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Seaway Property Regulations (SOR/2003-105)

Regulations are current to 2020-11-02 and last amended on 2019-08-28. Previous Versions

Seaway Property Regulations

SOR/2003-105

CANADA MARINE ACT

Registration 2003-03-20

Seaway Property Regulations

P.C. 2003-320  2003-03-20

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 98Footnote a of the Canada Marine ActFootnote b, hereby makes the annexed Seaway Property Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canada Marine Act. (Loi)

allied petroleum product

allied petroleum product means a single hydrocarbon or a mixture of hydrocarbons other than a petroleum product. It includes alcohols, glycols, thinners, solvents, organic chemicals and inks. (produit pétrolier apparenté)

authorization

authorization means an authorization given under Part 3. (autorisation)

designated area

designated area means an area designated by sign or in writing by the Manager in respect of an activity set out in column 1 of the schedule. (endroit désigné)

fee

fee means a fee referred to in subsection 92(1) or (2) of the Act. (droit)

hot work

hot work means any work that uses flame or that may produce a source of ignition, such as heating, cutting or welding. (travail à chaud)

Manager

Manager means The St. Lawrence Seaway Management Corporation. (gestionnaire)

petroleum product

petroleum product means a single hydrocarbon or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used or could be used as a fuel, lubricant or power transmitter. It includes gasoline, diesel fuel, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil and engine oil, including used oil; it excludes propane, paint and solvents. (produit pétrolier)

Seaway property

Seaway property means land and other property managed, operated or used by the Manager in connection with the Seaway. (biens de la voie maritime)

Application

Where Regulations Apply

 These Regulations apply in the Seaway and on Seaway property.

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 the issuance of an approval or an opinion under Part I of that Act to a person other than the Manager or a person acting on the Manager’s behalf.

  • 2019, c. 28, s. 187

Binding on Her Majesty

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

PART 1Safety and Order in the Seaway and on Seaway Property

Prohibitions

 Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in the Seaway or on Seaway property that has or is likely to have any of the following results:

  • (a) to jeopardize the safety or health of persons in the Seaway or on Seaway property;

  • (b) to interfere with navigation in the Seaway;

  • (c) to obstruct or adversely effect any part of the Seaway or Seaway property;

  • (d) to interfere with an activity that is authorized under section 26 or 30 in the Seaway or on Seaway property;

  • (e) 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 Seaway;

  • (f) to cause a nuisance;

  • (g) to cause damage to ships or other property;

  • (h) to adversely affect sediment, soil, air or water quality; or

  • (i) to adversely affect Seaway operations or Seaway property.

  • SOR/2014-102, ss. 1, 21(F)

 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 4.

Access to Seaway Property

 No person shall access Seaway property unless

  • (a) the person does so to conduct an activity that is authorized under section 26 or 30; or

  • (b) access is not restricted by a sign or device or in some other way, such as by a fence.

  • SOR/2014-102, s. 2

Signs and Devices

  •  (1) The Manager may have signs or devices installed in the Seaway or on Seaway property for any of the following purposes:

    • (a) ensuring the safety of persons and property in the Seaway or on Seaway property;

    • (b) ensuring the environmental protection of the Seaway or Seaway property; and

    • (c) ensuring the management of the marine infrastructure of the Seaway and services in connection with the operation of the Seaway in a commercial manner.

  • (2) The Manager may have signs or devices installed in the Seaway or on Seaway property respecting any of the following subject-matters:

    • (a) the safe operation of vehicles;

    • (b) the parking or stopping of vehicles, including the restriction or prohibition of parking or stopping; and

    • (c) restrictions on the weight and dimension of vehicles.

  • SOR/2014-102, s. 2
  •  (1) If a sign or device installed in the Seaway or on Seaway property under the authority of the Manager applies to a person in the Seaway or on Seaway property or in respect of a vehicle being operated by the person on Seaway property, the person shall obey the instructions on the sign or device unless he or she is authorized to do otherwise under section 33.1.

  • (2) No person shall remove, mark or deface any sign or device in the Seaway or on Seaway property.

  • SOR/2014-102, s. 3

Operation of Vehicles

 [Repealed, SOR/2014-102, s. 4]

 Every person who operates a vehicle on Seaway property shall do so in accordance with the laws of the province and municipality in which the Seaway property is situated.

  • SOR/2014-102, s. 6

 No person shall operate a vehicle on Seaway property in such a manner as to cause it to enter a roadway at a place other than a place designated for public access to the roadway.

 Every person who operates a vehicle on Seaway property shall do so in a safe manner and at a speed that does not exceed the lowest of

  • (a) 40 km/h,

  • (b) the speed limit posted under the authority of the Manager on signs, and

  • (c) a lower speed that is warranted by prevailing weather conditions or by the movement or storage of equipment, trains or goods.

  • SOR/2014-102, s. 7(F)

 The Manager may have a vehicle that is on Seaway property moved or stored if the vehicle

  • (a) is apparently abandoned;

  • (b) is parked or stopped

    • (i) in a place or manner that creates a hazard or obstruction, or

    • (ii) at a time that is not within the parking or stopping hours indicated on a sign or device; or

  • (c) is parked or stopped in an area that is

    • (i) not indicated on a sign or device as a parking or stopping area, or

    • (ii) indicated on a sign or device as a no-parking or no-stopping area.

  • SOR/2014-102, s. 8

 If a vehicle referred to in section 14 interferes with navigation, the Manager may have it moved or stored at the expense of the owner or operator of the vehicle or at the expense of the person who was in possession of the vehicle at the time it was found to be parked or stopped.

  • SOR/2014-102, s. 8

Removal — Property or Waters

  •  (1) Unless otherwise authorized under these Regulations, every person who drops, deposits, discharges or spills, in the Seaway or on Seaway property, refuse or a substance that pollutes, an object that interferes with navigation or any cargo or ship’s gear shall

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

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

    • (c) as soon as possible, submit to the Manager a detailed written report of the incident, including the information referred to in paragraph (b).

  • (2) If the person does not immediately remove the refuse, substance, object, cargo or ship’s gear, the Manager may have it removed and, if the refuse, substance, object, cargo or ship’s gear interferes with navigation, the Manager may have it removed at the person’s expense.

  • SOR/2014-102, ss. 9, 21(F)
 
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