Port Authorities Operations Regulations (SOR/2000-55)

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.

Authorizations to Persons

• 27 (1) A port authority may give a written authorization under this section to a person to conduct, in the port, an activity set out in column 1 of the activity list 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 for the conduct of the activity under section 25.

• (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 28(2), the port authority shall

  • (a) give its 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 5,

    • (i) refuse to give its authorization, or

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

  • (c) if the port authority 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 its authorization.

• 28 (1) 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 3 unless the person

  • (a) obtains an authorization under section 27 or is covered by an authorization given under that section; and

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

• (2) A person that seeks an authorization from a port authority to conduct an activity in the port shall provide to the port authority

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

  • (b) the applicable fee, if any;

  • (c) information relevant to the proposed activity and required by the port authority to assess the likelihood of the occurrence of any of the results prohibited under section 5;

  • (d) if required by the port authority, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names the port authority as an additional insured and provides for the insurer to notify the port authority in the event that the policy is amended or cancelled; and

  • (e) if required by the port authority, performance security and damage security in respect of the conduct of the activity.

29 A port authority may cancel an authorization given under section 27 or change the conditions to which an authorization is subject if

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

• (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.

• 30 (1) If an authorization given under section 27 is cancelled, the port authority shall 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 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

• 31 (1) A port authority may instruct a person to take any of the actions prescribed under subsection (2) if

  • (a) the person conducts an activity that is prohibited under section 6;

  • (b) the person conducts an activity for which an authorization is required under section 27 without first obtaining the authorization or without being covered by one;

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

  • (d) the authorization to conduct the activity is cancelled under section 29; or

  • (e) 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 5.

• (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 port in connection with the activity,

    • (ii) to return to the port 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 shall immediately comply with the instructions of the port authority.

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

• (5) If the thing removed or stored by the port authority interfered with navigation, the removal and, if applicable, the storage may be done at the expense of the person.

Container Trucking — Port Metro Vancouver

• 31.1 (1) The following definitions apply in this section.

  Authority

  Authority means the Vancouver Fraser Port Authority. (Administration)

  authorization

  authorization means a written authorization issued by the Authority to transport containers by truck in Port Metro Vancouver. (autorisation)

  Container Trucking Act

  Container Trucking Act means the British Columbia Container Trucking Act, S.B.C. 2014, c. 28. (loi sur le transport de conteneurs par camion)

  Port Metro Vancouver

  Port Metro Vancouver means the Authority’s port. (Port Metro Vancouver)

• (2) Subject to subsections (5) and (6), the Authority shall not permit a truck to gain access to Port Metro Vancouver for the purpose of transporting a container unless

  • (a) the driver of the truck is employed by or is acting, either directly or indirectly, on behalf of a person who holds a valid authorization;

  • (b) the person who holds the authorization also holds a licence under the Container Trucking Act to transport containers by truck in Port Metro Vancouver; and

  • (c) the licence is not under suspension.

• (3) An authorization is valid if the holder complies with, or ensures that the holder’s drivers comply with, any of the following requirements that are established by the Authority and specified in the authorization:

  • (a) requirements respecting an appointment or reservation system for trucks;

  • (b) requirements respecting the identification of trucks that gain access to Port Metro Vancouver; and

  • (c) requirements respecting the tracking and monitoring of trucks in Port Metro Vancouver.

• (4) For greater certainty, a licence referred to in paragraph (2)(b) includes an authorization that is deemed to be a licence under the Container Trucking Act.

• (5) Subsection (2) does not apply if there is an emergency that poses a risk to the safety of persons or property in Port Metro Vancouver or a risk to the environment and if containers must be transported by truck to mitigate or help mitigate that risk.

• (6) Paragraphs (2)(b) and (c) do not apply in respect of a truck that is transporting a container to or from a location outside of the Lower Mainland of British Columbia.

PART 4Ships and Cargoes

Information in Respect of Ships and Cargoes

• 32 (1) This section applies in respect of ships of a class for which fees are fixed under subsection 49(1) of the Act.

• (2) This section does not apply in respect of pleasure craft.

• (3) At least 24 hours before a ship enters a port, the owner or the person in charge of the ship shall provide the following information to the port authority if the information has not already been provided for the purpose of obtaining a traffic clearance:

  • (a) the name of the ship, its port of registry and its identification number as it appears in the Lloyd’s Register of Shipping or on the ship’s certificate;

  • (b) the name of the owner, the master and the agent of the ship;

  • (c) the gross tonnage of the ship and its length overall;

  • (d) the port from which and the date on which the ship began its voyage;

  • (e) the estimated time of arrival of the ship in the port;

  • (f) the estimated draught of the ship on arrival in the port and on departure;

  • (g) the description, quantity and tonnage of dangerous goods that are in transit on the ship or that will be loaded, unloaded or transferred in the port, in the form provided by the port authority;

  • (h) the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the port;

  • (i) the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship;

  • (j) if the ship is not engaged in cargo or passenger operations, the purpose of the ship’s visit to the port;

  • (k) the last port of call of the ship and its next intended port of call; and

  • (l) any other information requested by the port authority and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 5 or to the management of the marine infrastructure and services of the port in a commercial manner.

• (4) The owner or the person in charge of the ship shall provide the port authority with the description, quantity and tonnage of the cargo loaded, unloaded or transferred at each berth or anchorage within 24 hours after the loading, unloading or transferral.

• (5) The information shall be provided by

  • (a) delivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; or

  • (b) sending it by facsimile or electronic transmission.