cma001 - PORT AUTHORITIES OPERATIONS REGULATIONS

"activity list", in respect of a port, means the Part of Schedule I particular to that port.

"dangerous goods" has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992.

"designated area" means an area designated by a port authority in respect of an activity set out in column I of an activity list.

"fee" means a fee fixed under subsection 49(l) of the Canada Marine Act or accepted by a port authority under section 53 of that Act.

"hot work" means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding.

APPLICATION

2. Subject to section 3, these Regulations apply in respect of the navigable waters of a port, works and activities in a port and the property managed, held or occupied by a port authority.

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 a determination under that Act by the Minister as to whether the work will interfere with navigation if the work is built, placed, rebuilt, repaired or altered in, on, over, under, through or across the navigable waters of a port by

4. These Regulations are binding on Her Majesty in right of Canada or a province.

PART I

5. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a port that has or is likely to have any of the following results:

(a) to jeopardize the safety or health of persons in the port;

(b) to interfere with navigation;

(d) to interfere with an authorized activity in the port;

(e) 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 of the port;

(f) to cause a nuisance;

(g) to cause damage to ships or other property;

(h) to adversely affect soil, air or water quality; or

(i) to adversely affect port operations or the property managed, held or occupied by the port authority.

6. No person shall, in a port, conduct an activity set out in column I of the activity list if an "X" is set out in column 4.

7. No person shall access any area managed, held or occupied by a port authority unless

8. A port authority may have signs posted or devices installed for the purpose of ensuring the safety of persons and property in a port, the environmental protection of the port or the management of the marine infrastructure and services of the port in a commercial manner.

9. (1) Every person in a port must comply with the instructions on signs posted and with devices installed under the authority of the port authority unless the person is authorized by the port authority to do otherwise.

10. (1) Every person who operates a vehicle on property managed, held or occupied by a port authority shall do so in a safe manner and at a speed that does not exceed the lower of

11. (1) A port authority may have signs and devices installed on property managed, held or occupied by it respecting

(2) Every person who operates a vehicle on property managed, held or occupied by a port authority 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 in possession of the vehicle may be held liable.

12. A port authority may have a vehicle moved or stored at the time at which the vehicle is found to be parked or stopped contrary to this section if the vehicle is

13. (1) Unless otherwise authorized under these Regulations, a person who, in a port, drops, deposits, discharges or spills refuse, a substance that pollutes, cargo, ship's gear or any other thing that interferes with navigation shall

(2) If the person does not remove the refuse, substance, cargo, ship's gear or thing immediately, the port authority may conduct the removal and, if the thing removed interfered with navigation, the removal may be done at the expense of the person.

14. Every person in a port shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property in the port, taking into account the activities and goods in the port.

15. Every person who by act or omission causes a dangerous situation in a port shall

(i) post the notices, deploy the lights and erect the fences, barricades or other devices that are necessary to prevent accidents and to protect persons and property, or

(ii) station a person at the site of the dangerous situation to warn persons of the danger;

(b) take appropriate measures to prevent injury to persons or damage to property; and

(c) notify the port authority without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.

16. Despite any other provision of these Regulations, a person may, in a port, conduct an activity set out in column I of the activity list without having a contract, lease or licence or an authorization from the port authority or complying with the conditions of an authorization for the duration of an emergency situation if

17. If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a port damages 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

18. A person who does anything in a port 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 report of the incident to the port authority without delay.

19. (1) If, in a port, a person conducts an activity, other than an activity set out in Schedule 1, that is likely to have any of the results prohibited under section 5, a port authority may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result.

(2) The person shall immediately comply with the instructions of the port authority.

PART 2

20. If a port authority is the proponent of an activity that is set out in column 1 of the activity list and 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 the responsibility of the port authority for the safety of persons and property in the port, the environmental protection of the port and the management of the marine infrastructure and services of the port in a commercial manner.

21. Subject to its letters patent and section 22, a port authority set out in Schedule 2 or a person acting on behalf of a port authority set out in Schedule 2 may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the port a work within the meaning of the Navigable Waters Protection Act that may interfere with navigation.

22. (1) Before carrying out an activity referred to in section 21, the port authority shall conduct an assessment of the impact of the work on navigation in the port.

(2) The port authority shall ensure that a report that summarizes the assessment is prepared before the activity is begun in respect of the work.

PART 3

23. A person may, in a port, conduct an activity set out in column 1 of the activity list 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 port authority.

24. If, by entering into a contract or lease or granting a licence, a port authority authorizes an activity set out in column I of the activity list that has or is likely to have any of the results prohibited under section 5, the port authority 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.

25. (1) Subject to subsections (2) and (3), a port authority may, by means of posted signs or by forms, give an authorization under this section to conduct in the port an activity set out in column 1 of the activity list 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 5, the port authority may give the authorization without conditions, as long as the authorization is posted in a prominent place clearly visible to persons wanting to conduct the activity.

(3) If the conduct of the activity is likely to have a result prohibited under section 5, the port authority may give the authorization only if, for the activity, it

26. (1) No person shall conduct an activity set out in column 1 of the activity list 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 and pays the applicable fee, if any.

(2) If a condition for conducting the activity is to complete a checklist the per conducting the activity shall keep the checklist readily available for inspection.

27. (1) A port authority may give a written authorization under this section to a person to conduct, in the port, an activity set out in column 1 of the activity list if

(2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 28(2), the port authority shall

28. (1) No person shall, in a port, conduct an activity set out in column I of the activity list if an "X" is set out in column 3 unless the person

(2) A person that seeks an authorization from a port authority to conduct an activity in the port shall provide to the port authority

(a) the name and address of the person;

(b) the applicable fee, if any;

(c) information relevant to the proposed activity and required by the port authority to assess the likelihood of the occurrence of any of the results prohibited under section 5;

(d) if required by the port authority, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names the port authority as an additional insured and provides for the insurer to notify the port authority in the event that the policy is amended or cancelled; and

29. A port authority may cancel an authorization given under section 27 or change the conditions to which an authorization is subject if

(a) the conduct of the activity has a result prohibited under section 5 or, as a result of a change in circumstances, becomes likely to have such a result;

(b) the insurance coverage, performance security or damage security obtained by the person in respect of the conduct of the activity becomes inadequate for the activity or is cancelled;

(d) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization.

30. (1) If an authorization given under section 27 is cancelled, the port authority shall give notice of the cancellation to the person to whom the authorization was given.

31. (1) A port authority may instruct a person to take any of the actions prescribed under subsection (2) if

(a) the person conducts an activity that is prohibited under section 6;

(b) the person conducts an activity for which an authorization is required under section 27 without first obtaining the authorization or without being covered by one;

(d) the authorization to conduct the activity is cancelled under section 29; or

(e) 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 5.

(3) The person shall immediately comply with the instructions of the port authority.

(4) If the person fails to remove the thing or to restore the property immediately, the port authority may conduct the removal or restoration and may store the thing.

(5) If the thing removed or stored by the port authority interfered with navigation, the removal and, if applicable, the storage may be done at the expense of the person.

Movement of Containers into, within or out of the
Vancouver Port and Fraser River Port

31.1 (1) The Vancouver Port Authority and the Fraser River Port Authority shall not permit access to their respective ports by a truck or other road transportation equipment for the delivery, pick-up or movement of containers into, within or out of the port unless they have issued a written authorization in the form of a licence, in this regard and the holder of that authorization is in compliance with the minimum conditions referred to in subsection (2).

(2) The written authorization referred to in subsection (1) shall specify as minimum conditions of the authorization that the holder comply with and ensure compliance with

(a) any appointment or reservation system established or adopted by the port authority for the port;

(b) the requirements established by the port authority respecting the identification of trucks and other road transportation equipment and the tracking, monitoring, location and movement of the trucks and other road transportation equipment into, within and out of the port; and

(c) any applicable law in respect of rates of remuneration that the owner-operator of a tractor covered by an authorization is to receive for the delivery, pick-up or movement of containers into, within or out of the port.

PART 4

32. (1) This section applies in respect of ships of a class for which fees are fixed under subsection 49(l) of the Act.

(3) At least 24 hours before a ship enters a port, the owner or the person in charge of the ship shall provide the following information to the port authority if the information has not already been provided for the purpose of obtaining a traffic clearance:

(a) the name of the ship, its port of registry and its identification number as it appears in the Lloyd's Register of Shipping or on the ship's certificate;

(b) the name of the owner, the master and the agent of the ship;

(d) the port from which and the date on which the ship began its voyage;

(e) the estimated time of arrival of the ship in the port;

(f) the estimated draught of the ship on arrival in the port and on departure;

(g) the description, quantity and tonnage of dangerous goods that are in transit on the ship or that will be loaded, unloaded or transferred in the port, in the form provided by the port authority;

(h) the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the port;

(i) the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship;

(j) if the ship is not engaged in cargo or passenger operations, the purpose of the ship's visit to the port;

(k) the last port of call of the ship and its next intended port of call; and

(l) any other information requested by the port authority and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 5 or to the management of the marine infrastructure and services of the port in a commercial manner.

(4) The owner or the person in charge of the ship shall provide the port authority with the description, quantity and tonnage of the cargo loaded, unloaded or transferred at each berth or anchorage within 24 hours after the loading, unloading or transferral.

33. (1) If a ship is waiting for another ship to load, unload or transfer cargo to get a berth or anchorage, the owner or the person in charge of the other ship shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

(2) If the loading, unloading or transfer operations of the ship, or the movement of its cargo, are not conducted with dispatch, the port authority may instruct the owner or the person in charge of the ship to move

(3) If, to allow a waiting ship to berth or to anchor promptly, the loading, unloading or transfer operations of a ship, or the movement of its cargo, are conducted around the clock or the ship,or cargo is moved on the instructions of the port authority, the owner or person in charge of the waiting ship shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

34. The owner or the person in charge of a ship berthed, moored or anchored in a port shall ensure that

35. The owner or the person in charge of a ship that is berthed, moored or anchored in a port shall ensure that the ship is fitted with arrangements suitable for attaching a towing line so that the ship can be towed from its berth, mooring or anchorage if moving the ship is necessary for the safety of persons or property in the port.

PART 5

47. The By-law Prohibiting the Operation of Vessels in Designated Waters is repealed.

48. The Vancouver Port Corporation Navigation Restriction By-law, 1992 is repealed.

52. The Hamilton Harbour Commissioners' Land Use and Development By-law is repealed.

SCHEDULE 1

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out
	(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between ships		X
	(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transfer		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	setting off a flare or other signalling device		X
11.	placing or operating a light or day marker		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object			X
14.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
15.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
16.	fishing
	(a) in a designated area under a scientific permit issued by the Department of Fisheries and Oceans		X
	(b) in a designated area without a scientific permit issued by the Department of Fisheries and Oceans			X
	(c) anywhere else			X
17.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
18.	causing a fire or explosion, conducting blasting or setting off fireworks		X
19.	placing a placard, bill, sign or device		X
20.	selling or offering for sale goods or services		X
21.	distributing circulars, leaflets or advertising materials		X
22.	engaging in any form of solicitation		X
23.	swimming			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) in a navigation channel		X
	(b) anywhere else	X
2.	carrying out hot work	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting explosives		X
5.	bunkering or fuelling	X
6.	releasing refuse or other similar material or substance			X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation	X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo in an area other than in a designated area		X
11.	setting off a flare or other signalling device			X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
14.	casting adrift a ship or other object		X
15.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
16.	depositing or moving landfill or other material		X
17.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
18.	causing an explosion, conducting blasting or setting off fireworks		X
19.	placing a placard, bill, sign or device	X
20.	selling or offering for sale goods or services	X
21.	distributing circulars, leaflets or advertising materials	X
22.	engaging in any form of solicitation	X
23.	swimming
	(a) in a designated area	X
	(b) anywhere else		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out
	(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between ships		X
	(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transfer		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	setting off a flare or other signalling device		X
11.	placing or operating a light or day marker		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object			X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
16.	causing a fire or explosion, conducting blasting or setting off fireworks		X
17.	placing a placard, bill, sign or device		X
18.	selling or offering for sale goods or services		X
19.	distributing circulars, leaflets or advertising materials		X
20.	engaging in any form of solicitation		X
21.	swimming
	(a) in a designated area	X
	(b) in any other area			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or form (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work
	(a) in designated areas	X
	(b) anywhere else		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
14.	casting adrift a ship, log or other object			X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing	X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	engaging in any type of recreational water activity
	(a) in a navigation channel or in the vicinity of a commercial dock			X
	(b) anywhere else		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation in a designated area		X
2.	carrying out hot work in a designated area		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation in a designated area		X
9.	excavating or removing any material or substance from a designated area		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated area		X
14.	casting adrift a ship, log or other object		X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, through or across land or water in a designated area		X
17.	fishing in a designated area		X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated area		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks in a designated area		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) recreational diving in a designated area	X
	(b) recreational, diving anywhere else			X
	(c) commercial diving		X
2.	carrying out hot work	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting explosives or other dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation	X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object		X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	fishing
	(a) in a designated area	X
	(b) in any other area			X
16.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
17.	causing a fire or explosion, conducting blasting or setting off fireworks		X
18.	placing a placard, bill, sign or device		X
19.	selling or offering for sale goods or services		X
20.	distributing circulars, leaflets or advertising materials		X
21.	engaging in any form of solicitation			X
22.	swimming
	(a) in a designated area	X
	(b) in any other area			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) in a navigation channel		X
	(b) anywhere else	X
2.	carrying out hot work	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting explosives		X
5.	bunkering or fuelling	X
6.	releasing refuse or other similar material or substance			X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation	X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo in an area other than in a designated area		X
11.	setting off a flare or other signalling device			X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
14.	casting adrift a ship or other object		X
15.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
16.	depositing or moving landfill or other material		X
17.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
18.	causing an explosion, conducting blasting or setting off fireworks		X
19.	placing a placard, bill, sign or device	X
20.	selling or offering for sale goods or services	X
21.	distributing circulars, leaflets or advertising materials	X
22.	engaging in any form of solicitation	X
23.	swimming
	(a) in a designated area	X
	(b) anywhere else		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) at a berth		X
	(b) anywhere else	X
2.	carrying out hot work		X
3.	conducting salvage operations	X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling	X
6.	releasing or transhipping refuse or other similar material or substance	X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation	X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo	X
11.	setting off a flare or other signalling device	X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object		X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
16.	causing a fire or explosion, conducting blasting or setting off fireworks		X
17.	placing a placard, bill, sign or device		X
18.	selling or offering for sale goods or services		X
19.	distributing circulars, leaflets or advertising materials	X
20.	engaging in any form of solicitation	X
21.	swimming
	(a) in a navigational channel			X
	(b) anywhere else	X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) recreational diving by a group of more than 10 persons, commercial diving and diving conducted by a government agency such as police or military		X
	(b) recreational diving by a group of 10 persons or fewer in a designated area	X
	(c) any other case		X
2.	carrying out hot work		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object		X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	fishing
	(a) in a designated area	X
	i anywhere else			X
16.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
17.	causing a fire or explosion, conducting blasting or setting off fireworks		X
18.	placing a placard, bill, sign or device		X
19.	selling or offering for sale goods or services		X
20.	distributing circulars, leaflets or advertising materials		X
21.	engaging in any form of solicitation		X
22.	swimming
	(a) in a designated area	X
	(b) anywhere else		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation in a designated area		X
2.	carrying out hot work in a designated area		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation in a designated area		X
9.	excavating or removing any material or substance from a designated area		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, booring, float, picket, mark or sign in a designated area		X
14.	casting adrift a ship, log or other object			X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing in a designated area		X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated area		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks in a designated area		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area		X
25.	venturing out onto ice		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation in a designated area		X
2.	carrying out hot work in a designated area		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation in a designated area		X
9.	excavating or removing any material or substance from a designated area		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated area		X
14.	casting adrift a ship, log or other object			X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing in a designated area		X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated area		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks in a designated area		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area		X
25.	venturing out onto ice		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out
	(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between ships		X
	(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transfer		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	setting off a flare or other signalling device		X
11.	placing or operating a light or day marker		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object			X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
16.	causing a fire or explosion, conducting blasting or setting off fireworks		X
17.	placing a placard, bill, sign or device		X
18.	selling or offering for sale goods or services		X
19.	distributing circulars, leaflets or advertising materials		X
20.	engaging in any form of solicitation		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation in a designated area		X
2.	carrying out hot work in a designated area		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation in a designated area		X
9.	excavating or removing any material or substance from a designated area		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated area		X
14.	casting adrift a ship, log or other object			X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing in a designated area		X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated area		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks in a designated area		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area		X
25.	venturing out onto ice		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out
	(a) an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation between ships		X
	(b) a liquefied natural gas (LNG), liquefied petroleum gas (LPG) or gas vapour transfer		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	setting off a flare or other signalling device		X
11.	placing or operating a light or day marker		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object			X
14.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
15.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
16.	causing a fire or explosion, conducting blasting or setting off fireworks		X
17.	placing a placard, bill, sign or device		X
18.	selling or offering for sale goods or services		X
19.	distributing circulars, leaflets or advertising materials		X
20.	engaging in any form of solicitation		X
21.	swimming			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) in a designated area			X
	(b) anywhere else		X
2.	carrying out hot work
	(a) in a designated area		X
	(b) anywhere else	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	setting off a flare or other signalling device		X
11.	placing or operating a light or day marker		X
12.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
13.	casting adrift a ship, log or other object		X
14.	bringing railway rolling stock onto the property managed, held or occupied by the port authority	X
15.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
16.	setting nets			X
17.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
18.	causing a fire or explosion, conducting blasting or setting off fireworks		X
19.	placing a placard, bill, sign or device		X
20.	selling or offering for sale goods or services		X
21.	distributing circulars, leaflets or advertising materials		X
22.	engaging in any form of solicitation		X
23.	swimming			X
24.	venturing out onto ice			X
25.	operating a sea-planebetween sunset and sunrise			X
26.	operating a sea-plane outside the area that is northeast of a limit made by the extension of a line that begins at the most southwestern point of the breakwall located on the north side of the Main Entrance, proceeds in a northwesterly direction following the line of buoys within the breakwalls and ends at the point where it intersects with the shoreline			X
27.	navigating within the area inside the breakwalls or on a river between sunrise and sunset at a speed greater than 40 km/h			X
28.	navigating within the area inside the breakwalls or on a river between sunset and sunrise at a speed greater than 10 km/h			X
29.	navigating within the area inside the breakwalls or on a river within 30 m of the shore at a speed greater than 10 km/h			X
30.	navigating a ship that is more than 18 m in length within the area inside the breakwalls or on a river at a speed greater than 10 km/h			X
31.	navigating within the area inside the breakwalls or on a river within 100 m of a no-wake area, a launching ramp, a marina, a yacht club or a floating mooring at a speed greater than 10 km/h			X
32.	navigating within the area inside the breakwalls or on a river at a speed greater than 10 km/h while pushing a ship or towing a person, object or ship			X
33.	navigating within the area inside the breakwalls or on a river causing a wake or wave of more than 10 cm in a no-wake area			X
34.	navigating withinthe area inside the breakwalls or on a river causing a wake or wave of more than 40 cm on the shoreline, the bank of the river or against a shore installation or a berthed ship			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) in a navigable channel		X
	(b) anywhere else	X
2.	carrying out hot work
	(a) on a deep-sea vessel		X
	(b) anywhere else	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling	X
6.	releasing or transhipping refuse or other similar material or substance	X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo	X
11.	setting off a flare or other signalling device	X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
14.	casting adrift a ship, log or other object			X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing	X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks		X
20.	placing a placard, bill, sign or device	X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials	X
23.	engaging in any form of solicitation	X
24.	swimming
	(a) in a designated area	X
	(b) anywhere else			X
25.	navigating within 150 m of a shoreline or breakwater at a speed greater than 10 km/h			X
26.	navigating within the inner harbour at a speed greater than 19 km/h			X
27.	navigating within the Eastern Gap or Western Gap at a speed greater than 10 km/h			X
28.	engaging in any type of recreational water activity in a ship channel or within 20 m of a commercial berth			X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation in a designated area		X
2.	carrying out hot work in a designated area		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation in a designated area		X
9.	excavating or removing any material or substance from a designated area		X
10.	transhipping, loading or unloading cargo,		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign in a designated area		X
14.	casting adrift a ship, log or other object		X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing in a designated area		X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity in a designated area		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks in a designated area		X
20.	placing a placard, bill, sign or device		X
21.	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation
	(a) in a designated area	X
	(b) anywhere else		X
2.	carrying out hot work	X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting dangerous goods, industrial waste or pollutants		X
5.	bunkering, fuelling or oil transfer operations other than cargo operations	X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	conducting a dredging operation		X
8.	excavating or removing any material or substance		X
9.	transhipping, loading or unloading cargo
	(a) in a designated area	X
	(b) anywhere else		X
10.	setting off a flare or other signalling device		X
11.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
12.	casting adrift a ship, log or other object		X
13.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
14.	fishing
	(a) in a designated area	X
	(b) anywhere else			X
15.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
16.	causing a fire or explosion, conducting blasting or setting off fireworks		X
17.	placing a placard, bill, sign or device		X
18.	selling or offering for sale goods or services		X
19.	distributing circulars, leaflets or advertising materials	X
20.	engaging in any form of provisioning of ships' stores, including chandlering		X
21.	swimming
	(a) in a designated area	X
	(b) anywhere else		X

	Column 1	Column 2	Column 3	Column 4
Item	Activity	Authorization by posted signs or forms (section 25)	Authorization to a person (section 27)	Prohibited (section 6)
1.	conducting a diving operation		X
2.	carrying out hot work
	(a) in a designated area	X
	(b) anywhere else		X
3.	conducting salvage operations		X
4.	placing, storing, handling or transporting
	(a) explosives		X
	(b) other dangerous goods, industrial waste and pollutants		X
5.	bunkering or fuelling		X
6.	releasing or transhipping refuse or other similar material or substance		X
7.	carrying out an oil transfer operation, a chemical transfer operation or a liquefied gas transfer operation		X
8.	conducting a dredging operation		X
9.	excavating or removing any material or substance		X
10.	transhipping, loading or unloading cargo		X
11.	setting off a flare or other signalling device		X
12.	placing or operating a light or day marker		X
13.	placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign		X
14.	casting adrift a ship, log or other object		X
15.	bringing railway rolling stock onto the property managed, held or occupied by the port authority		X
16.	building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water		X
17.	fishing in a designated area			X
18.	conducting a race, regatta, trial, demonstration, organized event or similar activity		X
19.	causing a fire or explosion, conducting blasting or setting off fireworks		X
20.	placing a placard, bill, sign or device		X
21	selling or offering for sale goods or services		X
22.	distributing circulars, leaflets or advertising materials		X
23.	engaging in any form of solicitation		X
24.	swimming in a designated area			X
25.	navigating between red buoy DP2 west of Peche Island and green buoy DP5 east of Peche Island at a speed greater than 9.3 km/h (5 knots)			X

SCHEDULE 2

Established by:

SOR/2000-55 15 March, 2000 pursuant to subsection 62(1) of the Canada Marine Act, into force on March 1, 2000.

SOR/2000-140 6 April, 2000 pursuant to subsection 62(1) of the Canada Marine Act, into force on April 6, 2000.

Paragraphs 27(2)(c), 28(2)(d), 28(2)(e) are replaced; Part 1 of Schedule 1 is replaced; Schedule 2 is amended by adding "Belledune Port Authority" in alphabetical order.

SOR/2002-179 1 May, 2002 pursuant to subsection 62(1) of the Canada Marine Act come into force May 1st, 2002.

Subsection 10(2)is repealed; Paragraphs 11(1)(a) and (b) of the French version are replaced; Subsection 11(3) is replaced; The portion of section 12 before paragraph (a) is replaced; The portion of section 17 of the French version before paragraph (a) is replaced; The heading before section 27 is replaced; Subsection 27(1) is replaced; Paragraph 27(2)(c) is replaced; The portion of subsection 28(2) before paragraph (a) is replaced; Paragraph 28(2)(a) of the English version is replaced; Paragraph 29(b) is replaced; Paragraph 29(d) is replaced; Subsection 30(1) is replaced; The portion of subsection 31(1) before paragraph (d) is replaced; The portion of paragraph 31(2)(b) before subparagraph (i) is replaced; Subsections 31(3) and (4) are replaced; The heading of column 3 of Schedule 1 is replaced; Schedule 1 is amended by adding PART 3.1 HAMILTON PORT after Part 3; The portion of item 16 of Part 14 of Schedule 1 in column 1 is replaced; Part 14 of Schedule 1 is amended by adding items 25 to 34 after item 24; Part 15 of Schedule 1 is amended by adding items 25 to 28 after item 24; Part 18 of Schedule 1 is amended by adding item 25 after item 24; The Hamilton Harbour Commissioners' General By-law is repealed; The Hamilton Harbour Commissioners' Land Use and Development By-law is repealed.

SOR/2004-255 16 November, 2004 pursuant to subsection 62 of the Canada Marine Act come into force November 16, 2004.

The portion of section 3 of the French version before paragraph (a) is replaced; Paragraph 5(b) of the French version is replaced; 1) Paragraph 7(a) of the French version is replaced; Paragraph 7(c) is replaced; Section 8 is replaced; Subsection 9(1) is replaced; Subsection 9(2) of the French version is replaced; Subsections 11(1) and (2) of the French version are amended by replacing the words "dispositifs de signalisation" with the word "dispositifs"; Subsection 11(3) is replaced; The portion of section 12 before paragraph (a) is replaced; The portion of subsection 13(1) before paragraph (a) is replaced; Subsection 13(2) is replaced; The portion of paragraph 15(a) before subparagraph (i) is replaced; Subsection 19(1) is replaced; Section 21 of the French version is replaced; Paragraph 22(3)(b) of the French version is replaced; Paragraph 27(1)(b) of the French version is replaced; Paragraph 28(1)(a) is replaced; Paragraph 31(1)(c) of the French version is replaced; Subsection 31(4) is replaced by; The portion of item 16 of Part 2 of Schedule 1 to the French version in column 1 is replaced; The portion of item 16 of Part 4 of Schedule 1 to the English version in column 1 is replaced; The portion of item 28 of Part 15 of Schedule 1 in column 1 is replaced.

SOR/2005-326 October 25, 2005 pursuant to section 62 of the Canada Marine Act comes into force October 25, 2005.

The portion of subsection 13(1) of the French version before paragraph (a) is replaced; Subsection 13(2) of the French version is replaced.

SOR/2006-278 November 9, 2006, pursuant to subsection 62(1) of the Canada Marine Act, comes into force ovember 9, 2006.

CANADA MARINE ACT

Port Authorities Operations Regulations

SOR/2000-55

INTERPRETATION

APPLICATION

PART I

PART 2

PART 3

PART 4

PART 5

SCHEDULE 1

SCHEDULE 2

Established by: