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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

PART 1Safety and Order in the Seaway and on Seaway Property (continued)

Fire Protection

 Every person in the Seaway or on Seaway property shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property, taking into account the activities and goods in the Seaway and on Seaway property.

Dangerous Situations

 Every person who by act or omission causes a dangerous situation in the Seaway or on Seaway property shall

  • (a) take one or both of the following precautions:

    • (i) 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, or

    • (ii) station a person at the site of the dangerous situation to warn persons of the danger;

  • (b) take appropriate measures to prevent injury to persons or damage to property; and

  • (c) notify the Manager without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.

  • SOR/2014-102, s. 10(F)

Emergencies

 Despite any other provision of these Regulations, a person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule without having a contract, lease or licence or an authorization given by the Manager or complying with the conditions of an authorization for the duration of an emergency situation if

  • (a) the 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; and

  • (b) without delay, the person conducting the activity submits a written report to the Manager 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 the Seaway or on Seaway property or if the situation causes or is likely to cause damage to 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 shall

  • (a) without delay, notify the Manager that there is an emergency situation;

  • (b) submit a detailed written report of the emergency situation to the Manager as soon as possible after it begins; and

  • (c) at the request of the Manager, submit with the report a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.

  • SOR/2014-102, s. 11

Accidents and Incidents

 A person who does anything in the Seaway or on Seaway property 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 written report of the incident to the Manager without delay.

Precautionary Measures

 If, in the Seaway or on Seaway property, a person conducts an activity that is likely to have any of the results prohibited under section 5 and for which no authorization under these Regulations is required, the Manager may instruct the person to cease the activity or to take the precautions necessary to mitigate or prevent the result.

  • SOR/2014-102, s. 12

PART 2Activities of the Manager

General

 If the Manager is the proponent of an activity that is set out in column 1 of the schedule and that 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

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

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

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

Works within the Meaning of the Canadian Navigable Waters Act

Authority to Build

 Subject to any agreement between the Minister and the Manager entered into under subsection 80(5) of the Act, any agreement between Canada and the United States in respect of the Seaway and section 25, the Manager or a person acting on behalf of the Manager may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the Seaway a work within the meaning of the Canadian Navigable Waters Act that may interfere with navigation.

  • SOR/2014-102, s. 21(F)
  • 2019, c. 28, s. 187

Assessments and Reports

  •  (1) Before carrying out an activity referred to in section 24, the Manager shall conduct an assessment of the impact of the work on navigation in the Seaway.

  • (2) The Manager shall ensure that a written report that summarizes the assessment is prepared before the activity in respect of the work is begun.

  • (3) The Manager shall

    • (a) if the assessment indicates that the work would be likely to have an adverse effect on safety in respect of navigation in the Seaway, take appropriate measures designed to mitigate the effect, if technically and economically feasible; and

    • (b) if the assessment indicates that the work would be likely to 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/2014-102, s. 13(F)

PART 3Authorizations and Instructions for Activities in the Seaway or on Seaway Property

Activities under Contracts, Leases and Licences

 A person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule 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 Manager.

 If, by entering into a contract or lease or granting a licence, the Manager authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 5, the Manager 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.

[28 and 29 reserved]

Authorizations to Persons

  •  (1) The Manager may give a written authorization under this section to a person to conduct, in the Seaway or on Seaway property, an activity set out in column 1 of the schedule if an “X” is set out in column 3.

  • (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 31(2), the Manager shall

    • (a) give its authorization;

    • (b) refuse to give 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 and the results cannot be mitigated or prevented;

    • (c) if the conduct of the activity is likely to have any of the results prohibited under section 5, give its authorization subject to conditions that are designed to mitigate or prevent the results; or

    • (d) refuse to give its authorization if the person’s insurance coverage is inadequate for the conduct of the activity.

  • SOR/2014-102, s. 14
  •  (1) 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 3 unless the person

    • (a) obtains an authorization under section 30 or is covered by an authorization given to an undertaking or organization under that section; and

    • (b) complies with the conditions, if any, of the authorization.

  • (2) A person that seeks an authorization from the Manager to conduct an activity in the Seaway or on Seaway property shall provide to the Manager

    • (a) the name and address of the person;

    • (b) the applicable fee, if any;

    • (c) any information relevant to the proposed activity that is necessary to assess the likelihood of the occurrence of any of the results prohibited under section 5;

    • (d) if any of the results prohibited under section 5 are likely to occur, proof that the applicant has an insurance policy that provides adequate coverage for the conduct of the activity, that names the Manager as an additional insured and that provides for the insurer to notify the Manager in the event that the policy is amended or cancelled; and

    • (e) if any of the results prohibited under section 5 are likely to occur, performance security and damage security in respect of the conduct of the activity.

  • SOR/2014-102, s. 15

 The Manager may cancel an authorization given under section 30 or change the conditions to which an authorization is subject if

  • (a) the conduct of the activity has a result that is prohibited under section 5 or, because of a change in circumstances, it becomes likely to have such a result or the result of it becomes unclear;

  • (b) 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;

  • (c) the authorization was based on incorrect or misleading information; or

  • (d) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.

 
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