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

Regulations are current to 2020-11-17

Authorizations and Instructions for Activities in a Harbour (continued)

Authorization to a Person (continued)

  •  (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.

 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.

  •  (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

  •  (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.

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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