1. The following definitions apply in these Regulations.

“Act”

“Act” means the Canada Marine Act. (Loi)

“dangerous goods”

“dangerous goods” has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

“floating structure”

“floating structure” means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. (construction flottante)

“harbour”

“harbour” means the navigable waters of a natural or man-made harbour that have been designated by the Governor in Council under subsection 104(2) of the Act. (port)

“harbour official”

“harbour official”, with respect to a harbour, means a traffic control official designated by the Minister under section 106 of the Act or an enforcement officer designated by the Minister under subsection 108(1) of the Act. (responsable de port)

2. These Regulations are binding on Her Majesty in right of Canada or a province.

3. Unless otherwise authorized under these Regulations, no person shall, by act or omission, adversely affect the use of a harbour, interfere with navigation in a harbour or jeopardize the safety of persons or ships in a harbour by doing anything or permitting anything to be done that has or is likely to have any of the following results in the harbour:

• (a) to obstruct or threaten any part of the harbour;

• (b) to interfere with an authorized activity;

• (c) to divert the flow of a river or stream, cause or affect currents, cause silting or the accumulation of material or otherwise reduce the depth of the waters;

• (d) to cause a nuisance;

• (e) to cause injury to persons or damage to ships; or

• (f) to adversely affect sediment or water quality.

• 4. (1) Unless otherwise authorized under these Regulations, a person who, adversely affects the use of a harbour, interferes with navigation in a harbour or jeopardizes the safety of persons or ships in a harbour by dropping, depositing, discharging or spilling refuse, a substance that pollutes, cargo, ship’s gear or any other object must

  • (a) immediately make every technically feasible and reasonable effort to remove it;

  • (b) notify a harbour official of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location, and of the efforts made by the person to remove it; and

  • (c) as soon as possible, provide to the harbour official a detailed written report containing the information mentioned in paragraph (b).

• (2) If the person does not remove the refuse, polluting substance, cargo, ship’s gear or object immediately, the harbour official may have it done.