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CANADA MARINE ACTSeaway property regulationsSOR/2003-105
1. The definitions in this section apply in these Regulations.
"Act" «Loi» "Act" means the Canada Marine Act. "allied petroleum product" «produit pétrolier apparenté» "allied petroleum product" means a single hydrocarbon or a mixture of hydrocarbons other than a petroleum product. It includes alcohols, glycols, thinners, solvents, organic chemicals and inks.
"authorization" «autorisation» "authorization" means an authorization given under Part 3.
"designated area" «endroit désigné» "designated area" means an area designated by sign or in writing by the Manager in respect of an activity set out in column 1 of the schedule.
"fee" «droit» "fee" means a fee referred to in subsection 92(1) or (2) of the Act.
"hot work" «travail à chaud» "hot work" means any work that uses flame or that may produce a source of ignition, such as heating, cutting or welding.
"Manager" «gestionnaire» "Manager" means The St. Lawrence Seaway Management Corporation.
"petroleum product" «produit pétrolier» "petroleum product" means a single hydrocarbon or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used or could be used as a fuel, lubricant or power transmitter. It includes gasoline, diesel fuel, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil and engine oil, including used oil; it excludes propane, paint and solvents.
"Seaway property" «biens de la voie maritime» "Seaway property" means land and other property managed, operated or used by the Manager in connection with the Seaway.
APPLICATION 2. These Regulations apply in the Seaway and on Seaway property. Where Regulations Do Not Apply — Navigable Waters Protection Act 3. These Regulations do not apply in respect of that aspect of a work, within the meaning of the Navigable Waters Protection Act, that involves the issuance of an approval or an opinion under Part I of that Act to a person other than the Manager or a person acting on the Manager's behalf. BINDING ON HER MAJESTY 4. These Regulations are binding on Her Majesty in right of Canada or a province. SAFETY AND ORDER IN THE SEAWAY AND ON SEAWAY PROPERTY Prohibitions 5. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in the Seaway or on Seaway property that has or is likely to have any of the following results:
6. No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an "X" is set out in column 4. 7. No person shall access any area of Seaway property unless
Signs 8. The Manager may have signs posted for the purpose of ensuring
9. (1) Every person in the Seaway or on Seaway property shall obey the instructions on signs posted under the authority of the Manager unless the person is authorized by the Manager to do otherwise. (2) No person shall remove, mark or deface any sign or device in the Seaway or on Seaway property. Registration and Permits 10. No person shall operate a vehicle on Seaway property unless the following conditions are met:
Compliance with Provincial and Municipal Laws 11. No person shall operate a vehicle on Seaway property otherwise than in accordance with the laws of the province and municipality in which the Seaway property is situated. 12. No person shall operate a vehicle on Seaway property in such a manner as to cause it to enter a roadway at a place other than a place designated for public access to the roadway. 13. Every person who operates a vehicle on Seaway property shall do so in a safe manner and at a speed that does not exceed the lowest of
14. (1) The Manager may have signs and devices installed on Seaway property respecting
(2) Every person who operates a vehicle on Seaway property shall obey
(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 apparently in possession of the vehicle may be held liable. 15. The Manager may have a vehicle moved or stored at the risk and expense of its owner or operator or the person apparently in possession of it at the time at which it is found to be parked or stopped contrary to this section if it is
16. (1) Unless otherwise authorized under these Regulations, every person who drops, deposits, discharges or spills, in the Seaway or on Seaway property, refuse or a substance that pollutes, an object that interferes with navigation or any cargo or ship's gear shall
(2) If the person does not remove the refuse, substance, object, cargo or ship's gear immediately, the Manager may conduct the removal at the risk and expense of the person. 17. Every person in the Seaway or on Seaway property shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property, taking into account the activities and goods in the Seaway and on Seaway property. 18. Every person who by act or omission causes a dangerous situation in the Seaway or on Seaway property shall
19. Despite any other provision of these Regulations, a person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule without having a contract, lease or licence or an authorization given by the Manager or complying with the conditions of an authorization for the duration of an emergency situation if
20. If a situation causes or is likely to cause death, bodily injury or any other emergency situation in the Seaway or on Seaway property 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
21. A person who does anything in the Seaway or on Seaway property 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 written report of the incident to the Manager without delay. 22. (1) If, in the Seaway or on Seaway property, a person conducts an activity that is likely to have any of the results prohibited under section 5 and the activity does not require an authorization under these Regulations, the Manager may instruct the person conducting the activity to cease the activity or to take the precautions necessary to mitigate or prevent the result. (2) The person shall immediately comply with the instructions of the Manager. General 23. If the Manager is the proponent of an activity that is set out in column 1 of the schedule and that 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
Works within the Meaning of the Navigable Waters Protection Act 24. Subject to any agreement between the Minister and the Manager entered into under subsection 80(5) of the Act, any agreement between Canada and the United States in respect of the Seaway and section 25, the Manager or a person acting on behalf of the Manager may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the Seaway a work within the meaning of the Navigable Waters Protection Act that may interfere with navigation. 25. (1) Before carrying out an activity referred to in section 24, the Manager shall conduct an assessment of the impact of the work on navigation in the Seaway. (2) The Manager shall ensure that a written report that summarizes the assessment is prepared before the activity in respect of the work is begun. (3) The Manager shall
AUTHORIZATIONS AND INSTRUCTIONS FOR ACTIVITIES IN THE SEAWAY OR ON SEAWAY PROPERTY Activities under Contracts, Leases and Licences 26. A person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule 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 Manager. 27. If, by entering into a contract or lease or granting a licence, the Manager authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 5, the Manager 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. [28 and 29 reserved] 30. (1) The Manager may give a written authorization under this section to a person to conduct, in the Seaway or on Seaway property, an activity set out in column 1 of the schedule if an "X" is set out in column 3. (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 31(2), the Manager shall
31. (1) No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an "X" is set out in column 3 unless the person
(2) A person that seeks an authorization from the Manager to conduct an activity in the Seaway or on Seaway property shall provide to the Manager
32. The Manager may cancel an authorization given under section 30 or change the conditions to which an authorization is subject if
33. (1) If an authorization given under section 30 is cancelled, the Manager shall give notice of the cancellation to the person to whom the authorization was given. (2) The cancellation is effective at the earliest of
Instructions to Cease, Remove, Return and Restore 34. (1) The Manager may instruct a person to take any of the actions prescribed under subsection (2) if
(2) The actions are
(3) The person shall immediately comply with the instructions of the Manager. (4) If the person fails to remove the thing or to restore the property immediately, the Manager may conduct the removal or restoration and may store the thing at the risk and expense of the person. Repeals 35. The Seaway Regulations are repealed. 36. The Shore Traffic Regulations are repealed.
SCHEDULE ACTIVITIES AND AUTHORIZATIONS
SOR/2003-105 20 March 2003, pursuant to section 98 of the Canada Marine Act, into force on 20 March, 2003.
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