in a public port or at a public port facility that results in an incident involving injury to a person, damage to the environment, material loss or damage, or an explosion, fire, accident, grounding, or stranding must

  • (a) notify a port official of the incident without delay; and

  • (b) submit a detailed report of the incident to the port official as soon as possible after the incident occurs.

  • SOR/2002-121, s. 1.

Precautionary Measures

  •  (1) If, in a public port or at a public port facility, a person conducts an activity, other than an activity set out in Schedule 4, that is likely to have any of the results prohibited under section 14, a port official may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result.

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

  • SOR/2002-121, s. 1;
  • SOR/2004-254, s. 9.

Activities of Port Officials

 If a port official is the proponent of an activity that is set out in column 1 of Schedule 4 which is likely to have any of the results prohibited under section 14, the port official must take appropriate measures designed to mitigate or prevent the result, if technically feasible and reasonable, taking into account

  • (a) the safety of persons and property in the public port or at the public port facility;

  • (b) the environmental protection of the public port or the public port facility; and

  • (c) the management and the development of the marine infrastructure and services in the public port or at the public port facility.

  • SOR/2002-121, s. 1.

Authorizations and Instructions for Activities in a Public Port and at a Public Port Facility

Activities under Contracts, Leases and Licences

 A person may, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 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.

  • SOR/2002-121, s. 1.