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Historic Canals Regulations (SOR/93-220)

Regulations are current to 2022-06-20 and last amended on 2017-02-13. Previous Versions

PART IIControlled Activities and Areas (continued)

Resource Protection (continued)

 Every person who uses or occupies a property or facility in a historic canal shall, on vacating the property or facility, leave it in a clean and orderly condition.

Transportation of Dangerous Goods

  •  (1) No person in charge of a vessel shall allow the vessel to transport any dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 in a historic canal, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to transport dangerous goods in a historic canal.

  • (3) A permit issued under subsection (2) shall specify

    • (a) the type of dangerous goods to be transported;

    • (b) the dates and times when, and the route along which, the goods may be transported; and

    • (c) the period for which the permit is valid.

  • SOR/94-580, s. 1
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 6(E)

Dredge and Fill Operations

  •  (1) No person shall dredge, fill or dredge and fill in a historic canal, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to dredge, fill or dredge and fill in a historic canal.

  • (3) A permit issued under subsection (2) shall specify

    • (a) the dates and times when, the location at which, and the extent to which the dredging, filling or dredging and filling may be carried out; and

    • (b) the period for which the permit is valid.

  • (4) The superintendent may issue a stop work order, a restore order or both to a person who

    • (a) contravenes or fails to comply with the terms and conditions specified in a permit issued under subsection (2); or

    • (b) dredges, fills or dredges and fills in a historic canal without a permit.

  • (5) Where the superintendent issues a stop work order to a person, the person shall comply with the stop work order until such time as the superintendent issues a restore order.

  • (6) Where the superintendent issues a restore order to a person, the person shall

    • (a) in the case of a person to whom a permit was issued, restore at the person’s risk and expense that part of the historic canal that was dredged, filled or dredged and filled, contrary to the terms and conditions of the permit, to the condition that it was in prior to the dredging, filling or dredging and filling or, where applicable, to the condition that was specified in the permit; and

    • (b) in the case of a person without a permit, restore at the person’s risk and expense the historic canal to the condition that it was in prior to the dredging, filling or dredging and filling.

  • SOR/94-580, s. 2
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 7(E)

Signs and Structures

  •  (1) No person shall erect a sign, structure or object over or in a historic canal, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to erect a sign, structure or object over or in a historic canal.

  • (3) A permit issued under subsection (2) shall specify

    • (a) the location at which the sign, structure or object may be erected; and

    • (b) the date before which the sign, structure or object must be removed.

  • (4) Every person who erects a sign, structure or object under this section shall

    • (a) erect it at the person’s risk and expense; and

    • (b) remove it at the person’s risk and expense before the date specified in the permit.

  • SOR/2002-191, s. 5(E)

Organized Events

  •  (1) No person shall convene an organized race, competition, regatta, fair, exhibition, demonstration or any other such organized event or activity in a historic canal, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to convene an organized race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity in a historic canal.

  • (3) A permit issued under subsection (2) shall specify

    • (a) the type of race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity that may be convened and the dates and times when, and the location at which, it may be convened; and

    • (b) the period for which the permit is valid.

  • SOR/94-580, s. 3
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 8(E)

Aircraft Operations

  •  (1) Except in the case of an emergency, no person shall take off, land or moor an aircraft

    • (a) on the navigation channel of a historic canal;

    • (b) on historic canal waters within 100 m of a lock, bridge or dam; or

    • (c) except in accordance with a permit issued under subsection (2), on historic canal waters at a point where the waters are 150 m wide or less.

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to take off, land or moor an aircraft on historic canal waters referred to in paragraph (1)(c).

  • (3) A permit issued under subsection (2) shall specify

    • (a) the dates and times when, and the location at which, the applicant may take off, land or moor an aircraft; and

    • (b) the period for which the permit is valid.

  • SOR/94-580, s. 4
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 9(E)

Camping

 No person shall camp on historic canal lands, except at a campground.

  • SOR/2015-134, s. 21
  •  (1) Subject to section 21, it is prohibited for any person to camp at a campground unless the person

    • (a) holds a permit issued under subsection (2); or

    • (b) is a member of a group in respect of which a permit has been issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to camp at a campground if

    • (a) there is sufficient space available at the campground; and

    • (b) there are sufficient washroom facilities for the number of campers.

  • (3) The permit shall specify the campground’s location and the period for which the permit is valid.

  • SOR/94-580, s. 5
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 10

 [Repealed, SOR/2015-134, s. 10]

 Where a person holds a permit to moor overnight that is issued under subsection 40(5), the person may camp that night at a campground without holding a permit issued under subsection 19(2).

  • SOR/2015-134, s. 21

Fireworks

  •  (1) No person shall discharge fireworks in a historic canal, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to discharge fireworks in a historic canal.

  • (3) A permit issued under subsection (2) shall specify

    • (a) the dates and times when, and the location at which, the applicant may discharge fireworks; and

    • (b) the period for which the permit is valid.

  • SOR/94-580, s. 6
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 11(E)

Fire

  •  (1) No person shall light or maintain a fire on historic canal lands except

    • (a) in a stove, fireplace or other receptacle or place designated for that purpose; or

    • (b) in a portable stove or other similar device in a place designated, by means of a sign or notice, for that purpose.

  • (2) No person who lights or maintains a fire on historic canal lands shall leave the fire unattended.

  • (3) Every person who lights or maintains a fire on historic canal lands shall extinguish the fire when it is no longer required.

Domestic Animals

  •  (1) Every person who brings a pet onto historic canal lands shall ensure that the pet is

    • (a) restrained by a harness or a leash that is no longer than 3 m; or

    • (b) confined in a container or enclosure.

  • (2) Every person who is in charge of a pet on historic canal lands shall ensure that any excrement or other solid waste that originates from the pet is disposed of in a receptacle or removed from the historic canal lands.

  •  (1) Subject to subsection (2) and section 47, no person shall bring livestock onto historic canal lands.

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to bring a horse onto historic canal lands.

  • SOR/2002-191, s. 5(E)

 [Repealed, SOR/2015-134, s. 12]

PART IIINavigation

Fitting of Vessels

 Every owner of a vessel that is in historic canal waters shall ensure that

  • (a) the vessel is fitted with good and sufficient mooring lines; and

  • (b) any fender attached to the vessel is securely fastened to the vessel and made of material that will float.

Condition and Operation of Vessels

 No person in charge of a vessel shall operate the vessel in a historic canal where the dimensions, configuration, draught or condition of the vessel or the goods or equipment on the vessel may

  • (a) damage the historic canal;

  • (b) endanger the safety of persons using the historic canal; or

  • (c) delay or obstruct navigation.

 Every person in charge of a vessel that is in a historic canal shall

  • (a) obey all traffic control devices; and

  • (b) comply with the instructions of employees and peace officers in respect of the safe and orderly use of locks and navigation channels.

 Every person in charge of a vessel that is in a historic canal shall operate the vessel in a manner that ensures that its wake is minimized and that the vessel and its wake do not compromise the safety of persons or vessels or cause damage to the shoreline or to any vessel, works, equipment or object.

  • SOR/2015-134, s. 13

Meeting and Overtaking of Vessels

  •  (1) Where two vessels are approaching a bridge in a historic canal from opposite directions and passage by the bridge can only be made by one vessel at a time, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other at least 100 m downstream of the bridge.

  • (2) Where two vessels are approaching a bend in a narrow navigation channel from opposite directions, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other downstream of the bend.

  • (3) No person in charge of a vessel in a historic canal shall attempt to overtake another vessel while within 300 m of a lock, guard gate or bridge, unless directed to do so by the superintendent or a peace officer.

  • (4) The person in charge of a vessel shall decrease the speed of the vessel to dead slow when the vessel is passing employees working on historic canal waters.

  • SOR/2002-191, s. 5(E)

Precedence at Swing and Lift Bridges

  •  (1) The superintendent shall give precedence to trains at a railway swing or lift bridge.

  • (2) The superintendent shall give precedence to vessels at a highway swing or lift bridge during the hours in which the bridge is scheduled to operate.

  • SOR/2002-191, s. 5(E)

Vessels Passing a Swing or Lift Bridge

  •  (1) Subject to subsection (2) and section 34, no person in charge of a vessel in a historic canal shall attempt to pass the vessel through a swing or lift bridge until the bridge is fully open and

    • (a) no red light is shown by the traffic control device on the bridge; or

    • (b) the person in charge of the vessel is directed by an employee to proceed.

  • (2) Subsection (1) does not apply in respect of a vessel that can safely clear a swing or lift bridge that is fully closed.

  • SOR/2015-134, s. 14(F)
  •  (1) No person in charge of a vessel shall attempt to pass the vessel through the Brighton Road Swing Bridge, situated on Northumberland County Road Number 64 on the Murray Canal along the Trent-Severn Waterway, except in accordance with a permit issued under subsection (2).

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to pass the vessel through the Brighton Road Swing Bridge.

  • (3) [Repealed, SOR/2015-134, s. 15]

  • SOR/94-580, s. 7
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 15

Passing of Vessels through a Lock

  •  (1) No person in charge of a vessel shall allow the vessel to leave an approach wharf to enter a lock of a historic canal, or to leave a lock, until the lock gate or gates are fully open and

    • (a) no red light or flashing red light is shown by the traffic control device on the lock; or

    • (b) the person in charge of the vessel is directed by an employee to proceed.

  • (2) Every person in charge of a vessel waiting to enter a lock of a historic canal shall give way to vessels leaving the lock.

  • (3) No person in charge of a vessel shall allow the vessel to pass through a lock of a historic canal unless the vessel is equipped in accordance with section 27.

  • SOR/2015-134, s. 16
  • SOR/2017-21, s. 14(F)

 Every person in charge of a vessel that is passing through a lock of a historic canal shall ensure that

  • (a) the vessel is positioned and secured in the lock as directed by an employee;

  • (b) each mooring line of the vessel is attended by at least one member of the crew during the period that the vessel is passing through the lock; and

  • (c) the engine compartment blower or exhaust fan is operating.

 
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