SOR/2000-55200002
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CANADA MARINE ACTPort Authorities Operations RegulationsP.C.2000-134200002
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 62(1) of the Canada Marine Acta, hereby makes the annexed Port Authorities Operations Regulations.S.C. 1998, c. 10Interpretation
The definitions in this section apply in these Regulations.Act means the Canada Marine Act. (Loi)activity list, in respect of a port, means the Part of Schedule 1 particular to that port. (liste des activités)dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)designated area means an area designated by a port authority in respect of an activity set out in column 1 of an activity list. (endroit désigné)fee means a fee fixed under subsection 49(1) of the Canada Marine Act or accepted by a port authority under section 53 of that Act. (droit)hot work means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding. (travail à chaud)
ApplicationWhere Regulations Apply
Subject to section 3, these Regulations apply in respect of the navigable waters of a port, works and activities in a port and the property managed, held or occupied by a port authority.
Where Regulations Do Not Apply — Canadian Navigable Waters Act
These Regulations do not apply in respect of that aspect of a work, within the meaning of the Canadian Navigable Waters Act, that involves a determination under that Act by the Minister as to whether the work will interfere with navigation if the work is built, placed, rebuilt, repaired or altered in, on, over, under, through or across the navigable waters of a port bya port authority other than a port authority set out in Schedule 2; orany person other than a person conducting those activities on behalf of a port authority set out in Schedule 2.SOR/2004-255, s. 1(F)2019, c. 28, s. 187
Binding on Her Majesty
These Regulations are binding on Her Majesty in right of Canada or a province.
Safety and Order in PortsProhibitions
Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a port that has or is likely to have any of the following results:to jeopardize the safety or health of persons in the port;to interfere with navigation;to obstruct or threaten any part of the port;to interfere with an authorized activity in the port;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 of the port;to cause a nuisance;to cause damage to ships or other property;to adversely affect soil, air or water quality; orto adversely affect port operations or the property managed, held or occupied by the port authority.SOR/2004-255, s. 2(F)
No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 4.
Access to Port Property
No person shall access any area managed, held or occupied by a port authority unlessthe person accesses the area to conduct legitimate business in the port;the person is authorized by the port authority to access the area; oraccess is not restricted by a sign, a device or in some other way such as by a fence.SOR/2004-255, s. 3
Signs
A port authority may have signs posted or devices installed for the purpose of ensuring the safety of persons and property in a port, the environmental protection of the port or the management of the marine infrastructure and services of the port in a commercial manner.SOR/2004-255, s. 4
Every person in a port must comply with the instructions on signs posted and with devices installed under the authority of the port authority unless the person is authorized by the port authority to do otherwise.No person shall remove, mark or deface any sign or device in a port.SOR/2004-255, s. 5
Operation of Vehicles
Every person who operates a vehicle on property managed, held or occupied by a port authority shall do so in a safe manner and at a speed that does not exceed the lower ofthe speed limit posted under the authority of the port authority on signs on the property, anda lower speed that is warranted by prevailing weather conditions or by the movement or storage of equipment, trains or goods.[Repealed, SOR/2002-179, s. 1]SOR/2002-179, s. 1
A port authority may have signs and devices installed on property managed, held or occupied by it respectingthe safe operation of vehicles; andthe parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping.Every person who operates a vehicle on property managed, held or occupied by a port authority shall obeythe instructions on any sign posted or device placed under the authority of the port authority and applicable to the person, vehicle or property; andtraffic directions given by a person authorized for that purpose by the port authority.The owner of a vehicle that is parked or stopped contrary to an instruction or direction referred to in subsection (2) and any person in possession of the vehicle may be held liable.SOR/2002-179, s. 2; SOR/2004-255, s. 6
A port authority may have a vehicle moved or stored at the time at which the vehicle is found to be parked or stopped contrary to this section if the vehicle isapparently abandoned;parked or stoppedin a place or manner that creates a hazard or obstruction, orat a time that is not within the posted parking or stopping hours; orparked or stopped in an areanot posted as a parking or stopping area, orposted as a no-parking or no-stopping area.SOR/2002-179, s. 3; SOR/2004-255, s. 7
Removal — Property or Waters
Unless otherwise authorized under these Regulations, a person who, in a port, drops, deposits, discharges or spills refuse, a substance that pollutes, cargo, ship’s gear or any other thing that interferes with navigation shallimmediately make every technically and economically feasible effort to remove it; andnotify the port authority of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location.If the person does not remove the refuse, substance, cargo, ship’s gear or thing immediately, the port authority may conduct the removal and, if the thing removed interfered with navigation, the removal may be done at the expense of the person.SOR/2004-255, s. 8; SOR/2005-326, s. 1(F)
Fire Protection
Every person in a port shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property in the port, taking into account the activities and goods in the port.
Dangerous Situations
Every person who by act or omission causes a dangerous situation in a port shalltake one of the following precautions:post the notices, deploy the lights and erect the fences, barricades or other devices that are necessary to prevent accidents and to protect persons and property, orstation a person at the site of the dangerous situation to warn persons of the danger;take appropriate measures to prevent injury to persons or damage to property; andnotify the port authority without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.SOR/2004-255, s. 9
Emergencies
Despite any other provision of these Regulations, a person may, in a port, conduct an activity set out in column 1 of the activity list without having a contract, lease or licence or an authorization from the port authority or complying with the conditions of an authorization for the duration of an emergency situation ifthe activity is required as a result of an emergency situation that jeopardizes the safety of persons or threatens to cause damage to property or the environment; andwithout delay, the person conducting the activity submits a report to the port authority describing the activity and explaining why the situation was regarded as an emergency.
If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a port damages or is likely to damage property or the environment, every person directly involved in the situation and, in the case of an activity conducted under a contract, lease, licence or authorization, the person authorized to conduct the activity shallwithout delay, notify the port authority that there is an emergency situation;submit a detailed report of the emergency situation to the port authority as soon as possible after it begins; andat the request of the port authority, submit with the report to the port authority a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.SOR/2002-179, s. 4(F)
Accidents and Incidents
A person who does anything in a port that results in an incident involving material loss or damage or an explosion, fire, accident, grounding, stranding or incident of pollution shall submit a detailed report of the incident to the port authority without delay.
Precautionary Measures
If, in a port, a person conducts an activity, other than an activity set out in Schedule 1, that is likely to have any of the results prohibited under section 5, a port authority may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result.The person shall immediately comply with the instructions of the port authority.SOR/2004-255, s. 10
Port Authority ActivitiesGeneral
If a port authority is the proponent of an activity that is set out in column 1 of the activity list and is likely to have any of the results prohibited under section 5, it shall take appropriate measures designed to mitigate or prevent the result, if technically and economically feasible, taking into account the responsibility of the port authority for the safety of persons and property in the port, the environmental protection of the port and the management of the marine infrastructure and services of the port in a commercial manner.
Works within the Meaning of the Canadian Navigable Waters ActAuthority to Build
Subject to its letters patent and section 22, a port authority set out in Schedule 2 or a person acting on behalf of a port authority set out in Schedule 2 may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the port a work within the meaning of the Canadian Navigable Waters Act that may interfere with navigation.SOR/2004-255, s. 11(F)2019, c. 28, s. 187
Assessments and Reports
Before carrying out an activity referred to in section 21, the port authority shall conduct an assessment of the impact of the work on navigation in the port.The port authority shall ensure that a report that summarizes the assessment is prepared before the activity is begun in respect of the work.The port authority shallif the assessment indicates that the work would have an adverse effect on safety in respect of navigation in the port, take appropriate measures designed to mitigate the effect, if technically and economically feasible; andif the assessment indicates that the work would interfere with any other aspect of navigation, take measures to ensure that the work is consistent with the objective declared in section 4 of the Canada Marine Act.SOR/2004-255, s. 12(F)
Authorizations and Instructions for Activities in PortsActivities under Contracts, Leases and Licences
A person may, in a port, conduct an activity set out in column 1 of the activity list if authorized to do so in writing expressly or by necessary implication under a contract or lease entered into with, or a licence granted by, the port authority.
If, by entering into a contract or lease or granting a licence, a port authority authorizes an activity set out in column 1 of the activity list that has or is likely to have any of the results prohibited under section 5, the port authority shall 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 shall take measures designed to mitigate or prevent the result, if technically and economically feasible.
Authorizations by Posted Signs or Forms
Subject to subsections (2) and (3), a port authority may, by means of posted signs or by forms, give an authorization under this section to conduct in the port an activity set out in column 1 of the activity list if an “X” is set out in column 2.If the conduct of the activity is not likely to have a result prohibited under section 5, the port authority 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.If the conduct of the activity is likely to have a result prohibited under section 5, the port authority may give the authorization only if, for the activity, itestablishes conditions designed to mitigate or prevent the result; andcommunicates the conditions byposting them in a prominent place clearly visible to persons wanting to conduct the activity, orsetting them out in forms that are readily available to persons wanting to conduct the activity.
No person shall conduct an activity set out in column 1 of the activity list 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.If a condition for conducting the activity is to complete a checklist, the person conducting the activity shall keep the checklist readily available for inspection.
Authorizations to PersonsSOR/2002-179, s. 5
A port authority may give a written authorization under this section to a person to conduct, in the port, an activity set out in column 1 of the activity list ifan “X” is set out in column 3; oran “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 25.On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 28(2), the port authority shallgive its authorization;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 5,refuse to give its authorization, orgive its authorization subject to conditions designed to mitigate or prevent the results; orif the port authority 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 its authorization.SOR/2000-140, s. 1(E); SOR/2002-179, s. 6; SOR/2004-255, s. 13(F); SOR/2013-42, s. 1(F)
No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 3 unless the personobtains an authorization under section 27 or is covered by an authorization given under that section; andcomplies with the conditions, if any, of the authorization.A person that seeks an authorization from a port authority to conduct an activity in the port shall provide to the port authoritythe name and address of the person;the applicable fee, if any;information relevant to the proposed activity and required by the port authority to assess the likelihood of the occurrence of any of the results prohibited under section 5;if required by the port authority, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names the port authority as an additional insured and provides for the insurer to notify the port authority in the event that the policy is amended or cancelled; andif required by the port authority, performance security and damage security in respect of the conduct of the activity.SOR/2000-140, s. 2; SOR/2002-179, s. 7; SOR/2004-255, s. 14
A port authority may cancel an authorization given under section 27 or change the conditions to which an authorization is subject ifthe conduct of the activity has a result prohibited under section 5 or, as a result of a change in circumstances, becomes likely to have such a result;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;the authorization was based on incorrect or misleading information; orthe person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.SOR/2002-179, s. 8
If an authorization given under section 27 is cancelled, the port authority shall give notice of the cancellation to the person to whom the authorization was given.The cancellation is effective at the earliest ofthe 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,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, andimmediately on service of the notice of cancellation at the address provided in the application for the authorization.SOR/2002-179, s. 9
Instructions to Cease, Remove, Return and Restore
A port authority may instruct a person to take any of the actions prescribed under subsection (2) ifthe person conducts an activity that is prohibited under section 6;the person conducts an activity for which an authorization is required under section 27 without first obtaining the authorization or without being covered by one;the person or any person covered by an authorization fails to comply with a condition of the authorization;the authorization to conduct the activity is cancelled under section 29; orin the case of an activity for which no authorization is required under these Regulations, the conduct of the activity has a result prohibited under section 5.The actions areto cease the activity or comply with the conditions for conducting the activity; andif the person is instructed to cease the activity,to remove anything brought into the port in connection with the activity,to return to the port anything that was removed from it in connection with the activity, andto restore the property affected by the activity to its former state.The person shall immediately comply with the instructions of the port authority.If the person fails to remove the thing or to restore the property immediately, the port authority may conduct the removal or restoration and may store the thing.If the thing removed or stored by the port authority interfered with navigation, the removal and, if applicable, the storage may be done at the expense of the person.SOR/2002-179, s. 10; SOR/2004-255, s. 15; SOR/2013-42, s. 2(F)
Container Trucking — Port Metro VancouverSOR/2014-86, s. 1; SOR/2014-308, s. 1
The following definitions apply in this section.Authority means the Vancouver Fraser Port Authority. (Administration)authorization means a written authorization issued by the Authority to transport containers by truck in Port Metro Vancouver. (autorisation)Container Trucking Act means the British Columbia Container Trucking Act, S.B.C. 2014, c. 28. (loi sur le transport de conteneurs par camion)Port Metro Vancouver means the Authority’s port. (Port Metro Vancouver)Subject to subsections (5) and (6), the Authority shall not permit a truck to gain access to Port Metro Vancouver for the purpose of transporting a container unlessthe driver of the truck is employed by or is acting, either directly or indirectly, on behalf of a person who holds a valid authorization;the person who holds the authorization also holds a licence under the Container Trucking Act to transport containers by truck in Port Metro Vancouver; andthe licence is not under suspension.An authorization is valid if the holder complies with, or ensures that the holder’s drivers comply with, any of the following requirements that are established by the Authority and specified in the authorization:requirements respecting an appointment or reservation system for trucks;requirements respecting the identification of trucks that gain access to Port Metro Vancouver; andrequirements respecting the tracking and monitoring of trucks in Port Metro Vancouver.For greater certainty, a licence referred to in paragraph (2)(b) includes an authorization that is deemed to be a licence under the Container Trucking Act.Subsection (2) does not apply if there is an emergency that poses a risk to the safety of persons or property in Port Metro Vancouver or a risk to the environment and if containers must be transported by truck to mitigate or help mitigate that risk.Paragraphs (2)(b) and (c) do not apply in respect of a truck that is transporting a container to or from a location outside of the Lower Mainland of British Columbia.SOR/2006-278, s. 1; SOR/2007-171, s. 1; SOR/2014-86, s. 2; SOR/2014-308, s. 1
Ships and CargoesInformation in Respect of Ships and Cargoes
This section applies in respect of ships of a class for which fees are fixed under subsection 49(1) of the Act.This section does not apply in respect of pleasure craft.At least 24 hours before a ship enters a port, the owner or the person in charge of the ship shall provide the following information to the port authority if the information has not already been provided for the purpose of obtaining a traffic clearance: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;the name of the owner, the master and the agent of the ship;the gross tonnage of the ship and its length overall;the port from which and the date on which the ship began its voyage;the estimated time of arrival of the ship in the port;the estimated draught of the ship on arrival in the port and on departure;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 port, in the form provided by the port authority;the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the port;the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship;if the ship is not engaged in cargo or passenger operations, the purpose of the ship’s visit to the port;the last port of call of the ship and its next intended port of call; andany other information requested by the port authority and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 5 or to the management of the marine infrastructure and services of the port in a commercial manner.The owner or the person in charge of the ship shall provide the port authority 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.The information shall be provided bydelivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; orsending it by facsimile or electronic transmission.
Cargo Operations
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 shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,the loading, unloading or transfer operations are conducted with dispatch; andthe 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.If the loading, unloading or transfer operations of the ship, or the movement of its cargo, are not conducted with dispatch, the port authority may instruct the owner or the person in charge of the ship to movethe ship from the berth or anchorage to allow the waiting ship to berth or to anchor and begin its loading, unloading or transfer operations; orthe cargo from the immediate vicinity of the berth or anchorage.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 authority, the owner or person in charge of the waiting ship shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,the loading, unloading or transfer operations of the waiting ship are conducted with dispatch; andthe cargo of the waiting ship is moved with dispatch from the immediate vicinity of the berth or anchorage.
Crewing
The owner or the person in charge of a ship berthed, moored or anchored in a port shall ensure thatthe harbour master is kept informed of the location and telephone number of a person who can take command of the ship immediately at the request of the harbour master if it is necessary for the safety of persons or property in the port to move the ship; andthe ship is kept in a state of readiness so that it can be moved quickly.
Arrangements for Towing
The owner or the person in charge of a ship that is berthed, moored or anchored in a port shall ensure that the ship is fitted with arrangements suitable for attaching a towing line so that the ship can be towed from its berth, mooring or anchorage if moving the ship is necessary for the safety of persons or property in the port.
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Coming Into Force
These Regulations come into force on March 1, 2000.
(Sections 1, 6, 16, 20 and 23 to 28)Activity ListPART 1Belledune PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between shipsX(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transferX8conducting a dredging operationX9excavating or removing any material or substanceX10setting off a flare or other signalling deviceX11placing or operating a light or day markerX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14bringing railway rolling stock onto the property managed, held or occupied by the port authorityX15building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX16fishing(a) in a designated area under a scientific permit issued by the Department of Fisheries and OceansX(b) in a designated area without a scientific permit issued by the Department of Fisheries and OceansX(c) anywhere elseX17conducting a race, regatta, trial, demonstration, organized event or similar activityX18causing a fire or explosion, conducting blasting or setting off fireworksX19placing a placard, bill, sign or deviceX20selling or offering for sale goods or servicesX21distributing circulars, leaflets or advertising materialsX22engaging in any form of solicitationX23swimmingX
[Repealed, SOR/2016-66, s. 2]PART 3Halifax PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between shipsX(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transferX8conducting a dredging operationX9excavating or removing any material or substanceX10setting off a flare or other signalling deviceX11placing or operating a light or day markerX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15conducting a race, regatta, trial, demonstration, organized event or similar activityX16causing a fire or explosion, conducting blasting or setting off fireworksX17placing a placard, bill, sign or deviceX18selling or offering for sale goods or servicesX19distributing circulars, leaflets or advertising materialsX20engaging in any form of solicitationX21swimming(a) in a designated areaX(b) in any other areaX
PART 3.1Hamilton-Oshawa PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot work(a) in designated areasX(b) anywhere elseX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing(a) in a designated area under a scientific permit issued by the Department of Fisheries and OceansX(b) in a designated area without a scientific permit issued by the Department of Fisheries and OceansX(c) anywhere elseX18conducting a race, regatta, trial, demonstration, organized event or similar activityX19causing a fire or explosion, conducting blasting or setting off fireworksX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24engaging in any type of recreational water activity(a) in a navigation channel or in the vicinity of a commercial dockX(b) anywhere elseX25venturing out onto iceX26travelling at a reduced rate of speed so as not to cause damage by bow-wave or wash to other crafts, tows, wharfs or structures or to any work or personX
PART 4Montreal PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation in a designated areaX2carrying out hot work in a designated areaX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operation in a designated areaX9excavating or removing any material or substance from a designated areaX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated areaX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, through or across land or water in a designated areaX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated areaX19causing a fire or explosion, conducting blasting or setting off fireworks in a designated areaX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX
PART 5Nanaimo PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) recreational diving in a designated areaX(b) recreational diving anywhere elseX(c) commercial divingX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting explosives or other dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15fishing(a) in a designated areaX(b) in any other areaX16conducting a race, regatta, trial, demonstration, organized event or similar activityX17causing a fire or explosion, conducting blasting or setting off fireworksX18placing a placard, bill, sign or deviceX19selling or offering for sale goods or servicesX20distributing circulars, leaflets or advertising materialsX21engaging in any form of solicitationX22swimming(a) in a designated areaX(b) in any other areaX
[Repealed, SOR/2016-66, s. 3][Repealed, SOR/2020-220, s. 4]PART 7Port Alberni PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) at a berthX(b) anywhere elseX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15conducting a race, regatta, trial, demonstration, organized event or similar activityX16causing a fire or explosion, conducting blasting or setting off fireworksX17placing a placard, bill, sign or deviceX18selling or offering for sale goods or servicesX19distributing circulars, leaflets or advertising materialsX20engaging in any form of solicitationX21swimming(a) in a navigational channelX(b) anywhere elseX
PART 8Prince Rupert PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) recreational diving by a group of more than 10 persons, commercial diving and diving conducted by a government agency such as police or militaryX(b) recreational diving by a group of 10 persons or fewer in a designated areaX(c) any other caseX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15fishing(a) in a designated areaX(b) anywhere elseX16conducting a race, regatta, trial, demonstration, organized event or similar activityX17causing a fire or explosion, conducting blasting or setting off fireworksX18placing a placard, bill, sign or deviceX19selling or offering for sale goods or servicesX20distributing circulars, leaflets or advertising materialsX21engaging in any form of solicitationX22swimming(a) in a designated areaX(b) anywhere elseX
PART 9Quebec PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation in a designated areaX2carrying out hot work in a designated areaX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operation in a designated areaX9excavating or removing any material or substance from a designated areaX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated areaX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated areaX19causing a fire or explosion, conducting blasting or setting off fireworks in a designated areaX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX25venturing out onto iceX
PART 10Saguenay PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation in a designated areaX2carrying out hot work in a designated areaX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operation in a designated areaX9excavating or removing any material or substance from a designated areaX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated areaX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated areaX19causing a fire or explosion, conducting blasting or setting off fireworks in a designated areaX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX25venturing out onto iceX
PART 11Saint John PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between shipsX(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transferX8conducting a dredging operationX9excavating or removing any material or substanceX10setting off a flare or other signalling deviceX11placing or operating a light or day markerX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15conducting a race, regatta, trial, demonstration, organized event or similar activityX16causing a fire or explosion, conducting blasting or setting off fireworksX17placing a placard, bill, sign or deviceX18selling or offering for sale goods or servicesX19distributing circulars, leaflets or advertising materialsX20engaging in any form of solicitationX
PART 12Sept-îles PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation in a designated areaX2carrying out hot work in a designated areaX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operation in a designated areaX9excavating or removing any material or substance from a designated areaX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated areaX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated areaX19causing a fire or explosion, conducting blasting or setting off fireworks in a designated areaX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX25venturing out onto iceX
PART 13St. John’s PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between shipsX(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transferX8conducting a dredging operationX9excavating or removing any material or substanceX10setting off a flare or other signalling deviceX11placing or operating a light or day markerX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX15conducting a race, regatta, trial, demonstration, organized event or similar activityX16causing a fire or explosion, conducting blasting or setting off fireworksX17placing a placard, bill, sign or deviceX18selling or offering for sale goods or servicesX19distributing circulars, leaflets or advertising materialsX20engaging in any form of solicitationX21swimmingX
PART 14Thunder Bay PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) in a designated areaX(b) anywhere elseX2carrying out hot work(a) in a designated areaX(b) anywhere elseX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10setting off a flare or other signalling deviceX11placing or operating a light or day markerX12placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX13casting adrift a ship, log or other objectX14bringing railway rolling stock onto the property managed, held or occupied by the port authorityX15building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX16setting netsX17conducting a race, regatta, trial, demonstration, organized event or similar activityX18causing a fire or explosion, conducting blasting or setting off fireworksX19placing a placard, bill, sign or deviceX20selling or offering for sale goods or servicesX21distributing circulars, leaflets or advertising materialsX22engaging in any form of solicitationX23swimmingX24venturing out onto iceX25operating a sea-plane between sunset and sunriseX26operating a sea-plane outside the area that is northeast of a limit made by the extension of a line that begins at the most southwestern point of the breakwall located on the north side of the Main Entrance, proceeds in a northwesterly direction following the line of buoys within the breakwalls and ends at the point where it intersects with the shorelineX27navigating within the area inside the breakwalls or on a river between sunrise and sunset at a speed greater than 40 km/hX28navigating within the area inside the breakwalls or on a river between sunset and sunrise at a speed greater than 10 km/hX29navigating within the area inside the breakwalls or on a river within 30 m of the shore at a speed greater than 10 km/hX30navigating a ship that is more than 18 m in length within the area inside the breakwalls or on a river at a speed greater than 10 km/hX31navigating within the area inside the breakwalls or on a river within 100 m of a no-wake area, a launching ramp, a marina, a yacht club or a floating mooring at a speed greater than 10 km/hX32navigating within the area inside the breakwalls or on a river at a speed greater than 10 km/h while pushing a ship or towing a person, object or shipX33navigating within the area inside the breakwalls or on a river causing a wake or wave of more than 10 cm in a no-wake areaX34navigating within the area inside the breakwalls or on a river causing a wake or wave of more than 40 cm on the shoreline, the bank of the river or against a shore installation or a berthed shipX
PART 15Toronto PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) in a navigable channelX(b) anywhere elseX2carrying out hot work(a) on a deep-sea vesselX(b) anywhere elseX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishingX18conducting a race, regatta, trial, demonstration, organized event or similar activityX19causing a fire or explosion, conducting blasting or setting off fireworksX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitation24swimming(a) in a designated areaX(b) anywhere elseX25navigating within 150 m of a shoreline or breakwater at a speed greater than 10 km/hX26navigating within the inner harbour at a speed greater than 19 km/hX27navigating within the Eastern Gap or Western Gap at a speed greater than 10 km/hX28engaging in any type of recreational water activity in a ship channel or within 20 m of a commercial berthX
PART 16Trois-rivières PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation in a designated areaX2carrying out hot work in a designated areaX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operation in a designated areaX9excavating or removing any material or substance from a designated areaX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated areaX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated areaX19causing a fire or explosion, conducting blasting or setting off fireworks in a designated areaX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX
PART 17Vancouver Fraser PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operation(a) in a designated areaX(b) anywhere elseX2carrying out hot workX3conducting salvage operationsX4placing, storing, handling or transporting dangerous goods, industrial waste or pollutantsX5bunkering, fuelling or oil transfer operations other than cargo operationsX6releasing or transhipping refuse or other similar material or substanceX6.1carrying out an oil transfer operation — other than a cargo operation — a chemical transfer operation or a liquefied gas transfer operation between shipsX7conducting a dredging operationX8excavating or removing any material or substanceX9transhipping, loading or unloading cargo(a) in a designated areaX(b) anywhere elseX10setting off a flare or other signalling deviceX11placing, altering, removing, relocating or operating an aid to navigation, buoy, mooring, float, picket, mark, sign, light, or day markerX12casting adrift a ship or other objectX13building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX13.1depositing or moving landfill or other materialX14fishing(a) in a designated areaX(b) anywhere elseX15conducting a race, regatta, trial, demonstration, organized event or similar activityX16causing a fire or explosion, conducting blasting or setting off fireworksX17placing a placard, bill, sign or deviceX18selling or offering for sale goods or servicesX19distributing circulars, leaflets or advertising materialsX20engaging in any form of provisioning of ships’ stores, including chandlering and solicitationX21swimming(a) in a designated areaX(b) anywhere elseX
PART 18Windsor PortColumn 1Column 2Column 3Column 4ItemActivityAuthorization by posted signs or forms (section 25)Authorization to a person (section 27)Prohibited (section 6)1conducting a diving operationX2carrying out hot work(a) in a designated areaX(b) anywhere elseX3conducting salvage operationsX4placing, storing, handling or transporting(a) explosivesX(b) other dangerous goods, industrial waste and pollutantsX5bunkering or fuellingX6releasing or transhipping refuse or other similar material or substanceX7carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operationX8conducting a dredging operationX9excavating or removing any material or substanceX10transhipping, loading or unloading cargoX11setting off a flare or other signalling deviceX12placing or operating a light or day markerX13placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or signX14casting adrift a ship, log or other objectX15bringing railway rolling stock onto the property managed, held or occupied by the port authorityX16building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or waterX17fishing in a designated areaX18conducting a race, regatta, trial, demonstration, organized event or similar activityX19causing a fire or explosion, conducting blasting or setting off fireworksX20placing a placard, bill, sign or deviceX21selling or offering for sale goods or servicesX22distributing circulars, leaflets or advertising materialsX23engaging in any form of solicitationX24swimming in a designated areaX25navigating between red buoy DP2 west of Peche Island and green buoy DP5 east of Peche Island at a speed greater than 9.3 km/h (5 knots)X
SOR/2000-140, s. 3; SOR/2002-179, ss. 11 to 16; SOR/2004-255, ss. 16(F), 17(E), 18; SOR/2013-42, s. 3; SOR/2016-66, ss. 2 to 12SOR/2020-220, s. 1SOR/2020-220, s. 2SOR/2020-220, s. 3SOR/2020-220, s. 4(Sections 3 and 21)Port Authorities to Which the Canadian Navigable Waters Act Does Not ApplyBelledune Port AuthorityHalifax Port AuthorityMontreal Port AuthorityPrince Rupert Port AuthorityQuebec Port AuthoritySaguenay Port AuthoritySaint John Port AuthoritySept-Îles Port AuthoritySt. John’s Port AuthorityTrois-Rivières Port AuthorityVancouver Fraser Port AuthoritySOR/2000-140, s. 4; SOR/2016-66, s. 132019, c. 28, s. 187RELATED PROVISIONS — SOR/2014-308, s. 2
For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.