Natural and Man-made Harbour Navigation and Use Regulations (SOR/2005-73)

Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canada Marine Act. (Loi)

dangerous goods

dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

floating structure

floating structure means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. (construction flottante)

harbour

harbour means the navigable waters of a natural or man-made harbour that have been designated by the Governor in Council under subsection 104(2) of the Act. (port)

harbour official

harbour official, with respect to a harbour, means a traffic control official designated by the Minister under section 106 of the Act or an enforcement officer designated by the Minister under subsection 108(1) of the Act. (responsable de port)

Binding on Her Majesty

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

Safety of Persons and Ships in Harbours

Prohibitions

3 Unless otherwise authorized under these Regulations, no person shall, by act or omission, adversely affect the use of a harbour, interfere with navigation in a harbour or jeopardize the safety of persons or ships in a harbour by doing anything or permitting anything to be done that has or is likely to have any of the following results in the harbour:

• (a) to obstruct or threaten any part of the harbour;

• (b) to interfere with an authorized activity;

• (c) 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;

• (d) to cause a nuisance;

• (e) to cause injury to persons or damage to ships; or

• (f) to adversely affect sediment or water quality.

Removal from Waters

• 4 (1) Unless otherwise authorized under these Regulations, a person who, adversely affects the use of a harbour, interferes with navigation in a harbour or jeopardizes the safety of persons or ships in a harbour by dropping, depositing, discharging or spilling refuse, a substance that pollutes, cargo, ship’s gear or any other object must

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

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

  • (c) as soon as possible, provide to the harbour official a detailed written report containing the information mentioned in paragraph (b).

• (2) If the person does not remove the refuse, polluting substance, cargo, ship’s gear or object immediately, the harbour official may have it done.

Fire Protection

5 Every person in a harbour must follow the fire protection and prevention measures established for the safety of persons and ships in the harbour, taking into account the activities in the harbour.

Dangerous Situations

6 Every person who, by act or omission, causes a dangerous situation in a harbour must immediately take appropriate precautionary measures to prevent injury to persons or damage to ships and notify a harbour official without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.

Emergencies

7 Despite any other provision of these Regulations, a person may, in a harbour, conduct an activity set out in column 1 of the schedule without having a contract or lease with, or a licence granted by, the Minister of National Defence or an authorization from a harbour official or without 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 ships;

• (b) the person conducting the activity makes every effort to notify a harbour official of the activity and the emergency situation, if practicable; and

• (c) the person conducting the activity submits a detailed written report to the harbour official without delay describing the activity and explaining why the situation was regarded as an emergency.

8 If an activity in a harbour causes or is likely to cause an emergency situation that jeopardizes the safety of persons or ships, the person conducting the activity and, in the case of an activity conducted under a contract, lease, licence or authorization, the person authorized to conduct the activity must

• (a) notify a harbour official without delay of the emergency situation;

• (b) submit a detailed written report of the emergency situation to the harbour official as soon as possible after the situation ceases to exist; and

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

Accidents and Incidents

9 A person who does anything in a harbour that results in an incident involving injury to persons or damage to ships, including an explosion, fire, accident, grounding, or stranding must

• (a) notify a harbour official of the incident without delay; and

• (b) submit a detailed written report of the incident to the harbour official as soon as possible after the incident occurs.

Precautionary Measures

• 10 (1) If, in a harbour, a person conducts an activity, other than an activity set out in the schedule, that is likely to have any of the results prohibited under section 3, a harbour official may instruct the person conducting the activity to cease the activity or authorize the person to conduct the activity on condition that the person takes measures reasonably necessary to mitigate or prevent the result.

• (2) The person must immediately comply with the instructions of the harbour official.

Authorizations and Instructions for Activities in a Harbour

Activities under Contracts, Leases and Licences

11 A person may, in a harbour, 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 Minister of National Defence.

12 If, by entering into a contract or lease or granting a licence, the Minister of National Defence 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 3, that Minister may 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 must take measures reasonably necessary to mitigate or prevent the result.

Authorizations by Posted Signs, Nautical Charts, Maps or Forms

• 13 (1) Subject to subsections (2) and (3), a harbour official may, by such means as posted signs, nautical charts, maps or forms, give an authorization under this section to conduct, in a harbour, an activity set out in column 1 of the schedule if an “X” is set out in column 2.

• (2) If the conduct of the activity is not likely to have a result prohibited under section 3, the harbour official may give the authorization without conditions to persons wanting to conduct the activity.

• (3) If the conduct of the activity is likely to have a result prohibited under section 3, the harbour official may give the authorization for the activity only if the harbour official

  • (a) establishes conditions designed to mitigate or prevent the result; and

  • (b) communicates the conditions by posting them in a prominent place clearly visible to persons wanting to conduct the activity or setting them out on forms that are readily available to persons wanting to conduct the activity.

• 14 (1) No person shall conduct an activity set out in column 1 of the schedule 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.

• (2) If a condition for conducting the activity is to complete a checklist, the person conducting the activity must keep the checklist readily available for inspection.

Authorization to a Person

• 15 (1) A harbour official may give an authorization under this section to a person to conduct, in a harbour, an activity set out in column 1 of the schedule if

  • (a) an “X” is set out in column 3; or

  • (b) an “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 under section 13 for the conduct of the activity.

• (2) On receipt of a request for an authorization and the information required under subsection 16(2), the harbour official must

  • (a) give their authorization;

  • (b) 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 3,

    • (i) refuse to give their authorization, or

    • (ii) give their authorization subject to conditions designed to mitigate or prevent the results; or

  • (c) if the harbour official 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 their authorization.

• 16 (1) No person shall, in a harbour, 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 15 or is covered by an authorization given under that section; and

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

• (2) A person who seeks an authorization from a harbour official to conduct an activity in a harbour must provide to the harbour official

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

  • (b) information relevant to the proposed activity and required by the harbour official to assess the likelihood of the occurrence of any of the results prohibited under section 3;

  • (c) if required by the harbour official, proof that the person seeking the authorization has an insurance policy that provides adequate coverage for the activity, names Her Majesty in right of Canada as an additional insured and provides for the insurer to notify the harbour official in the event that the policy is amended or cancelled; and

  • (d) if required by the harbour official, performance security and damage security in respect of the conduct of the activity.

17 A harbour official may cancel an authorization given under section 15 or change the conditions to which an authorization is subject if

• (a) the conduct of the activity has a result prohibited under section 3 or, because of a change in circumstances, becomes likely to have such a result or the result of the activity becomes uncertain;

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

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

• 18 (1) If an authorization given under section 15 is cancelled, the harbour official must give notice of the cancellation to the person to whom the authorization was given.

• (2) The cancellation is effective at the earliest of

  • (a) the end of the fifth business day after the notice of cancellation is sent by registered mail to the address provided in the application for the authorization;

  • (b) 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; and

  • (c) immediately on service of the notice of cancellation at the address provided in the application for the authorization.

Instructions to Cease, Remove, Return and Restore

• 19 (1) A harbour official may instruct a person to take any of the actions referred to in subsection (2) if

  • (a) the person conducts an activity for which an authorization is required under section 15 without first obtaining the authorization or without being covered by one;

  • (b) the person, or any person covered by the authorization, fails to comply with a condition of the authorization;

  • (c) the authorization to conduct the activity is cancelled under section 17; or

  • (d) in 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 3.

• (2) The actions are

  • (a) to cease the activity or comply with the conditions for conducting the activity; and

  • (b) if the person is instructed to cease the activity,

    • (i) to remove anything brought into the harbour in connection with the activity,

    • (ii) to return to the harbour anything that was removed from it in connection with the activity, and

    • (iii) to restore the property affected by the activity to its former state.

• (3) The person must comply immediately with the instructions of the harbour official.

• (4) If the person fails to remove the thing or to restore the property immediately, the harbour official may conduct the removal or restoration and may store the thing.