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CANADA MARINE ACT
Natural and Man-made Harbour Navigation and Use Regulations
SOR/2005-73
NATURAL AND MAN-MADE HARBOUR NAVIGATION
AND USE REGULATIONS
INTERPRETATION
1. The following definitions apply in these Regulations.
"Act"
« Loi »
"Act" means the Canada Marine Act.
"dangerous goods"
«
marchandises dangereuses
»
"dangerous goods" has the meaning assigned in section 2 of the
Transportation of Dangerous Goods Act, 1992.
"floating structure"
« construction flottante
»
"floating structure" means any type of floathome, houseboat, ship, work or
other type of floating craft that is used for residential or commercial
purposes.
"harbour"
«
port
»
"harbour" means the navigable waters of a natural or man-made harbour that
have been designated by the Governor in Council under subsection 104(2) of the
Act.
"harbour official"
« responsable de port
»
"harbour official", with respect to a harbour, means a traffic control
official designated by the Minister under section 106 of the Act or an
enforcement officer designated by the Minister under subsection 108(1) of the
Act.
2. These Regulations are binding on Her Majesty in right of
Canada or a province.
Prohibitions
3. Unless otherwise authorized under these Regulations, no
person shall, by act or omission, adversely affect the use of a harbour,
interfere with navigation in a harbour or jeopardize the safety of persons or
ships in a harbour by doing anything or permitting anything to be done that has
or is likely to have any of the following results in the harbour:
(a) to obstruct or threaten any part
of the harbour;
(b) to interfere with an authorized
activity;
(c) 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;
(d) to cause a nuisance;
(e) to cause injury to persons or
damage to ships; or
(f) to adversely affect sediment or
water quality.
Removal from Waters
4. (1) Unless otherwise authorized under these Regulations,
a person who, adversely affects the use of a harbour, interferes with navigation
in a harbour or jeopardizes the safety of persons or ships in a harbour by
dropping, depositing, discharging or spilling refuse, a substance that pollutes,
cargo, ship's gear or any other object must
(a) immediately make every
technically feasible and reasonable effort to remove it;
(b) notify a harbour official of the
incident without delay and provide a description of what was dropped,
deposited, discharged or spilled and its approximate location, and of the
efforts made by the person to remove it; and
(c) as soon as possible, provide to
the harbour official a detailed written report containing the information
mentioned in paragraph (b).
(2) If the person does not remove the refuse, polluting substance, cargo,
ship's gear or object immediately, the harbour official may have it done.
Fire Protection
5. Every person in a harbour must follow the fire protection
and prevention measures established for the safety of persons and ships in the
harbour, taking into account the activities in the harbour.
Dangerous Situations
6. Every person who, by act or omission, causes a dangerous
situation in a harbour must immediately take appropriate precautionary measures
to prevent injury to persons or damage to ships and notify a harbour official
without delay as to the nature of the dangerous situation and the precautions
that have been taken and their location.
Emergencies
7. Despite any other provision of these Regulations, a
person may, in a harbour, conduct an activity set out in column 1 of the
schedule without having a contract or lease with, or a licence granted by, the
Minister of National Defence or an authorization from a harbour official or
without 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
ships;
(b) the person conducting the
activity makes every effort to notify a harbour official of the activity and
the emergency situation, if practicable; and
(c) the person conducting the
activity submits a detailed written report to the harbour official without
delay describing the activity and explaining why the situation was regarded
as an emergency.
8. If an activity in a harbour causes or is likely to cause
an emergency situation that jeopardizes the safety of persons or ships, the
person conducting the activity and, in the case of an activity conducted under a
contract, lease, licence or authorization, the person authorized to conduct the
activity must
(a) notify a harbour official without
delay of the emergency situation;
(b) submit a detailed written report
of the emergency situation to the harbour official as soon as possible after
the situation ceases to exist; and
(c) at the request of the harbour
official, submit with the report to the harbour official a copy of each
report of the emergency situation that the person makes to municipal,
provincial and federal authorities.
Accidents and Incidents
9. A person who does anything in a harbour that results in
an incident involving injury to persons or damage to ships, including an
explosion, fire, accident, grounding, or stranding must
(a) notify a harbour official of the
incident without delay; and
(b) submit a detailed written report
of the incident to the harbour official as soon as possible after the
incident occurs.
Precautionary Measures
10. (1) If, in a harbour, a person conducts an activity,
other than an activity set out in the schedule, that is likely to have any of
the results prohibited under section 3, a harbour official may instruct the
person conducting the activity to cease the activity or authorize the person to
conduct the activity on condition that the person takes measures reasonably
necessary to mitigate or prevent the result.
(2) The person must immediately comply with the instructions of the harbour
official.
Activities
under Contracts, Leases and Licences
11. A person may, in a harbour, 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 Minister of National Defence.
12. If, by entering into a contract or lease or granting a
licence, the Minister of National Defence 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 3, that Minister may 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 must take measures reasonably necessary
to mitigate or prevent the result.
Authorizations by Posted Signs, Nautical Charts, Maps or Forms
13. (1) Subject to subsections (2) and (3), a harbour
official may, by such means as posted signs, nautical charts, maps or forms,
give an authorization under this section to conduct, in a harbour, an activity
set out in column 1 of the schedule 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 3, the harbour official may give the authorization without
conditions to persons wanting to conduct the activity.
(3) If the conduct of the activity is likely to have a result prohibited
under section 3, the harbour official may give the authorization for the
activity only if the harbour official
(a) establishes conditions designed
to mitigate or prevent the result; and
(b) communicates the conditions by
posting them in a prominent place clearly visible to persons wanting to
conduct the activity or setting them out on forms that are readily available
to persons wanting to conduct the activity.
14. (1) No person shall conduct an activity set out in
column 1 of the schedule 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.
(2) If a condition for conducting the activity is to complete a checklist,
the person conducting the activity must keep the checklist readily available for
inspection.
Authorization to a Person
15. (1) A harbour official may give an authorization under
this section to a person to conduct, in a harbour, an activity set out in column
1 of the schedule 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 under section 13
for the conduct of the activity.
(2) On receipt of a request for an authorization and the information required
under subsection 16(2), the harbour official must
(a) give their 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 3,
(i) refuse to give their authorization, or
(ii) give their authorization subject to conditions designed to
mitigate or prevent the results; or
(c) if the harbour official 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 their authorization.
16. (1) No person shall, in a harbour, conduct an activity
set out in column 1 of the schedule if an "X" is set out in column 3 unless the
person
(a) obtains an authorization under
section 15 or is covered by an authorization given under that section; and
(b) complies with the conditions, if
any, of the authorization.
(2) A person who seeks an authorization from a harbour
official to conduct an activity in a harbour must provide to the harbour
official
(a) the name and address of the
person;
(b) information relevant to the
proposed activity and required by the harbour official to assess the
likelihood of the occurrence of any of the results prohibited under section
3;
(c) if required by the harbour
official, proof that the person seeking the authorization has an insurance
policy that provides adequate coverage for the activity, names Her Majesty
in right of Canada as an additional insured and provides for the insurer to
notify the harbour official in the event that the policy is amended or
cancelled; and
(d) if required by the harbour
official, performance security and damage security in respect of the conduct
of the activity.
17. A harbour official may cancel an authorization given
under section 15 or change the conditions to which an authorization is subject
if
(a) the conduct of the activity has a
result prohibited under section 3 or, because of a change in circumstances,
becomes likely to have such a result or the result of the activity becomes
uncertain;
(b) the authorization was based on
incorrect or misleading information; or
(c) the person to whom the
authorization is given or any person covered by the authorization does not
comply with a condition of the authorization.
18. (1) If an authorization given under section 15 is
cancelled, the harbour official must 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 business 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
19. (1) A harbour official may instruct a person to take any
of the actions referred to in subsection (2) if
(a) the person conducts an activity
for which an authorization is required under section 15 without first
obtaining the authorization or without being covered by one;
(b) the person, or any person covered
by the authorization, fails to comply with a condition of the authorization;
(c) the authorization to conduct the
activity is cancelled under section 17; or
(d) 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 3.
(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 harbour in connection with
the activity,
(ii) to return to the harbour 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 must comply immediately with the instructions of the harbour
official.
(4) If the person fails to remove the thing or to restore the property
immediately, the harbour official may conduct the removal or restoration and may
store the thing.
20. These Regulations come into force on the day on which
they are registered.
SCHEDULE
(Sections 7 and 11 to 16)
ACTIVITY LIST
Item |
Column 1
Activity |
Column 2
Authorization by posted signs, nautical charts, maps or forms
(section 13) |
Column 3
Authorization to a person
(section 15) |
| 1. |
Conducting a diving operation |
|
X |
| 2. |
Conducting a salvage operation |
|
X |
| 3. |
Transporting, loading, unloading or transhipping explosives or other
dangerous goods, industrial waste or pollutants |
|
X |
| 4. |
Bunkering or fuelling |
|
X |
| 5. |
Carrying out an oil transfer operation, a chemical transfer
operation or a liquefied gas transfer operation |
|
X |
| 6. |
Conducting a dredging operation |
|
X |
| 7. |
Excavating or removing any material or substance |
|
X |
| 8. |
Building, placing, rebuilding, repairing, altering, moving or
removing any structure or work |
|
X |
| 9. |
Placing or operating a light or day marker |
|
X |
| 10. |
Casting adrift a ship, log or other object |
|
X |
| 11. |
Conducting a race, regatta, trial, demonstration, organized event or
similar activity |
|
X |
| 12. |
Causing a fire or explosion, conducting blasting or setting off
fireworks, including setting off a flare or other signalling device |
|
X |
| 13. |
Placing a placard, bill, sign or device |
X |
|
| 14. |
Swimming |
X |
|
| 15. |
Venturing out onto ice |
|
X |
| 16. |
Launching a ship by slipway or crane |
X |
|
| 17. |
Conducting the take-off or landing of a sea-plane |
|
X |
| 18. |
Laying up a ship |
|
X |
| 19. |
Placing, altering, removing or relocating an aid to navigation,
buoy, mooring, float, picket, mark or sign |
|
X |
| 20. |
Mooring or anchoring a floating structure |
|
X |
| 21. |
Mooring log booms |
X |
|
| 22. |
Fishing or crabbing |
|
X |
| 23. |
Conducting aquacultural research or operations |
|
X |
Established by:
SOR/2005-73 6 Avril 2005 pursuant to subsection 104(1) of
the Canada Marine Act, into force on March 22 2005.
|
Responsibility
