Historic Canals Regulations (SOR/93-220)

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

PART IIINavigation (continued)

Aids to Navigation

  •  (1) No person shall, in a historic canal,

    • (a) move, alter or destroy any aid to navigation;

    • (b) moor a vessel to any aid to navigation;

    • (c) set out navigation markers other than buoys; or

    • (d) except in accordance with a permit issued under subsection (2), set out a buoy.

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

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

    • (a) the type, placement and characteristics of the buoy in accordance with the Private Buoy Regulations; and

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

  • SOR/2002-191, s. 5(E)

PART IVVehicles

Crossing Bridges

  •  (1) Except in accordance with a permit issued under subsection (2), no person shall operate, on a bridge over a historic canal, any vehicle that has

    • (a) crawler tractor treads or other treads that may damage the bridge surface; or

    • (b) a gross weight exceeding the posted load capacity of the bridge.

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to operate, on a bridge over a historic canal,

    • (a) if the surface of the bridge is protected against damage, a vehicle that has crawler tractor treads or other treads; or

    • (b) if the bridge is protected against structural damage, a vehicle that has a gross weight exceeding the posted load capacity of the bridge.

  • (3) A permit issued under subsection (2) shall specify the bridge on which, and the dates and times when, the applicant may operate the vehicle.

  • (4) No person shall proceed over a bridge that has a safety gate or other device used for closing the bridge, unless the gate or other device is fully open.

  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 18(E)

PART VProvisions Respecting Particular Historic Canals

 [Repealed, SOR/2002-191, s. 4]

Chambly Canal

 A person may bring livestock onto historic canal lands in order to cross Chambly Canal Bridge Number 4 or Chambly Canal Bridge Number 5.

PART VIEnforcement

Inspection

  •  (1) Subject to subsection (2), the superintendent may, at any reasonable time, stop and board a vessel that is in a historic canal to give notice under paragraph 4(2)(d) or to inspect for the purpose of

    • (a) determining whether the vessel meets the requirements of these Regulations for operation in a historic canal;

    • (b) determining whether there is a sufficient number of crew on the vessel to operate the vessel safely; or

    • (c) [Repealed, SOR/2015-134, s. 19]

    • (d) verifying whether a permit has been issued under these Regulations authorizing the vessel or the person in charge of the vessel to engage in an activity for which a permit is required.

  • (2) The superintendent may not enter that part of a vessel that is designed to be used, and is being used, as a private dwelling- place except with the consent of the person in charge of the vessel.

  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 19

Seizure and Detention

  •  (1) The superintendent shall seize and detain, at the owner’s risk, any vessel or goods if the superintendent has reasonable grounds to believe that

    • (a) dues that have accrued on the vessel or goods have not been paid;

    • (b) damage has occurred to the historic canal and the cost of repairing the damage has not been paid or the security for payment of the cost has not been provided;

    • (c) a fine that has been imposed in respect of the vessel or goods has not been paid; or

    • (d) these Regulations have been contravened in respect of the vessel or goods.

  • (2) The superintendent shall, as soon as feasible after seizing the vessel or goods, inform, in writing, the owner and the person in whose possession they were at the time of the seizure of

    • (a) the reason for the seizure;

    • (b) an estimate of the cost of repairing any damage that has been caused to the historic canal; and

    • (c) if they are not detained in the place where they were seized, the location at which they are detained.

  • (3) The superintendent shall release the seized and detained vessel or goods as soon as feasible after

    • (a) the dues have been paid;

    • (b) the cost of repairing the damage has been paid or security for payment of that cost has been provided; or

    • (c) the fine has been paid.

  • (4) The superintendent shall, at the request of the person from whom the vessel or goods were seized and detained, allow that person or any person authorized by that person to examine, at any reasonable time, the vessel or goods.

  • SOR/94-580, s. 12
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 20

Sale of Seized Vessel or Goods

  •  (1) Subject to subsection (2), the superintendent shall sell any vessel or goods seized and detained under subsection 49(1) if, within 30 days after the day on which the vessel or goods are seized,

    • (a) the dues have not been paid;

    • (b) the cost of repairing the damage has not been paid or the security for payment of that cost has not been provided; or

    • (c) the fine has not been paid.

  • (2) The owner of the seized and detained vessel or goods may, before they are sold, apply in writing to the Chief Executive Officer of the Parks Canada Agency for a review of the decision to seize and detain.

  • (3) The Chief Executive Officer shall, within 90 days after the day on which the application is received, make a decision and provide written notice of it, including reasons, to the owner.

  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 20

PART VIIFines

 Every person who contravenes any provision of these Regulations is liable to a fine not exceeding $400.

  • SOR/94-580, s. 13
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 20

 [Repealed, SOR/2015-134, s. 20]

 
Date modified: