Canal Regulations (C.R.C., c. 1564)

Short Title

1 These Regulations may be cited as the Canal Regulations.

Interpretation

2 In these Regulations,

approach wharf

approach wharf means that section of a wharf or wall as defined by appropriate signs immediately above and below a lock; (quai d’approche)

basin

basin means any navigable area, whether or not it includes a part of the normal canal prism provided for the loading, unloading, turning or passing of vessels; (bassin)

bridgemaster

bridgemaster means a person actually on duty in charge of a bridge; (maître-pontier)

Chief

Chief means the Chief, Canals Division, Department of Transport, or such person duly appointed to act in that behalf; (chef)

Collision Regulations

Collision Regulations[Repealed, SOR/2008-272, s. 52]

damkeeper

damkeeper means a person actually on duty in charge of a dam; (barragiste)

Department

Department means the Department of Transport; (ministère)

despatcher

despatcher means a person actually on duty operating a marine radiotelephone station for controlling ship traffic entering or within a canal; (agent régulateur)

employee

employee includes any person, not being an officer, employed in the Department; (employé)

goods

goods means any animal, commodity or merchandise; (marchandises)

lockmaster

lockmaster means a person actually on duty in charge of a lock; (maître-éclusier)

lying in wait

lying in wait means the waiting of a vessel, during the season of navigation, for a berth in such portion of a canal designated by the Superintending Engineer for the purpose of the lying-up of vessels; (en attente)

lying-up

lying-up means the occupying by a vessel, during the season of navigation, of a berth in such portion of a canal designated by the Superintending Engineer for that purpose; (séjour)

marine railway operator

marine railway operator means a person actually on duty in charge of a marine railway; (conducteur de ber)

master

master means any person in charge of a vessel, except a pilot; (capitaine)

Minister

Minister means the Minister of Transport; (ministre)

officer

officer means any person employed in the Department exercising control in connection with the canals; (fonctionnaire)

owner

owner, as applied to goods, includes the consignor and the consignee of the goods; (propriétaire)

owner

owner, as applied to a vessel, includes the authorized agent of the owner; (propriétaire)

package freight

package freight means goods bagged, baled, boxed, bundled, crated, wrapped, enclosed or bound for transportation; (marchandises en colis)

pleasure craft

pleasure craft means a non-motorized vessel carrying passengers who are engaged in pleasure, recreation and leisure time pursuits and includes any motorized vessel serving Parks Canada in the operation, management and administration of a canal; (bateau de plaisance)

restricted area

restricted area means any area of canal land declared by the Superintending Engineer to be an area upon which no goods are to be deposited; (zone interdite)

season of navigation

season of navigation means the period from the date of the official opening to the date of the official closing of navigation, both dates inclusive; (saison de navigation)

side wharfage charges

side wharfage charges means charges levied on a vessel loading, unloading or lying in wait in a canal; (droit d’accostage)

storage charges

storage charges means charges levied on goods occupying unleased canal property; (droit d’entreposage)

Superintending Engineer

Superintending Engineer and Superintendent means, respectively, the person holding the office of Superintending Engineer or Superintendent of any of the canals under the jurisdiction of the Department, or any person duly authorized to act for any such officer; (ingénieur-surintendantandsurintendant)

top wharfage charges

top wharfage charges means charges levied on goods loaded on or unloaded from a vessel in a canal; (droit de terre-plein)

tow

tow means to push, pull or otherwise move through the water; (remorquer or touer)

unrestricted area

unrestricted area means an area of unleased land not included in a restricted area; (zone libre)

vessel

vessel means any ship, boat or other floating craft or equipment; (navire)

vessel traffic controller

vessel traffic controller means the officer who controls vessel traffic in the Sault Ste. Marie (Canada) Canal; (contrôleur du trafic maritime)

wintering

wintering means the occupying, by a vessel, during the non-navigation season of a berth within the limits of the canals, whether such vessel be afloat or otherwise. (hivernage)

PART IGeneral Regulations

Application

3 Except as otherwise provided in Part II, this Part applies to all canals under the jurisdiction of the Department as set out in Schedule I.

Canal Regulations and Customs Clearance Papers

• 4 (1) A copy of these Regulations shall at all times be kept on board each vessel navigating the canals.

• (2) Customs clearance papers of vessels shall be shown to any Superintendent or lockmaster when required or passage through the canal may be refused.

Licensing of Vessels

5 No person shall operate a vessel, other than a canoe or skiff, that is not equipped for propulsion by sail or mechanical means, through a lock of any canal unless

• (a) the vessel is registered under the Canada Shipping Act;

• (b) a licence in respect of the vessel issued under the Canada Shipping Act is in force; or

• (c) the vessel is registered or licensed and marked in accordance with the laws of another country.

Canal Vessel Permits

• 6 (1) Subject to subsection (2) and section 8, no vessel, other than a canoe or skiff that is not equipped for propulsion by sail or mechanical means, shall pass through a lock of the St. Ours, Chambly, Ste. Anne or Carillon Canal in the Province of Quebec or the Rideau or Trent Canal in the Province of Ontario without a permit issued under section 7.

• (2) Any vessel may pass through a lock of a canal referred to in subsection (1) for the purpose of obtaining a permit if the vessel does not proceed further along the canal than a lock station where permits are issued.

• 7 (1) Subject to sections 8 to 10, a Superintendent or Superintending Engineer or any person authorized by a Superintendent or Superintending Engineer shall, upon payment by the owner or master of a vessel of the toll set out for that vessel in Schedule VI, issue a permit authorizing that vessel to pass through the locks of any canal referred to in subsection 6(1).

• (2) A permit issued under subsection (1) shall

  • (a) show prominently on the face of the permit the name or number of the vessel to which the permit applies;

  • (b) except on a seasonal permit, have the expiry date endorsed on the back of the permit by a lockmaster on the first day of use; and

  • (c) be produced by the operator or master of the vessel for examination by an officer, upon request or demand.

• (3) A permit issued under subsection 7(1) shall not be used for any vessel other than the vessel to which it applies.

8 A Superintendent or Superintending Engineer or any person authorized by a Superintendent or Superintending Engineer shall, upon written request, issue a special permit for any vessel of a federal, provincial or municipal agency that is used in a canal on official business without payment of the toll set out for that vessel in Schedule VI.

9 A Superintendent or Superintending Engineer or any person authorized by a Superintendent or Superintending Engineer shall, upon written request and presentation of satisfactory proof of age, issue a special permit for a vessel not exceeding 24 feet in length that is owned and operated or chartered and operated by a Canadian citizen 65 years of age or over, without payment of the toll set out for that vessel in Schedule VI.

10 A Superintendent or Superintending Engineer or any person authorized by a Superintendent or Superintending Engineer shall, upon written request, issue a special permit for any vessel of a community sponsored non-profit organization that is used in a canal on official business as a safety and security vessel without payment of the toll set out for that vessel in Schedule VI.

Statistical Data Requirements

11 No vessel, except pleasure craft of 40 feet or less in length, shall use any canal without furnishing to the statistical officer a detailed report signed by the master or the owner of the vessel and made out on the regular printed Ship’s Report form showing its registered gross and net tonnage, the nature and quantity of the cargo, its destination, and, if so required, certified copies of the bills of lading or of the vessel’s manifest shall also be furnished.

Condition and Manning of Vessels

• 12 (1) The Chief, Superintending Engineer or Superintendent may deny a vessel passage through a canal or any part thereof when, in his opinion, the character or condition of the cargo, hull, equipment or machinery is such as to endanger the structures pertaining to the canal, cause delay to navigation or render the vessel liable to obstruct the canal.

• (2) No vessel manned with a crew insufficient or incompetent, in the opinion of the Chief, the Superintending Engineer or the Superintendent, to operate and navigate the vessel in a safe manner, shall enter or proceed in any canal, and the master of such vessel shall act in accordance with the instructions of the Chief, Superintending Engineer or Superintendent.

Examination of Vessels

13 The Chief, Superintending Engineer or Superintendent may stop any vessel in a canal and enter on the vessel for the purpose of examining the vessel, checking the crew or verifying any permit, pass, manifest, Ship’s Report, vessel licence or registration.

Draught of Vessels

• 14 (1) Every vessel that draws five feet or over when navigating a canal shall be correctly and distinctly marked at the bow and stern to show the exact draught fore and aft, and no vessel without such marks shall enter any canal.

• (2) When required, the master of a vessel shall produce a duly sworn certificate from the last drydock the vessel was in, certifying that the draught marks are correct.

• (3) No vessel shall enter or pass through any lock or reach of any canal unless the depth of water on the controlling point for draught in such lock or reach exceeds by at least three inches, or such other clearance as may be determined by the Chief, the maximum draught of the vessel at the time.

• (4) Subject to the provisions of subsections (3) and (5), no vessel shall enter or proceed in any canal specified in Schedule II drawing more than the depth of water set out opposite each canal.

• (5) The Chief may increase or decrease the draught limits set out in Schedule II.