Historic Canals Regulations (SOR/93-220)

Regulations are current to 2019-06-20 and last amended on 2017-02-13. Previous Versions

PART IGeneral (continued)

Powers of a Peace Officer

 A peace officer may arrest without warrant any person found committing an act in contravention of these Regulations.

Permits

  •  (1) Every person to whom a permit is issued under these Regulations shall

    • (a) where the permit is issued authorizing the person or a vessel in the charge of the person to engage in an activity, ensure that the permit is carried

      • (i) on the person while the person is engaged in the activity, where the permit is issued under subsection 11(2), 14(2), 15(2), 16(2), 19(2), 22(2), 44(2) or 45(2), or

      • (ii) on board while the person or the vessel is engaged in the activity, where the permit is issued under subsection 13(2), 17(2), 39(2), 40(5), 42(2) or 43(2);

    • (b) produce the permit at the request of the superintendent or an employee;

    • (c) comply with the terms and conditions specified in the permit; and

    • (d) notify the superintendent of any corrections to information provided in an application to obtain the permit as soon as possible after learning of them.

  • (2) No permit is transferable to any other person or vessel.

  • (3) The superintendent may cancel a permit where

    • (a) the purpose for which the permit was issued no longer applies; or

    • (b) the person to whom the permit is issued

      • (i) contravenes or fails to comply with the terms and conditions of the permit or these Regulations, or

      • (ii) provides incorrect, false or misleading information to the superintendent in an application to obtain the permit.

  • (4) The superintendent may amend a permit at no cost to the applicant.

  • SOR/2002-191, s. 5(E)
  •  (1) If the superintendent cancels a permit, the superintendent shall, as soon as feasible after making the decision, provide written notice of the cancellation, including reasons, to the permit holder.

  • (2) Any person whose permit has been cancelled may submit a written request for a review of that decision to the Chief Executive Officer of the Parks Canada Agency within 30 days after the date of the notice.

  • (3) The Chief Executive Officer shall, within 30 days after the day on which the request is received, complete the review and provide written notice of the decision, including reasons, to the person who requested it.

  • SOR/2015-134, s. 3

PART IIControlled Activities and Areas

Prohibited Conduct

 No person shall

  • (a) do anything that unreasonably disturbs or interferes with any person’s use or enjoyment of a historic canal;

  • (b) behave in a manner that endangers the safety of any person in a historic canal;

  • (c) cause excessive noise in a historic canal between 11:00 p.m. and 6:00 a.m.;

  • (d) operate a lock, lift or swing bridge, dam or wasteweir in a historic canal, or the gates or sluices of those structures, unless authorized to do so; or

  • (e) fish within 10 m of a lock or approach wharf or from a bridge over a navigation channel.

  • SOR/2015-134, s. 4(F)

 Every person shall comply with any sign posted or traffic control device placed in a historic canal pursuant to subsection 4(2).

Restricted Activities and Areas

 No person, other than a peace officer or an employee acting in the course of employment, shall, in a historic canal, engage in an activity that is restricted or enter into an area that is closed, where notice of the restriction or closure has been given in accordance with paragraph 4(2)(d).

 Except at times and in areas designated by means of a sign or notice, no person shall

  • (a) in a navigation channel or within 100 m of a structure in a historic canal, water-ski, ride a tube or kneeboard, engage in any activity that involves being towed behind a vessel or operate a vessel towing a water-skier or person riding a tube or kneeboard;

  • (b) dive, jump, scuba-dive, swim or bathe in a navigation channel or within 40 m of a lock gate or a dam in a historic canal;

  • (c) dive or jump from a bridge over a historic canal, or from the abutments of such a bridge; or

  • (d) operate a vessel within 40 m of a dam in a historic canal, unless the vessel is in the navigation channel.

Resource Protection

  •  (1) No person shall

    • (a) deposit in a historic canal, snow that has been collected during snow removal;

    • (b) discard waste in a historic canal, except in a receptacle designated for that purpose;

    • (c) discharge the contents of a holding tank in a historic canal, except at a pumpout station designated for that purpose; or

    • (d) abandon or discard any other thing in a historic canal.

  • (2) No person shall, except in accordance with a permit issued under subsection (3), remove, alter or destroy any cultural resource, natural resource, structure, equipment or object in a historic canal.

  • (3) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to remove, alter or destroy a cultural resource, natural resource, structure, equipment or object, where the removal, alteration or destruction is necessary for

    • (a) scientific purposes; or

    • (b) the management of water levels or flows.

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

    • (a) the cultural resource, natural resource, structure, equipment or object, or the amount thereof, that may be removed, altered or destroyed and the location from which it may be removed or at which it may be altered or destroyed; and

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

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

 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)
 
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