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

Regulations are current to 2014-12-08 and last amended on 2006-09-21. Previous Versions

Ships and Cargoes

Information in Respect of Ships and Cargoes

  •  (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.

  • SOR/2002-121, s. 1.

Cargo Operations

  •  (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.

  • SOR/2002-121, s. 1.