GOVERNMENT PROPERTY TRAFFIC ACT

CANADA PORTS CORPORATION ACT

Canada Ports Corporation Operating By-law

• Short Title
• Interpretation
• PART I
• PART II
• PART III
• PART IV
• PART V
• PART VI

BY-LAW RESPECTING DIRECTION, CONDUCT AND

GOVERNMENT OF THE CANADA PORTS CORPORATION

AND ITS EMPLOYEES AND THE ADMINISTRATION,

MANAGEMENT AND CONTROL OF HARBOURS,

WORKS AND PROPERTY UNDER

ITS JURISDICTION

Short Title

1. This By-law may be cited as the Canada Ports Corporation Operating By-law.

Interpretation

2. (1) In this By-law,

"air cushion vehicle" means a machine designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from the machine; (aéroglisseur)

"anchorage" means any area in a harbour where a vessel is permitted to moor by means of its anchor; (mouillage)

"berth" means a location at any wharf, pier, quay or similar facility at which a vessel may be secured; (poste)

"Canadian Coast Guard Traffic Centre" means a centre established by the Canadian Coast Guard for the purpose of regulating marine traffic; (centre de trafic de la Garde côtière canadienne)

"Corporation" means the Canada Ports Corporation incorporated under the Canada Ports Corporation Act; (Société)

"Corporation property" means any property under the administration, management or control of or under lease from or to the Corporation at a harbour; (propriété de la Société or biens de la Société)

"goods" includes all personal property and movables other than vessels; (marchandises)

"harbour" means any harbour under the administration, management and control of the Corporation and includes any Corporation property at Prescott and Port Colborne, Ontario; (port)

"owner" includes, in the case of a vessel, the agent, charterer by demise or master of the vessel, and, in the case of goods, the agent, sender, consignee or bailee of the goods, as well as the carrier of such goods to, upon, over or from Corporation property; (propriétaire)

"private property" means any property other than Corporation property; (propriété privée)

"raft" includes any raft, crib, dram or bag boom of logs, timber or lumber of any kind, and logs, timber or lumber in boom or being towed; (radeau)

"speed" means, in the case of a vessel, the speed of the vessel measured over the ground in nautical miles; (vitesse)

"vessel" includes any ship, boat, barge, raft, dredge, floating elevator, scow, seaplane on the water or other floating craft. (navire)

(2) For the purposes of this By-law a reference to a vessel includes the owner of a vessel.

PART I

GENERAL

Rental Agreements

3. (1) The Corporation may enter into any agreement for the conferment or acquisition of rights of possession or use in respect of any real or immovable property to be used in connection with harbour activities for any term of 20 years or less.

(2) The Corporation may enter into any agreement for the conferment of rights of possession or use in respect of any real or immovable property to be used in connection with non-harbour activities for any term of five years or less.

(3) The Corporation may enter into any agreement for the conferment or acquisition of rights of possession or use in respect of any personal or movable property to be used in connection with harbour activities for any term of five years or less.

(4) Subsections (1), (2) and (3) apply, with respect to the Harbour of Vancouver, to that part of the Harbour composed of Burrard Inlet, together with the Indian Arm (formerly known as the North Arm), and Port Moody, False Creek and English Bay and all other tidal waters lying east of a line drawn from the Point Atkinson Lighthouse southerly to the most westerly point of Point Grey.

Purchase or Sale of Personalty

4. The Corporation may purchase or sell any property other than real property for such price as to the Corporation seems reasonable and just, if in the case of any purchase the funds required to complete the purchase are, at the time of the purchase, available from current Corporation revenues or from amounts appropriated by Parliament for a purpose that necessitates or contemplates the purchase.

Services

5. The Corporation may enter into contracts for the provision or performance of services of any kind where the total amount payable by or to the Corporation under any one contract does not exceed $1,000,000.

Operation of Harbour

6. (1) No person shall do, cause or permit to be done anything that, or omit to do anything the omission of which, may cause

(a) an encumbrance of the water or shore of a harbour,

(b) an obstruction or danger to navigation in a harbour,

(c) damage to vessels or property in a harbour, or

(d) any nuisance or endanger life or health,

except that ballast, rubbish or refuse may be placed, left, transhipped or disposed of at such places in a harbour as may be designated by the Corporation.

(2) The Corporation may

(a) order any person to take such precautionary measures as are necessary to prevent danger or hazard to life or property; and

(b) remove, at the expense of the person responsible therefor, any encumbrance, obstruction or nuisance that constitutes a danger or hazard to life or property.

7. All structures and works in the harbour, whether submerged or not and whether under construction or not, that may constitute a hazard to persons or property shall be reported in writing to the Corporation and shall be clearly marked in a manner suitable to the Corporation.

8. No person shall place, move in or remove from a harbour any light, fog signal, buoy, radar reflector or other object used as an aid to navigation without written permission of the Corporation and any light or other object that interferes with navigation shall be removed upon order of the Corporation.

9. (1) No person shall place a hawser or rope across any part of a harbour without permission of the Corporation.

(2) Where a person places a hawser or rope across any part of the harbour, he shall slacken or cast it off whenever necessary to permit the free and uninterrupted passage of any vessel.

10. Any person observing or finding any vessel, timber or other article adrift in a harbour shall forthwith notify the Corporation thereof.

11. (1) Any person in charge of any plant, machinery, equipment or appliance situated on Corporation property and used for the purpose of loading, unloading or handling goods or for any other purpose connected with harbour operations, shall remove that plant, machinery, equipment or appliance from that property upon order of the Corporation.

(2) The Corporation may require any person in charge of any plant, machinery, equipment or appliance referred to in subsection (1) to pay to the Corporation such charges as the Corporation may fix from time to time for the privilege of operating the plant, machinery, equipment or appliance.

(3) The Corporation may require the person in charge of any plant, machinery, equipment or appliance referred to in subsection (1) to submit to the Corporation for approval a detailed statement of charges levied or intended to be levied for services performed or to be performed with any such plant, machinery, equipment or appliance.

(4) Any charges for services referred to in subsection (3) are subject to such change or modification as the Corporation may order from time to time.

(5) No person shall operate any plant, machinery, equipment or appliance referred to in subsection (1) without such safety devices as may be required by the Corporation.

(6) Except with written permission of the Corporation, no person shall locate in any transit shed on Corporation property any plant, machinery, equipment or appliance used for the purpose of loading, unloading or handling goods unless that plant, machinery, equipment or appliance is in actual operation for that purpose.

12. (1) No person shall conduct or participate in a yacht or boat race or other aquatic sport, or in any other activity that is liable to interfere with navigation or operations in a harbour, except with written permission of the Corporation, which permission may be either general or specific as to place and time.

(2) No liability is incurred by the Corporation in respect of injury or loss of life or loss of or damage to property resulting from any activity referred to in subsection (1), whether or not the Corporation has given permission for such activity.

13. (1) No person shall, in a harbour,

(a) cut ice,

(b) cut holes in the ice,

(c) make any road on the ice, or

(d) occupy the ice in any manner,

without written permission of the Corporation and then only at such places as may be designated for such purposes by the Corporation and subject to such conditions as may be fixed by the Corporation.

(2) No person shall remove, destroy, damage or deface any pickets or marks placed on the ice in a harbour.

Operation of Corporation Property

14. No person shall trespass on Corporation property.

15. (1) Every person who seeks to enter Corporation property shall, if required by the Corporation, apply for and obtain an entry pass, which pass may be restricted to allow entry to such areas in a harbour as the Corporation may designate in the pass.

(2) The Corporation may, without stated reasons, withhold, delay, refuse to issue or revoke any pass referred to in subsection (1).

(3) A pass referred to in subsection (1) is not transferable and is valid only for the person named therein and for the purpose and period of time stated therein.

(4) Every person who obtains a pass referred to in subsection (1) to enter Corporation property shall

(a) keep the pass in his possession while on Corporation property;

(b) enter and leave Corporation property as directed in the pass or by signs displayed for that purpose;

(c) comply with every direction given by or under the authority of the Corporation, including every written or printed direction contained in the pass or the application therefor, and any written or printed notice, direction, order or regulation displayed in, on or about or pertaining to Corporation property;

(d) at the request of the Corporation, produce the pass;

(e) surrender the pass and depart forthwith from Corporation property at the request of the Corporation; and

(f) surrender the pass to the Corporation when need for the pass no longer exists or when the pass has expired.

(5) Every person who has obtained a pass referred to in subsection (1) shall be deemed to have read and understood it and to have agreed to abide by such terms and conditions as may be written or printed on the pass or endorsed thereon.

16. Every person on Corporation property shall, at the request of the Corporation, furnish his true name and address.

17. (1) No person shall cause or participate in any disturbance on Corporation property.

(2) No person shall loiter on Corporation property and any person so loitering shall forthwith depart therefrom at the request of the Corporation.

18. (1) No person shall be in an intoxicated condition on Corporation property.

(2) No person shall, without written permission of the Corporation, convey or cause to be conveyed intoxicating liquor onto, within or from Corporation property.

19. No person shall expose on Corporation property any cards, dice, table, wheel or other device upon, with, or by means of which any game of chance or hazard may be played, and no person shall play any such game upon, with or by means of such device on Corporation property.

20. No person on Corporation property shall solicit, request, require, demand or accept any tip or gratuity or any advantage or benefit of any kind for any work performed by him or by any other person working on Corporation property.

21. No person shall refuse to produce for inspection, at the request of the Corporation, the contents of any article, bag, case, parcel, box or container of any kind in his possession on Corporation property.

22. No person shall refuse to produce at the request of the Corporation, any document in his possession relating to goods on Corporation property.

23. No person who is on Corporation property shall, without permission of the Corporation,

(a) sell or offer for sale any goods;

(b) distribute circulars, leaflets or advertising matter; or

(c) undertake personal solicitation.

24. The Corporation may stop the entry of any person to Corporation property or eject any person from Corporation property.

25. For the purposes of sections 26 and 27, "constable" means a police constable appointed under section 5 of the Canada Ports Corporation Act and "guard" means a person, whether or not in uniform, employed by the Corporation or any person to ensure the safekeeping and security of goods and other property.

26. No person shall harass or interfere with any constable or guard in the course of his duties by use of abusive or obscene language or gestures or in any other way wilfully obstruct or impede any constable or guard in the course of his duties.

27. (1) Subject to subsection (2), the Corporation may require any person in possession of a firearm as defined in the Criminal Code to obtain a permit issuable by the Corporation for that firearm before that person enters Corporation property.

(2) Subsection (1) does not apply to members of the Canadian Armed Forces, the Royal Canadian Mounted Police or other duly accredited police forces when such members are required for the purpose of their duties to be in possession of firearms.

(3) Where an investigation agency or security agency wishes to carry out or is carrying out activities on Corporation property, the Corporation may require such agency

(a) to obtain a permit issuable by the Corporation for such activities;

(b) to submit for Corporation approval a list of all persons employed or utilized or proposed to be employed or utilized by such agency in connection with its activities on Corporation property;

(c) to ensure that all persons so employed or utilized by the agency are in possession of identification acceptable to the Corporation; and

(d) in the case of uniformed guards, to wear a uniform clearly distinguishable from any worn by the members of the Canadian Armed Forces and the police forces referred to in subsection (2).

28. (1) No structure or work shall be placed or erected on Corporation property except with written permission of the Corporation and upon such terms and conditions as the Corporation may stipulate.

(2) Every structure or work placed or erected in contravention of subsection (1) shall, upon order of the Corporation, be removed forthwith by the owner thereof or by the person by whom such structure or work was so placed or erected.

(3) Where a structure or work is not removed pursuant to an order of the Corporation under subsection (2), the Corporation may at the risk and expense of the owner or person referred to in that subsection undertake such removal.

29. (1) No person shall place any goods on Corporation property in such a manner as to create an obstruction or interference or in a location less than 2 metres from the gauge line of the nearest rail of any railway.

(2) No goods shall, without permission of the Corporation, be placed on Corporation property except goods

(a) for use by vessels;

(b) for use in connection with shipping;

(c) for use by the Corporation; or

(d) for use in connection with railway cars, highway transport, sheds or harbour facilities.

(3) No goods in excess of the maximum load permitted by the Corporation shall be placed upon any Corporation wharf or upon the floor of any shed or warehouse on Corporation property.

(4) No goods that in the opinion of the Corporation may cause a nuisance or endanger life or health shall be placed on Corporation property.

(5) The owner of any goods placed or left on Corporation property in contravention of this section shall immediately remove such goods upon order of the Corporation, and in the event of his non-compliance with such order, the goods may be removed by the Corporation at the risk and expense of the owner.

30. No railway rolling stock shall be brought on Corporation property except with permission of the Corporation and upon such terms and conditions as the Corporation may stipulate.

31. No person shall bring on Corporation property any live animal unless that animal after having been brought on Corporation property is kept in the charge of a competent attendant and under proper control.

32. Any Corporation property or private property in a harbour that is removed, damaged or destroyed by any person or by any vessel or vehicle may be replaced or repaired, as the case may be, by the Corporation at the expense of such person or the owner or person in charge of such vessel or vehicle.

33. No person shall remove, damage or destroy any Corporation mark, printed or written notice, direction, sign or device, order, by-law or regulation that is posted, attached or affixed to or on Corporation property.

34. No person shall place or erect on Corporation property without written permission of the Corporation any placard, bill, advertisement, sign or device.

35. No person shall remove from Corporation property without written permission of the Corporation any sand, stone or gravel that is Corporation property.

36. Every person involved in an accident on Corporation property or within a harbour that causes the death of or injury to any other person or loss of or damage to property shall, at the request of the Corporation, deliver forthwith to the Corporation a written report giving full details of the accident.

PART II

REGULATIONS GOVERNING OPERATION OF VEHICLES

37. No person shall drive a vehicle on Corporation property except for purposes permitted by the Corporation.

38. The Government Property Traffic Act and the regulations made thereunder apply to the operation of vehicles on Corporation property.

39. Where any vehicle is driven on Corporation property with the knowledge or consent, express or implied, of the registered owner of such vehicle, any violation or contravention of this By-law by the operator of the vehicle shall constitute a violation or contravention of the By-law by the registered owner.

40. (1) The Corporation may require any person, before that person operates or parks his vehicle on Corporation property, to obtain a permit from the Corporation for that purpose.

(2) The Corporation may, without stated reasons, withhold, delay, refuse to issue or revoke any permit referred to in subsection (1).

41. The Corporation may at any time require the operator of any vehicle, whether that vehicle is loaded or unloaded, to submit the vehicle which he is operating to search and to compulsory weighing at weight scales designated by the Corporation for the purpose.

42. No person shall operate a vehicle on Corporation property

(a) in a shed or warehouse, except to pick up or deliver goods or for other purposes permitted by the Corporation;

(b) between railway tracks;

(c) across railway tracks except at a recognized railroad crossing;

(d) at a speed or in a manner that may cause a nuisance, death or injury to persons or damage to property;

(e) that is loaded in excess of the load limit specified by the Corporation;

(f) from which gasoline, oil, or any other substance likely to be dangerous or to constitute a nuisance, is dripping or falling; or

(g) that, in the opinion of the Corporation, is improperly loaded or unserviceable or likely to cause damage to roadways or other property.

43. (1) No person shall park a vehicle on Corporation property

(a) in such a manner as to create an obstruction or interference;

(b) elsewhere than in a parking area approved by the Corporation for which he has obtained a parking permit;

(c) for any period in excess of the maximum time, if any, prescribed by the Corporation in respect of a parking area;

(d) that is loaded in excess of the load limit specified by the Corporation;

(e) from which gasoline, oil, or any other substance likely to be dangerous or constitute a nuisance, is dripping or falling; or

(f) except in compliance with the terms and conditions under which the parking permit is issued.

(2) For the purposes of subsection (1), a vehicle is parked wherever it is stopped, other than as required by traffic control devices, whether or not the driver remains in the vehicle and whether or not the engine of the vehicle is running.

44. No person shall supply to, receive into or discharge from, a vehicle on Corporation property any gasoline or other fuel or oil except at locations and times approved by the Corporation.

45. Where a vehicle is operated or parked on Corporation property in contravention of this By-law, the Corporation may remove that vehicle at the risk and expense of the owner.

46. (1) Notwithstanding section 151, where a person contravenes or violates any of the provisions referred to in this subsection, he may, within 48 hours from the day on which the contravention or violation occurred, pay to the Corporation

(a) $50 where the contravention or violation relates to paragraph 42(b) or (c) or section 44;

(b) $25 where the contravention or violation relates to paragraph 42(a), (e), (f) or (g) or paragraph 43(1)(d) or (e); and

(c) $7 where the contravention or violation relates to section 37 or paragraph 43(1)(a), (b) or (c).

(2) Where a payment is made under subsection (1), it shall be made at the Corporation office at the port or elevator at which the contravention or violation occurred.

(3) Where a payment referred to in subsection (1) is sent to the Corporation by mail, the payment to the Corporation shall be deemed to have been made on the day on which the payment was mailed.

(4) Where payment is made to the Corporation under subsection (1) by any person who has contravened or violated any provision referred to in that subsection, that payment shall be deemed to be in full satisfaction of any penalty that may be imposed under section 151.

PART III

REGULATIONS GOVERNING VESSELS

47. Every vessel in a harbour is subject to the orders of the Corporation in respect of its draught, location, speed, direction and means and method of movement, whether or not such orders are issued through or by a Canadian Coast Guard Traffic Centre.

48. Except to prevent imminent danger to life or property, no vessel shall move in a harbour at a rate of speed that may endanger life or property or is in excess of any rate of speed authorized by the Corporation.

49. Every owner of a vessel intending to use any of the facilities of a harbour shall apply to the Corporation for assignment thereto.

60. Where the owner or person in charge of a vessel in a harbour is not available or refuses or neglects to obey any order of the Corporation to move the vessel, the Corporation may, at the risk and expense of the owner of the vessel,

(a) take possession of and move the vessel;

(b) use any means and force reasonably necessary to move the vessel;

(c) order tugs to move the vessel; and

(d) berth, anchor or moor the vessel at any place satisfactory to the Corporation.

61. Where, in the interests of safe navigation, the Corporation considers that a vessel should engage tug service for moving in a harbour, the Corporation may, at the risk and expense of the owner of the vessel, order the vessel to engage such service.

62. (1) Every vessel towing another vessel in a harbour shall have sufficient power to perform such service properly and shall at all times maintain full control of the vessel in tow.

(2) No vessel towing or in charge of another vessel shall cast adrift or allow to become adrift such other vessel, except to prevent imminent danger to life or property.

(3) Every vessel that is being towed and that is secured alongside a towing vessel shall,

(a) when the view from the wheelhouse of the towing vessel is obstructed, carry a look-out man so located on its outboard side that he can see and maintain communication with the towing vessel.

Notices, Certificates and Manifests

77. (1) The owner of every deep sea vessel and, if requested by the Corporation, the owner of every other vessel shall, where possible, give notice to the Corporation of the current expected date and approximate time of arrival of his vessel at a harbour.

(2) The owner or person in charge of a vessel arriving at a harbour shall, within 24 hours after the vessel's arrival, deliver to the Corporation a certificate signed by him setting forth as much of the following information as is required in respect of his vessel by the Corporation:

(a) name of vessel;

(b) port of registry;

(c) gross tonnage;

(d) net registered tonnage;

(e) draught upon arrival;

(f) time of arrival;

(g) last port of call;

(h) name of master or person in charge;

(i) name of owner or agent;

(j) tonnage of goods to be unloaded;

(k) number of passengers to be landed;

(l) port of origin;

(m) number of bags of mail to be landed;

(n) official number; and

(o) length overall.

(3) Subject to subsection (3.1), the owner or person in charge of a vessel arriving at a harbour shall, within 7 days after the vessel's arrival, deliver to the Corporation one copy of the inward manifest of the vessel, certified by the owner of the vessel, setting forth such details of the goods listed in each bill of lading as the Corporation may request.

(3.1) The Corporation may require one additional copy of the manifest referred to in subsection (3) where, in its opinion, the additional copy is required for administrative purposes.

(4) The owner or person in charge of a vessel that unloads at more than one berth shall, immediately after unloading is completed at each berth, furnish the Corporation with details of the cargo discharged.

78. (1) The owner or person in charge of a vessel clearing from a harbour shall give notice to the Corporation of his intent to vacate the berth or anchorage occupied by his vessel.

(2) The owner or person in charge of a vessel clearing from a harbour shall, within 24 hours after the vessel's departure, deliver to the Corporation a certificate signed by him setting forth as much of the following information as is required in respect of his vessel by the Corporation:

(a) tonnage of goods loaded;

(b) number of passengers embarked;

(c) draught upon departure;

(d) time of departure;

(e) next port of call;

(f) name of owner or agent;

(g) number of bags of mail loaded;

(h) movements of vessel in harbour; and

(i) official number.

(3) Subject to subsection (4), the owner or person in charge of a vessel clearing from a harbour shall, within 15 days after the vessel's departure, deliver to the Corporation one copy of the outward manifest of the vessel, certified by the owner of the vessel, setting forth such details of the goods listed in each bill of lading as the Corporation may request.

(4) The Corporation may require one additional copy of the manifest referred to in subsection (3) where, in its opinion, the additional copy is required for administrative purposes.

Vessels Berthing, Mooring or Anchoring in the Harbour

79. (1) No vessel shall, except in an emergency, moor or anchor in a harbour without permission of the Corporation and then only at such place and in such manner as directed by the Corporation.

(2) No vessel shall, without permission of the Corporation pursuant to subsection (2.1), moor or anchor in a harbour within 400 m of any wharf.

(2.1) The Corporation may grant the permission referred to in subsection (2) to a vessel in case of emergency, unusual weather or other exceptional operating conditions.

(3) A vessel berthing or casting off may use an anchor for the purpose of hauling the vessel in or out but, unless otherwise permitted by the Corporation, the anchor shall immediately be weighed or housed once such purpose has been completed.

(4) Every berthed vessel having an anchor out shall

(a) ensure that the anchor cable is sufficiently slackened so that the cable between the hawse pipe and the harbour bed is in an up and down position;

(c) from sunset to sunrise, illuminate the anchor cable between the hawse pipe and the water.

80. Every power-driven vessel berthed, moored or anchored in a harbour shall, unless exempted by the Corporation, at all times have

(a) sufficient power and crew available to enable the vessel to move under its own power on short notice;

(b) sufficient men on board to operate winches and handle mooring lines;

(c) a proper anchor watch with radio watch,

(i) subject to paragraph (d), where the vessel is within a traffic zone as defined in the VHF Radiotelephone Practices and Procedures Regulations, on the very high frequency (VHF) channel appropriate to that traffic zone or part thereof, or

(ii) where the vessel is not within a traffic zone, on the very high frequency (VHF) channel 16 (156.8 MHz); and

(d) within the harbour of Prince Rupert, British Columbia, a proper anchor watch with radio watch on the very high frequency (VHF) channel 16 (156.8 MHz).

81. The Corporation may, upon reasonable grounds of suspicion, require any vessel not in excess of 20 tons register in the harbour to submit to search.

82. No vessel shall occupy a berth or move from one berth to another berth at Corporation property without permission of the Corporation.

83. The owner or person in charge of a vessel who has obtained permission for such vessel to occupy a berth at Corporation property shall

(a) advise the Corporation of the current estimated time of arrival of the vessel, and

(b) provide the Corporation with a description of the goods, including the quantity thereof, to be loaded or unloaded,

and the Corporation may thereupon assign a berth to such vessel and may change such berth from time to time, but the Corporation is not liable for any damages resulting from any delay in providing a berth, from failure to provide a berth or from the shifting of the vessel from one berth to another.

84. The lines of every vessel berthed or moored at Corporation property shall be made fast only to facilities provided for berthing or mooring purposes, and such lines shall not lie across any Corporation wharf or across any channel in such manner as to obstruct passage of any other vessel.

85. (1) No vessel shall make fast to or secure alongside any other vessel at Corporation property without permission of the Corporation.

(2) Every vessel shall, when ordered by the Corporation, permit any other vessel to make fast to or secure alongside it.

(3) Where a vessel is made fast to or secured alongside another vessel, a free and unencumbered passage over the inner vessel shall be allowed to the outer vessel for loading, unloading and access to and from the shore.

(4) Where a vessel is made fast to or secured alongside another vessel, the lines of the vessel that is made fast or secured shall not, except in an emergency, be cut or cast off without permission of the Corporation and without notice of the intention to do so having been given to the vessel that is made fast or secured.

86. (1) Every vessel loading or unloading at Corporation property shall commence such work as soon as possible after berthing and shall continue such work until completed to the satisfaction of the Corporation even though overtime charges may be incurred by the vessel for the uninterrupted continuance of such work.

(2) Where the Corporation considers that any goods that are to be loaded onto or unloaded from a vessel at Corporation property should be handled directly between such vessel and a land conveyance, the Corporation may so direct.

(3) Where a vessel is delayed in loading or departing from Corporation property, the master or agent of the vessel shall report immediately to the Corporation the reason for and the probable duration of the delay.

87. (1) No vessel, when berthed at Corporation property or alongside another vessel in a harbour, shall, without the permission of the Corporation, engage in equipment or machinery tests or any operations likely to endanger such property or other vessels.

(2) No vessel when berthed at Corporation property or moored or anchored in a harbour shall shut down or dismantle main engines without permission of the Corporation.

Miscellaneous

88. A vessel shall receive bunkers only with permission of the Corporation, and shall block off all scuppers and other openings in a manner satisfactory to the Corporation when bunkers are being supplied.

89. The Corporation may refuse to allow any vessel to enter a harbour where that vessel is carrying dangerous cargo or explosives or, in the opinion of the Corporation, is in a dangerous condition.

90. Every vessel in a harbour shall display conspicuously its name and accurate draught marks.

91. Unless otherwise directed by the Corporation, every power-driven vessel shall, when leaving a berth, sound one prolonged blast of 4 to 6 seconds duration on its whistle or siren.

92. (1) Every vessel in a harbour shall have suitable gangways, clearly illuminated at night, for the use of persons boarding or leaving the vessel, and every such gangway shall be attended at all times by a watchman or other responsible person and have a suitable heaving line and lifebuoy conveniently located thereby.

(2) Every vessel shall use suitable safety nets beneath every gangway and in such other places as may be necessary to prevent persons or goods from falling into the water.

93. Equipment for loading cargo onto, unloading cargo from or handling cargo on a vessel in a harbour shall be placed in such a manner as to give clear and uninterrupted access to and from the vessel, shall not interfere with any other operation in the harbour and, from sunset to sunrise, shall be clearly illuminated.

94. The side ports of every vessel in a harbour shall, from sunset to sunrise, be

(a) clearly illuminated when open; and

(b) closed when not in use.

95. (1) Every vessel that extends beyond the end of any wharf in a harbour shall, from sunset to sunrise, keep the projecting end of the vessel adequately illuminated so as to be readily observed from all directions.

(2) Every vessel loading or unloading in a harbour shall use lights of an approved electric type located in safe positions, the connecting wires for which between ship and shore are properly insulated, protected against damage and connected in accordance with directions of the Corporation.

(3) Where a vessel is turning its propeller while berthed at Corporation property or at anchor, it shall, from sunset to sunrise, be sufficiently illuminated to clearly indicate such activity.

96. A suitable device shall be affixed to the lines of a vessel berthed in a harbour to prevent the passage of rodents between the vessel and Corporation property and such other precautions as the Corporation deems necessary shall be taken for this purpose.

97. The internal combustion engines on every vessel operating in a harbour shall be equipped with exhaust mufflers, which shall be used continuously when the engines are running.

98. No rigging, gear or other equipment of any vessel in a harbour shall overhang or project from the side of the vessel in a manner that may endanger life or property.

99. No whistle, siren or fog-horn on any vessel in a harbour shall be sounded unnecessarily, and no such equipment shall be tested without the permission of the Corporation.

100. (1) Unless exempted in writing by the Corporation pursuant to subsection (2), every vessel in a harbour shall maintain an adequate watch and, in the event of any danger, accident, disturbance or fire, such watch shall immediately give an alarm and notify

(a) at St. John's, either the C.P.C. Police or the municipal police and either the Harbour Master or the St. John's Coast Guard Traffic Centre;

(b) at Halifax, the C.P.C. Police and the Harbour Master;

(c) at Saint John, the C.P.C. Police and the Harbour Master;

(d) at Sept-Iles, the municipal police and the General Manager;

(e) at Chicoutimi, the municipal police and the General Manager;

(f) at Quebec, the C.P.C. Police and the Harbour Master;

(g) at Trois-Rivières, the municipal police and the General Manager;

(h) at Montreal, the C.P.C. Police and the Harbour Master;

(i) at Prescott, the municipal police (Ontario Provincial Police) and either the Operations Manager or the General Foreman;

(j) at Port Colborne, the municipal police (Niagara Regional Police) and either the Superintendent or the General Foreman;

(k) at Churchill, either the C.P.C. Police or municipal police (Royal Canadian Mounted Police) and either the General Manager or the Officer in Charge;

(l) at Vancouver, the C.P.C. Police and the Harbour Master; and

(m) at Prince Rupert, the municipal police (Royal Canadian Mounted Police) and the General Manager.

(2) Where, in the opinion of the Corporation, unusual operating circumstances make it impracticable for a vessel to comply with the requirements of subsection (1), the Corporation shall exempt the vessel from compliance therewith.

101. No vessel shall be abandoned, sunk, burned, broken up, dismantled, allowed to remain on shore or cast adrift in a harbour without the permission of the Corporation.

102. (1) The master or person in charge of a vessel involved in

(a) an accident causing death of or injury to persons or loss or destruction of or damage to property,

(b) a collision, or

(c) a grounding

in a harbour shall deliver forthwith to the Corporation log extracts covering the incident and a detailed written report of such accident, collision or grounding.

(2) Notwithstanding any other report required by this section, every vessel involved in an accident, collision or grounding in a harbour shall immediately report the incident by the quickest possible means to the relevant authorities specified in section 100.

103. No vessel shall engage in dredging or removing obstructions in a harbour without the permission of the Corporation.

104. (1) The master or person in charge of a vessel that has lost cargo or ship's gear in a harbour shall, after obtaining permission from the Corporation, forthwith recover the lost article if practicable, but if such recovery is not made, the master or person in charge of that vessel shall deliver to the Corporation a written report of the loss giving

(a) the approximate location of the lost article;

(b) a description of the lost article; and

(c) other pertinent details relating to the loss.

(2) Where the Corporation receives a report pursuant to subsection (1) it may, at the risk and expense of the owner of the vessel that lost the article, recover the lost article.

Aircraft

105. (1) No aircraft shall land on or take off from the water in a harbour or from Corporation property except with permission of the Corporation and at locations designated by the Corporation.

(2) Aircraft landing on or taking off from the water in a harbour shall yield the right-of-way to vessels under way.

(3) The provisions of this By-law relating to vessels apply to aircraft underway or at rest on the water of a harbour and to air cushion vehicles.

PART IV

EXPLOSIVES AND DANGEROUS GOODS

106. In this Part,

"authorized place" means any transit shed, wharf, berth, anchorage, or other place in a harbour including private property, designated as an authorized place by the Corporation; (lieu autorisé)

"C.T.C. Regulations" means Regulations for the Transportation of Dangerous Commodities by Rail; (règlement de la C.T.C.)

"dangerous goods" means

(a) any article or substance, except explosives and ship's ammunition, of such kind or quantity as may constitute a serious danger to life or property, and

(b) any article or substance, including explosives and ship's ammunition, that, by notice, the Corporation may designate as dangerous goods for the purposes of this Part;

(marchandises dangereuses)

"Department of Transport Regulations" means the Dangerous Goods Shipping Regulations; (règlement du ministère des transport)

"explosives" means

(a) any article or substance, except "safety class ammunition" defined or classified as explosive in the C.T.C. Regulations, Department of Transport Regulations and I.M.O. Code including any other article or substance of a similar nature other than ship's ammunition,

(b) any highly flammable article or substance of such kind or quantity as may constitute a serious danger to life or property, and

(c) any article or substance, including safety class ammunition and ship's ammunition, that the Corporation may, by notice, designate as explosives for the purposes of this Part;

(explosifs)

"firearm" means a firearm as defined in the Criminal Code, but does not include ship's ammunition; (arme à feu)

"I.M.O. Code" means the International Maritime Dangerous Goods Code published by the Inter-Governmental Maritime Consultative Organization; (Code de l'O.M.I.)

"ship's ammunition" means any article or substance on board a vessel and necessary for the safety or defence of a vessel. (munitions de bord)

107. No railway car or other vehicle shall, while carrying explosives, enter, move within or depart from a harbour except with permission of the Corporation and upon such conditions, including any conditions respecting liability, as may be imposed by the Corporation.

108. No vessel having explosives on board shall enter, move within or depart from a harbour except with permission of the Corporation and upon such conditions, including any conditions respecting liability, as may be imposed by the Corporation, and in no case shall any such vessel

(a) enter, move within or depart from a harbour in fog, mist, falling snow or heavy rain, unless there is clear visibility of at least 1 mile; or

(b) remain in a harbour after the time set by the Corporation for its departure.

109. Every vessel loading, unloading or having on board explosives shall display the following signals:

(a) from sunrise to sunset, International Code flag "B"; and

(b) from sunset to sunrise, a conspicuous all-round red light.

110. Every vessel when passing any berthed, moored or anchored vessel displaying a signal referred to in section 109 shall govern its speed with due regard for the circumstances indicated by the signal.

111. Every vessel having explosives on board shall have at all times a sufficient and competent crew to move and navigate the vessel.

112. The hatches of every vessel having explosives on board shall, when not in use, be kept closed and in a seaworthy condition.

113. Except with permission of the Corporation, any lighter, barge, scow or other similar vessel lightering or otherwise transporting explosives to, from or within a harbour shall be a non-self-propelled type suitable for lightering or otherwise transporting explosives and shall be moved by means of a tug, which shall remain alongside for such time as such vessel has any explosives on board.

114. No vessel whose sole or partial means of propulsion is a gasoline engine shall have explosives on board.

115. No explosives shall be loaded, unloaded or handled in a harbour, whether or not on a vessel, between sunset and sunrise without permission of the Corporation.

116. (1) No artificial light, except electric light or flashlights of a non-spark type, shall be used in a harbour in the vicinity of any place where explosives are being loaded, unloaded or handled.

(2) Electric lights and the wires used in connection with such lights shall be in good condition and the lights shall be protected adequately by metal guards against breakage.

117. No explosives, dangerous goods or firearms shall be loaded, unloaded or handled in a harbour except at such times and in such places as the Corporation may fix or authorize and upon such conditions, including any conditions respecting liability, as may be imposed by the Corporation.

118. Every vessel that has explosives, dangerous goods or firearms on board shall, before entering a harbour, make a written report to the Corporation setting forth in detail the kind, quantity and destination of such explosives or dangerous goods or firearms.

119. No vessel that has explosives or dangerous goods on board shall berth, moor or anchor in a harbour except at a place authorized by the Corporation and in the manner stipulated by the Corporation.

120. Every vessel that has explosives or dangerous goods on board in a harbour shall, if required by the Corporation, at all times be ready to get underway under her own power or have a suitable tug standing by.

121. (1) Every vessel entering a harbour that has explosives or dangerous goods on board for unloading therein shall unload them with all possible expedition at the time fixed by the Corporation.

(2) Every vessel loading or intending to load explosives or dangerous goods for outward movement from a harbour shall load them with all possible expedition at the time fixed by the Corporation and depart from the harbour without avoidable delay unless permission to remain in the harbour is granted by the Corporation.

122. Every vessel that has explosives or dangerous goods on board, when berthed, moored or anchored in a harbour, shall have at all times, at both bow and stern, a suitable tow line of steel wire securely fastened on deck by one end and hanging over the off-shore side of the vessel in such a manner that the other end, which shall be equipped with an eye, is located at a point not more than 1 metre from the surface of the water.

123. No explosives or dangerous goods shall be loaded, unloaded or handled in a harbour except

(a) in a manner satisfactory to the Corporation; and

(b) by persons assigned to and competent to do such work who are under the supervision and in the continuous presence of a person in charge who, in the opinion of the Corporation, is competent to direct the operation.

124. No vessel loading, unloading or having explosives or dangerous goods on board in a harbour shall engage in or permit any operation that may cause explosion or fire or in any other manner endanger life or property.

125. (1) No explosives or dangerous goods shall be moved to or from a harbour by vessel, railway freight, railway express or any other means unless they are packed, marked, labelled, described, certified, stowed and loaded in conformity with the C.T.C. Regulations, the Department of Transport Regulations and the I.M.O. Code.

(2) No explosives or dangerous goods shall be moved, handled or stored on Corporation property except in accordance with instructions in writing issued by the Corporation in respect of those explosives or goods.

126. No explosives or dangerous goods intended for shipment by vessel shall be brought into a harbour or left in any place in a harbour except at such times, in such places and in such quantities as the Corporation may fix or authorize.

127. Explosives or dangerous goods unloaded from a vessel shall be removed from a harbour without delay, and in the event of any delay, the person effecting the removal shall report immediately to the Corporation the reason for and probable duration of the delay.

128. Any explosives or dangerous goods that are brought into a harbour otherwise than in accordance with section 126 or are not removed from a harbour in accordance with section 127 may be removed, destroyed or otherwise disposed of by the Corporation at the risk and expense of the person in possession thereof.

129. A person in possession of any explosives or dangerous goods in a harbour whether in a railway car or other vehicle, shall arrange for the constant and adequate guarding of such explosives or dangerous goods, and, where such arrangements are not made by such person, the Corporation may, at the risk and expense of that person, arrange for such guarding as it deems necessary.

130. Any explosives or dangerous goods that are handled or placed in or upon any place authorized by the Corporation shall be so segregated as to kind and from other goods as to minimize danger to life and property.

131. (1) No person shall store any explosives or dangerous goods on Corporation property unless they are adequately guarded and

(a) marked with adequate warning signs visible from all directions; and

(b) stacked in small parcels with suitable fire lanes between each parcel and around the perimeter of the parcels.

(2) No unauthorized person or vehicle shall be allowed in the vicinity of any place where explosives or dangerous goods are stored on Corporation property.

132. Defective or damaged shipments of explosives or dangerous goods, and explosives or dangerous goods that have escaped or been spilt from their containers shall immediately be rendered harmless by the person in possession of them and, if this action is not taken, the Corporation may, at the risk and expense of that person, remove, destroy or otherwise dispose of such shipments, explosives or dangerous goods.

133. Safe, suitable and sufficient equipment shall be used in loading, unloading and handling explosives or dangerous goods and such equipment shall be maintained and used in a safe and efficient manner.

134. No unauthorized person shall be present or permitted to be present in any place containing explosives or dangerous goods or on any vessel loading, unloading or having on board explosives or dangerous goods.

135. No person shall

(a) handle explosives or dangerous goods roughly or carelessly or while under the influence of intoxicants; or

(b) do anything that, or omit to do anything the omission of which, may damage the explosives or dangerous goods, cause explosion or fire in a harbour or in any other manner endanger life or property.

PART V

FIRE PREVENTION

136. Every person in a harbour shall comply with all such standards of fire prevention and protection against fire as, in the opinion of the Corporation, are from time to time necessary or advisable for the protection of persons and property.

137. (1) Welding and burning equipment shall be used in a harbour only with written permission of the Corporation and only by fully qualified operators.

(2) Before welding or burning equipment is used in a harbour, all flammables shall be moved to such a distance from the equipment as will render them safe from fire and, where such movement is impossible, the flammables shall be adequately shielded.

(3) No tanks, containers or other facilities used for storage or transportation of flammables shall be repaired in a harbour with welding or burning equipment until such facilities have been rendered safe for making the repairs.

(4) Suitable fire-extinguishing equipment, ready for instant use in case of fire, shall be placed near each unit of welding or burning equipment in use in a harbour.

(5) Every compressor or generator used in connection with welding or burning equipment shall be placed securely and in such a manner as not to interfere with any other operations carried on in the harbour or on Corporation property.

(6) No operator of welding or burning equipment shall do anything that, or omit to do anything the omission of which, may cause explosion or fire.

138. No person shall set off rockets or fireworks or carry on blasting operations in a harbour without permission of the Corporation.

139. No person shall smoke or have in his possession any lighted match or other lighted fire-producing device

(a) in, on or at any Corporation shed, grain elevator or warehouse, except in such areas as may be marked for the purpose of smoking;

(b) inside any railroad freight car on Corporation property; or

(c) on any railroad car in areas where smoking is prohibited by the Corporation.

140. No artificial light by which fire may be communicated shall be used on Corporation property without permission of the Corporation.

141. No article or substance shall be burned, boiled or heated by fire on Corporation property except with permission of the Corporation and at such place and in such manner as the Corporation directs.

142. (1) Every vessel in a harbour shall have suitable fire-extinguishing equipment available for immediate use in any part of the vessel.

(2) The Corporation may, in addition to the equipment required by subsection (1), require additional equipment to be provided in any vessel to meet any particular condition that, in the opinion of the Corporation, involves extra fire risk.

143. No burning or welding may be performed in any vessel berthed in a harbour without the written permission of the Corporation.

144. No fire shall be allowed on any vessel in a harbour except in suitable containers and under watch.

145. In the event that a fire occurs at a dock at which a vessel is berthed, or on board any vessel in a harbour, such vessel shall

(a) make a continuous sounding with its whistle or siren until the alarm has been acknowledged by the relevant authorities specified in subsection 100(1);

(c) use the signal, in addition to, but not in substitution for, other means of reporting the fire, and for no other purpose; and

(d) report the fire immediately by the quickest possible means to the relevant authorities specified in section 100.

146. No person, when in or upon

(a) any vessel in a harbour, or

(b) any place in a harbour,

where explosives or dangerous goods or highly flammable goods are located, shall smoke or have in his possession any match or fire-producing device or wear or have in his possession any article or substance that may cause explosion or fire, and, for the purpose of enforcing this section, the Corporation shall possess the right of search.

147. No fire or other activities that, in the opinion of the Corporation, may cause either explosion or other fires shall be permitted in a harbour while explosive or dangerous goods are being loaded, unloaded or handled.

148. Sufficient fire-extinguishing equipment of a type suitable for coping with incipient fires while explosives or dangerous goods are on Corporation property, or are being loaded, unloaded or handled in a harbour shall be provided by the person in possession of such explosives or dangerous goods and shall be maintained ready by that person for immediate use.

149. No person shall use a fire hydrant located on Corporation property for any purpose other than fire or fire drill without permission of the Corporation and then only in a manner satisfactory to the Corporation.

150. Every vessel loading, unloading or having on board explosives or dangerous goods shall display "No Smoking" signs in prominent positions on the vessel.

PART VI

OFFENCES AND PENALTIES

151. Every person who contravenes or violates any provision of this By-law, or who, having any other person under his command or direction, knowingly or negligently permits that person to contravene or violate any provision of this By-law is guilty of an offence and liable on summary conviction to a fine not exceeding $500 or imprisonment for a term not exceeding 60 days, or, in default of payment of a pecuniary penalty and of the costs of conviction, to imprisonment for a term not exceeding 30 days.

Established by the CONSOLIDATED REGULATIONS OF CANADA, 1978.

amended by

SOR/78-30 29 December, 1977 pursuant to section 14 of the National Harbours Board Act, effective January 11, 1978

Section 65.

SOR/78-558 30 June, 1978 pursuant to section 14 of the National Harbours Board Act, effective September 1, 1978

Subsection 2(1) by adding the definitions "air cushion vehicle" and "Canadian Coast Guard Traffic Centre"; the definitions "marine traffic control centre" and "St. Lawrence Waterway" in subsection 2(1) are revoked; subsection 6(2); section 20; section 43 by adding paragraph (f); subsection 46(2); the heading immediately preceding section 47 and sections 47 to 59; paragraph 62(3)(b) is revoked; sections 63 to 76 are revoked; subsection 77(1); paragraph 79(4)(b) is revoked; section 80 by adding paragraph (c); paragraph 83(a); subsection 91(1); subsection 95(1); subsection 95(3); section 100; and subsection 105(3).

SOR/78-920 1 December, 1978 pursuant to sections 11 and 14 of the National Harbours Board Act

Section 3.

SOR/79-179 20 February, 1979 pursuant to section 14 of the National Harbours Board Act

Subsection 79(2).

SOR/79-510 28 June, 1979 pursuant to section 14 of the National Harbours Board Act, effective July 25, 1979

Paragraph 3(1)(a) of the French version; and subsection 3(2).

SOR/80-469 20 June, 1980 pursuant to section 14 of the National Harbours Board Act

Subsection 3(1).

SOR/81-509 25 June, 1981 pursuant to section 14 of the National Harbours Board Act

Section 3 by adding subsection (4).

SOR/82-434 23 April, 1982 pursuant to section 14 of the National Harbours Board Act

Subsection 77(3); and subsection 78(3).

SOR/82-485 7 May, 1982 pursuant to section 14 of the National Harbours Board Act

Paragraph 46(1)(c); paragraph 80(c); section 91; and paragraphs 145(a) and (b).

SOR/83-220 8 March, 1983 pursuant to section 14 of the Canada Ports Corporation Act

Section 5.