Seaway Property Regulations (SOR/2003-105)

• 31 (1) No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 3 unless the person

  • (a) obtains an authorization under section 30 or is covered by an authorization given to an undertaking or organization under that section; and

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

• (2) A person that seeks an authorization from the Manager to conduct an activity in the Seaway or on Seaway property shall provide to the Manager

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

  • (b) the applicable fee, if any;

  • (c) any information relevant to the proposed activity that is necessary to assess the likelihood of the occurrence of any of the results prohibited under section 5;

  • (d) if any of the results prohibited under section 5 are likely to occur, proof that the applicant has an insurance policy that provides adequate coverage for the conduct of the activity, that names the Manager as an additional insured and that provides for the insurer to notify the Manager in the event that the policy is amended or cancelled; and

  • (e) if any of the results prohibited under section 5 are likely to occur, performance security and damage security in respect of the conduct of the activity.

32 The Manager may cancel an authorization given under section 30 or change the conditions to which an authorization is subject if

• (a) the conduct of the activity has a result that is prohibited under section 5 or, because of a change in circumstances, it becomes likely to have such a result or the result of it becomes unclear;

• (b) the insurance coverage, performance security or damage security obtained by the person in respect of the conduct of the activity becomes inadequate for the activity or is cancelled;

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

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

• 33 (1) If an authorization given under section 30 is cancelled, the Manager shall 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 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.

33.1 The Manager shall give a temporary written or verbal authorization under this section to a person to not obey an instruction on a sign or device installed under the authority of the Manager if

• (a) the person is carrying out an activity that is necessary for the operation of the Seaway or Seaway property; and

• (b) obeying the instruction is likely to have any of the results prohibited under section 5.

Instructions to Cease, Remove, Return and Restore

• 34 (1) The Manager may instruct a person to take any of the actions prescribed under subsection (2) if

  • (a) the person conducts an activity that is prohibited under section 6;

  • (b) the person conducts an activity for which an authorization is required under section 30 without first obtaining the authorization or without being covered by one;

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

  • (d) the authorization to conduct the activity is cancelled under section 32.

  • (e) [Repealed, SOR/2014-102, s. 17]

• (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 Seaway or onto Seaway property in connection with the activity,

    • (ii) to return to the Seaway or Seaway property 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) If the person does not immediately remove a thing referred to in subparagraph (2)(b)(i), the Manager may have it removed or stored and, if the thing interferes with navigation, the Manager may have it removed or stored at the person’s expense.

• (4) [Repealed, SOR/2014-102, s. 17]

PART 4Repeals and Coming into Force

Repeals

35 [Repeal]

36 [Repeal]

Coming Into Force

37 These Regulations come into force on the day on which they are registered.