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.

• 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.

• 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.