3. (1) Subsections 2(1) to (4) do not apply to
(a) a person who occupies a waterfront property that is not accessible by road and operates a vessel solely for the purpose of gaining access to that property; or
(b) a person who holds a provincial fishing permit and whose livelihood depends on fishing.
(2) Subsections 2(1) to (5) and (7) do not apply to
(a) an enforcement officer acting within the scope of their duties;
(b) an employee or agent or mandatary of Her Majesty in right of Canada or a province, or of a county, municipality or regional district, acting within the scope of their duties;
(c) a person rescuing someone or preventing damage to property; or
(d) a person who operates a safety boat for surveillance, rendering assistance and lifeguarding within the scope of regular activities carried out by a recreational institution or a teaching or racing organization established under provincial, federal or international laws.
4. If a local authority seeks, in respect of certain waters, the imposition of a restriction that is of the same nature as a restriction imposed by section 2 or subsections 11(2) or (3), the local authority shall submit to the provincial authority in the province for which the restriction is proposed, or to the Minister if no provincial authority exists, a request together with a report that specifies the location of the waters, the nature of the proposed restriction, information regarding the public consultations held, particulars regarding the implementation and enforcement of the proposed restriction and any other information that is necessary to justify regulatory intervention.
- SOR/2010-34, s. 2.
5. No person shall place a sign anywhere for the purpose of restricting the operation of any vessel in Canadian waters unless
(a) the placement has been authorized by the Minister under subsection 6(1) and the sign complies with sections 8 and 9, except in the case of a sign that provides information with respect to a restriction under subsection 2(7) or section 14; or
(b) the placement is authorized under an Act of Parliament other than the Canada Shipping Act, 2001.
6. (1) The Minister may authorize in writing any person or class of persons to place a sign in an area for the purpose of indicating that a restriction on the operation of vessels has been established by any of subsections 2(1) to (6) or 11(2) or (3).
(2) The person who places the sign shall
(a) bear all costs of construction, placing, maintenance and removal; and
(b) maintain the sign in the form required by sections 8 and 9 while the sign is in place.
(3) If a restriction in any of the schedules is removed, the Minister shall cancel the authorization and inform the person of the cancellation.
(4) On being so informed by the Minister, the person who placed the sign shall immediately remove it as well as any support erected for it.
- SOR/2010-34, s. 3.
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