Port Authorities Operations Regulations (SOR/2000-55)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Canada Marine Act. (Loi)

activity list

activity list, in respect of a port, means the Part of Schedule 1 particular to that port. (liste des activités)

dangerous goods

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

designated area

designated area means an area designated by a port authority in respect of an activity set out in column 1 of an activity list. (endroit désigné)

fee

fee means a fee fixed under subsection 49(1) of the Canada Marine Act or accepted by a port authority under section 53 of that Act. (droit)

hot work

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

Application

Where Regulations Apply

2 Subject to section 3, these Regulations apply in respect of the navigable waters of a port, works and activities in a port and the property managed, held or occupied by a port authority.

Where Regulations Do Not Apply — Canadian Navigable Waters Act

3 These Regulations do not apply in respect of that aspect of a work, within the meaning of the Canadian Navigable Waters Act, that involves a determination under that Act by the Minister as to whether the work will interfere with navigation if the work is built, placed, rebuilt, repaired or altered in, on, over, under, through or across the navigable waters of a port by

• (a) a port authority other than a port authority set out in Schedule 2; or

• (b) any person other than a person conducting those activities on behalf of a port authority set out in Schedule 2.

Binding on Her Majesty

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

PART 1Safety and Order in Ports

Prohibitions

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

• (a) to jeopardize the safety or health of persons in the port;

• (b) to interfere with navigation;

• (c) to obstruct or threaten any part of the port;

• (d) to interfere with an authorized activity in the port;

• (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 port;

• (f) to cause a nuisance;

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

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

• (i) to adversely affect port operations or the property managed, held or occupied by the port authority.

6 No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 4.

Access to Port Property

7 No person shall access any area managed, held or occupied by a port authority unless

• (a) the person accesses the area to conduct legitimate business in the port;

• (b) the person is authorized by the port authority to access the area; or

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

Signs

8 A port authority may have signs posted or devices installed for the purpose of ensuring the safety of persons and property in a port, the environmental protection of the port or the management of the marine infrastructure and services of the port in a commercial manner.

• 9 (1) Every person in a port must comply with the instructions on signs posted and with devices installed under the authority of the port authority unless the person is authorized by the port authority to do otherwise.

• (2) No person shall remove, mark or deface any sign or device in a port.

Operation of Vehicles

• 10 (1) Every person who operates a vehicle on property managed, held or occupied by a port authority shall do so in a safe manner and at a speed that does not exceed the lower of

  • (a) the speed limit posted under the authority of the port authority on signs on the property, and

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

• (2) [Repealed, SOR/2002-179, s. 1]

• 11 (1) A port authority may have signs and devices installed on property managed, held or occupied by it respecting

  • (a) the safe operation of vehicles; and

  • (b) the parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping.

• (2) Every person who operates a vehicle on property managed, held or occupied by a port authority shall obey

  • (a) the instructions on any sign posted or device placed under the authority of the port authority and applicable to the person, vehicle or property; and

  • (b) traffic directions given by a person authorized for that purpose by the port authority.

• (3) The owner of a vehicle that is parked or stopped contrary to an instruction or direction referred to in subsection (2) and any person in possession of the vehicle may be held liable.

12 A port authority may have a vehicle moved or stored at the time at which the vehicle is found to be parked or stopped contrary to this section if the vehicle is

• (a) apparently abandoned;

• (b) 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 posted parking or stopping hours; or

• (c) parked or stopped in an area

  • (i) not posted as a parking or stopping area, or

  • (ii) posted as a no-parking or no-stopping area.

Removal — Property or Waters

• 13 (1) Unless otherwise authorized under these Regulations, a person who, in a port, drops, deposits, discharges or spills refuse, a substance that pollutes, cargo, ship’s gear or any other thing that interferes with navigation shall

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

  • (b) notify the port authority of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location.

• (2) If the person does not remove the refuse, substance, cargo, ship’s gear or thing immediately, the port authority may conduct the removal and, if the thing removed interfered with navigation, the removal may be done at the expense of the person.

Fire Protection

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

Dangerous Situations

15 Every person who by act or omission causes a dangerous situation in a port shall

• (a) take one 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 port authority without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.

Emergencies

16 Despite any other provision of these Regulations, a person may, in a port, conduct an activity set out in column 1 of the activity list without having a contract, lease or licence or an authorization from the port authority 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 report to the port authority describing the activity and explaining why the situation was regarded as an emergency.

17 If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a port damages or is likely to damage 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 port authority that there is an emergency situation;

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

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

Accidents and Incidents

18 A person who does anything in a port 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 report of the incident to the port authority without delay.

Precautionary Measures

• 19 (1) If, in a port, a person conducts an activity, other than an activity set out in Schedule 1, that is likely to have any of the results prohibited under section 5, a port authority may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result.

• (2) The person shall immediately comply with the instructions of the port authority.

PART 2Port Authority Activities

General

20 If a port authority is the proponent of an activity that is set out in column 1 of the activity list and 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 the responsibility of the port authority for the safety of persons and property in the port, the environmental protection of the port and the management of the marine infrastructure and services of the port in a commercial manner.

Works within the Meaning of the Canadian Navigable Waters Act

Authority to Build

21 Subject to its letters patent and section 22, a port authority set out in Schedule 2 or a person acting on behalf of a port authority set out in Schedule 2 may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the port a work within the meaning of the Canadian Navigable Waters Act that may interfere with navigation.

Assessments and Reports

• 22 (1) Before carrying out an activity referred to in section 21, the port authority shall conduct an assessment of the impact of the work on navigation in the port.

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

• (3) The port authority shall

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

  • (b) if the assessment indicates that the work would 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.

PART 3Authorizations and Instructions for Activities in Ports

Activities under Contracts, Leases and Licences

23 A person may, in a port, conduct an activity set out in column 1 of the activity list 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 port authority.

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

Authorizations by Posted Signs or Forms

• 25 (1) Subject to subsections (2) and (3), a port authority may, by means of posted signs or by forms, give an authorization under this section to conduct in the port an activity set out in column 1 of the activity list 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 5, the port authority may give the authorization without conditions, as long as the authorization is posted in a prominent place clearly visible to persons wanting to conduct the activity.

• (3) If the conduct of the activity is likely to have a result prohibited under section 5, the port authority may give the authorization only if, for the activity, it

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

  • (b) communicates the conditions by

    • (i) posting them in a prominent place clearly visible to persons wanting to conduct the activity, or

    • (ii) setting them out in forms that are readily available to persons wanting to conduct the activity.

• 26 (1) No person shall conduct an activity set out in column 1 of the activity list 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 and pays the applicable fee, if any.

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