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CANADA MARINE ACTPublic Ports and Public Port Facilities RegulationsSOR/2001-154
PART 1PUBLIC PORTS
Designation of Public Ports 1. The ports set out in Schedule 1 are designated as public ports and have the limits set out in that Schedule.
Repeal of Designation of Certain Public Ports 2. (1) The designation under section 1 of a public port set out in Schedule 2 is repealed, effective on the day on which the entire public port facility at the port or the last part of it is transferred to a person or body by Her Majesty in right of Canada as represented by the Minister of Transport . (2) [Repealed by SOR/2002-358]
3. (1) The designation under section 1 of a public port set out in Schedule 3 is repealed effective on the day on which the bed of the navigable waters at the port that is owned by Her Majesty in Right of Canada, or the last part of it, or, if applicable, the day on which the entire public port facility at the port, or the last part of it, is transferred to a person or body by Her Majesty in Right of Canada as represented by the Minister of Transport, whichever is later. (2) [Repealed by SOR/2002-358] 3.1 The designation of Esquimalt as a public port under section 1 is
repealed.
PART 2PUBLIC PORT FACILITIES[4 to 10 reserved]
PART 3OPERATIONSInterpretation 11. The definitions in this section apply in this Part. “Act” « Loi » “Act” means the Canada Marine Act.
“dangerous goods” « marchandises dangereuses » “dangerous goods” has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992.
“designated area” « endroit désigné » “designated area” means an area designated by a port official in respect of an activity set out in column 1 of Schedule 4.
“fee” « droit » “fee” means a fee fixed under subsection 67(1) of the Canada Marine Act or accepted by the Minister under section 68 of that Act.
"floating structure" « construction flottante » "floating structure" means any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes.
“hot work” « travail à chaud » “hot work” means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding.
"port official" « responsable de port » "port official" means, with respect to a public port or a public port facility, a representative of the Department of Transport, or a wharfinger or harbour master appointed under section 69 of the Act.
Application 12. This Part applies to public ports and public port facilities designated under section 65 of the Act and for which the Minister continues to have the management under subsection 72(8) of that Act.
Binding on Her Majesty 13. This Part is binding on Her Majesty in right of Canada or a province.
Safety and Order in Public Ports and Public Port Facilities Prohibitions 14. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a public port or at a public port facility that has or is likely to have any of the following results:
Access to Public Port Facilities 15. No person shall access any area of a public port facility unless
Signs 16. A port official may have signs posted or devices placed for the purpose of ensuring the safety of persons and property in a public port or at a public port facility, the environmental protection of the public port or the public port facility, or the management and development of the marine infrastructure and services in the public port or at the public port facility.
17. (1) Every person in a public port or at a public port facility must comply with the instructions on signs posted and with devices placed under the authority of a port official unless the person is authorized by the port official to do otherwise. (2) No person shall remove, mark or deface any sign or device within a public port or at a public port facility.
Operation of Vehicles Registration and Permits 18. No person shall operate a vehicle at a public port facility unless
Compliance with Provincial and Municipal Laws 19. No person shall operate a vehicle at a public port facility except in accordance with the laws of the province and municipality in which the public port facility is situated.
Traffic Control 20. Every person who operates a vehicle at a public port facility shall do so in a safe manner and at a speed that does not exceed the lowest of the following:
21. (1) A port official may have signs posted and devices placed at the public port facility respecting
(2) A person who operates a vehicle at a public port facility must comply
22. A port official 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
Removal — Property or Waters 23. (1) Unless otherwise authorized under these Regulations, a person who, in a public port or at a public port facility, drops, deposits, discharges or spills refuse, a substance that pollutes, cargo, ship's gear or any other thing that interferes with navigation must
(2) If the person does not remove the refuse, substance, cargo, ship's gear or thing immediately, the port official may conduct the removal and, if the thing removed interfered with navigation, the removal may be done at the expense of the person.
Fire Protection 24. Every person in a public port or at a public port facility must follow the fire protection and prevention measures established for the safety of persons and property in the public port or at the public port facility.
Dangerous Situations 25. Every person who by act or omission causes a dangerous situation in a public port or at a public port facility must
Emergencies 26. Despite any other provision of these Regulations, a person may, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 without having a contract or lease with the Minister, or a licence granted by the Minister or authorization from a port official or without complying with the conditions of an authorization for the duration of an emergency situation if
27. If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a public port or at a public port facility, or damages or is likely to damage property or the environment, a 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, must
Accidents and Incidents 28. A person who does anything in a public port or at a public port facility that results in an incident involving injury to a person, damage to the environment, material loss or damage, or an explosion, fire, accident, grounding, or stranding must
Precautionary Measures 29. (1) If, in a public port or at a public port facility, a person conducts an activity, other than an activity set out in Schedule 4, that is likely to have any of the results prohibited under section 14, a port official 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 must immediately comply with the instructions of the port official.
Activities of Port Officials 30. If a port official is the proponent of an activity that is set out in column 1 of Schedule 4 which is likely to have any of the results prohibited under section 14, the port official must take appropriate measures designed to mitigate or prevent the result, if technically feasible and reasonable, taking into account
Authorizations
and Instructions for Activities in a Activities under Contracts, Leases and Licences 31. A person may, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 if authorized to do so in writing expressly or by necessary implication under a contract or lease entered into with, or a licence granted by, the Minister.
32. If, by entering into a contract or lease or granting a licence, the Minister authorizes an activity set out in column 1 of Schedule 4 that has or is likely to have any of the results prohibited under section 14, the Minister may stipulate as a condition of the contract, lease or licence that the person with whom the contract or lease is made or to whom the licence is granted must take measures designed to mitigate or prevent the result, if technically feasible and reasonable.
Authorizations by Posted Signs or Forms 33. (1) Subject to subsections (2) and (3), a port official may, by such means as posted signs, posted notices, maps or forms, give an authorization under this section to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 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 14, the port official 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 14, the port official may give the authorization for the activity only if the port official
34. (1) No person shall conduct an activity set out in column 1 of Schedule 4 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 person conducting the activity must keep the checklist readily available for inspection.
Authorization to a Specific Person 35. (1) A port official may give an authorization under this section to a person to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 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 36(2), the port official must
36. (1) No person shall, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 if an “X” is set out in column 3 unless the person
(2) A person that seeks an authorization from a port official to conduct an activity in a public port or at a public port facility must provide to the port official
37. A port official may cancel an authorization given under section 35 or change the conditions to which an authorization is subject if
38. (1) If an authorization given under section 35 is cancelled, the port official must give notice of the cancellation to the person to whom the authorization was given. (2) The cancellation is effective at the earliest of
Instructions to Cease, Remove, Return and Restore 39. (1) A port official may instruct a person to take any of the actions referred to in subsection (2) if
(2) The actions are
(3) The person must comply immediately with the instructions of the port official. (4) If the person fails to remove the thing or to restore the property immediately, the port official may conduct the removal or restoration and may store the thing.
Ships and Cargoes Information in Respect of Ships and Cargoes 40. (1) This section applies in respect of ships for which fees are fixed under subsection 67(1) of the Act or accepted under section 68 of that Act. (2) At least 24 hours before a ship enters a public port or arrives at a public port facility, the owner or the person in charge of the ship must provide the following information to a port official if the information has not already been provided for the purpose of obtaining permission to access the public port or public port facility:
(3) The owner or the person in charge of the ship must provide the port official 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, but before the ship’s departure. (4) The information must be provided by
Cargo Operations 41. (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 must 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, a port official may instruct the owner or the person in charge of the ship
(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 official, the owner or person in charge of the waiting ship must ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,
Crewing 42. (1) The owner or the person in charge of a ship berthed, moored or anchored in a public port or at a public port facility must ensure that
(2) Paragraph (1)(b) does not apply to a ship in respect of which an authorization to lay-up in the public port or at the public port facility has been obtained.
Removal 43. (1) For purposes of management, control and use of a public port, a port official may order the removal, within a reasonable time fixed by the port official, of any ship from an area to another area of the public port or the alteration of its position if that ship interferes with navigation. (2) If the person in charge of the ship fails to remove the ship or alter its position within the reasonable time, the port official may have the ship removed or its position altered at the expense of the person.
Arrangements for Towing 44. The owner or the person in charge of a ship that is berthed, moored or anchored in a public port or at a public port facility must 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 within the public port or at the public port facility.
SCHEDULE 1(Section 1)
PART 1Province of Ontario All the navigable waters, including any foreshore, of Nottawasaga Bay bounded by a line extending from the high-water mark on the shore due north astronomically to the point at lat. 44°32 N and long. 80°15 W; thence southeasterly to the high-water mark at the northern extremity of Sunset Point (44°3033" N, 80°1230"W). All the navigable waters, including any foreshore, of the St. Lawrence River bounded by a line extending from the high-water mark on the shore due south astronomically to a point at lat. 45º0’44” N and long. 74º42’52” W; thence northeasterly to a point at lat. 45º0’49” N and long. 74º42’00” W; thence due north astronomically to the high-water mark on the shore. All the navigable waters, including any foreshore, to the northward of a line joining Carruthers Point to Cedar Island light and to the westward of a line joining Cedar Island light to the southwesterly point of Point Henry, including the Cataraqui River southward of a line joining a point at lat. 44°1427" N and long. 76°2805" W, to a point at lat. 44°1427" N and long. 76°2853" W. All navigable waters, including any foreshore, to the east, north and west of a line commencing at the high-water mark of Lake Erie and extending due south one nautical mile along the meridian 82°4430" W; thence due east to the meridian 82°4330" W; thence due north to the high-water mark of Lake Erie. All the navigable waters of Owen Sound, including any foreshore, and the navigable portions of all streams flowing into it, including any foreshore, south of a line drawn due west astronomically from the north extremity of the peninsula on the east side of the sound known as Squaw Point. All the navigable waters, including any foreshore, to the east of a line drawn from Red Rock to Lone Rock, the northern and southern limits being lines drawn due east from each of these, and including all navigable waters, including any foreshore, between Parry Island and the mainland, excluding those waters contained within the limits of Depot Harbour, being all the navigable waters of Parry Sound to the south of a straight line drawn from Three Mile Point to Longs Island, bearing 73°50 W magnetic. All the navigable waters, including any foreshore, of Lake Erie and Kettle Creek bounded on the east by the meridian 81°12 W and on the west by the meridian 81°14 W and on the south by parallel 42°39 N and on the north by parallel 42°40 N. All the navigable waters, including any foreshore, of the St. Clair River extending from the southern limit of the international bridge between Point Edward, Ontario, and Port Huron, Michigan, and extending southward to include all the navigable waters, including any foreshore, of the St. Clair River and its several outlets into Lake St. Clair, including any dredged channels, east of the international boundary line between Canada and the United States of America. All the navigable waters, including any foreshore, of St. Marys River north of the international boundary line, west of a line drawn due south (true) from the extreme of Partridge Point, and east of a line drawn due south (true) from Pointe aux Pins lighthouse.
PART 2Province of Quebec All the navigable waters, including any foreshore, of English Bay lying northwest of a straight line drawn from Point Saint-Pancrace light, situated at lat. 49°1514" N and long. 68°0444" W extending in an astronomical direction of 220°1537" to Point Saint-Gilles, situated at lat. 49°1209" N and long. 68°0843" W, as shown on Canadian Hydrographic Service Chart No. 1226, dated May 27th, 1983, reprinted May 3rd, 1991. All the navigable waters, including any foreshore, of Plaisance Bay and Leslie Cove within the following described boundaries: Beginning at a point in the high-water mark at the easterly extremity of Cape Meules; thence following the said high-water mark in a general northerly direction to a point distant in a direct line one-half mile (nautical) from the point of beginning; thence in an easterly, southerly and westerly direction on an arc of a radius of one half mile about the point of beginning to a point in the high-water mark on the shore of Cape Meules Island; thence in a northerly and easterly direction following the said high-water mark to the place of commencement. All the navigable waters, including any foreshore, of Tracadigache Bay lying within the following boundaries: Beginning at a point situated on the shore of Tracadigache Point, at lat. 48°0508" N and long. 66°0733" W; thence, in an astronomical direction of 0°00 00" to a point situated on the shore of Tracadigache Point, at lat. 48°0515" N and long. 66°0733" W; thence, in an astronomical direction of 16°3456" to a point situated on the shore of Carleton Bank, at lat. 48°0524" N and long. 66°0729" W; thence, in a northwesterly and southwesterly direction, following the high-water mark of Tracadigache Bay to a point at lat. 48°0621" N and long. 66°1200" W; thence, in an astronomical direction of 251°1621" to a point situated on the shore of Miguasha Point at lat. 48°0533" N and long. 66°1615" W; thence, in a southwesterly direction, following the high-water mark of Tracadigache Bay to Point Corbeaux at lat. 48°0358" N and long. 66°1711" W; thence, in an astronomical direction of 79°4148" to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4486, edition of October 19, 1984, reprinted January 12, 1990. All the navigable waters, including any foreshore, of Chaleur Bay lying northwest of a line drawn from the extremity of the wharf at lat. 48°2033" N and long. 64°3932" W, extending in an astronomical direction of 213°5422" to Grand Pabos Point at lat. 48°1815" N and long. 64°4151" W, excluding the waters of Grand Pabos Bay, as shown on Canadian Hydrographic Service Chart No. 4486, edition of October 19, 1984, reprinted January 12, 1990. All the navigable waters, including any foreshore, of Gaspé harbour (northwest basin) lying within the following boundaries: Beginning at the northern limit of the foreshore of Sandy Beach, at lat. 48°5028" N and long. 64°2448" W; thence, in an astronomical direction of 0°00 to a point situated on the high-water mark at lat. 48°5120" N and long. 64°2448" W; thence, following the southeast limit and the west limit of Penouille Peninsula to a point situated at lat. 48°5120" N and long. 64°2617" W, this point marking the entrance to Penouille Bay; thence, in an astronomical direction of 350°3756" to a point situated on the high-water mark at lat. 48°5124" N and long. 64°2618" W, this point marking also the entrance to Penouille Bay; thence, in a northwesterly direction, following the high-water mark to Panard Point, at lat. 48°5204" N and long. 64°2959" W; thence, in an astronomical direction of 180°00 to a point situated on the high-water mark at lat. 48°5050" N and long. 64°2959" W; thence, in a northeasterly and a southeasterly direction, following the high-water mark of Gaspé harbour, to Jacques-Cartier Point, at lat. 48°5012" N and long. 64°2827" W; thence, in an astronomical direction of 133°1901" to Lourdes Point, at lat. 48°4939" N and long. 64°2734" W; thence, in an easterly and southeasterly direction, following the high-water mark of Gaspé harbour, and in a northeasterly, a northerly and a northwesterly direction, following the shore of Sandy Beach bar, to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4416, dated January 7, 1983. All the navigable waters, including any foreshore, of the St. Lawrence River, excluding the area designated on Canadian Hydrographic Service Chart No. 1235 as "Dumping Ground", lying within the following boundaries: Beginning at a point situated on the high-water mark of the St. Lawrence River at Persil Cove, at lat. 47º5228" N and long. 69°3308" W; thence, in an astronomical direction of 293°3928" to a point at lat. 47°5316" N and long. 69°3551" W; thence, in an astronomical direction of 21°4950", to a point at lat. 47°5943" N and long. 69°3200" W; thence, in an astronomical direction of 110°4129", to Bout den Haut Point, situated at the southwestern extremity of Verte Island, at lat. 47°5909" N and long. 69°2946" W; thence, in an astronomical direction of 113°0647", to a point situated on the high-water mark of the St. Lawrence River at lat. 47°5830" N and long. 69°2730" W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River, to the point of beginning as shown on Canadian Hydrographic Service Chart No. 1235, edition of December 27, 1991. All the navigable waters, including any foreshore, of the St. Lawrence River west of a line drawn southeast astronomically from Moulin Point; east of a line drawn southeast astronomically from Cape Bon-Désir; and north of a line drawn parallel to the shoreline and at a distance of three nautical miles therefrom. All the navigable waters, including any foreshore, of the St. Lawrence River lying within the following boundaries: Beginning at a point situated on the high-water mark of the St. Lawrence River at lat. 48°5005" N and long. 67°3436 W; thence in an astronomical direction of 320°2054" to a point situated at lat. 48°5048" N and long. 67°3530" W; thence, in an astronomical direction of 62°0635" to a point situated at lat. 48°5218" N and long. 67°3112" W; thence, in an astronomical direction of 180°00 to the high-water mark of the St. Lawrence River at lat. 48°5113" N and long. 67°3112" W; thence, following the high-water mark of the St. Lawrence River in a southwesterly direction to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 1236, edition of December 27, 1991. All the navigable waters, including any foreshore, of Paspébiac Bay lying within the following boundaries: Beginning at Paspébiac Point, at lat. 48°0050" N and long. 65°1457" W; thence, in an astronomical direction of 256°2329" to a point situated at lat. 48°0030" N and long. 65°1700" W; thence, in an astronomical direction of 0°00 to the high-water mark of Paspébiac Bay at a point at lat. 48°0116" N and long. 65°1700" W; thence, in an easterly direction, following the high-water mark of Paspébiac Bay to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4921, dated April 12, 1985. All the navigable waters, including any foreshore, of the St. Lawrence River lying within the following boundaries: Starting at Cape Caribou, situated on the high-water mark of the St. Lawrence River, at lat. 48°2345" N and long. 68°4045" W; thence, in an astronomical direction of 311°3250" to a point at lat. 48°2720" N and long. 68°4650" W; thence, in an astronomical direction of 51°3157", to a point at lat. of 48°3305" N and long. 68°3555" W; thence, in an astronomical direction of 130°5124", to a point situated on the high-water mark of the St. Lawrence River at lat. 48°2935" N and long. 68°2950" W; thence, following the high-water mark of the St. Lawrence River in a southwesterly direction, to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 1236, edition of December 27, 1991. All the navigable waters, including any foreshore, of the St. Lawrence River and the Richelieu River lying within the following boundaries: Beginning at the northwestern corner of wharf No. 1, situated at the mouth of the Richelieu River, on the east side, at lat. 46º02’56” N and long. 73º07’06” W; thence, in a southwesterly direction following the face of wharf No. 1 to the high-water mark on the east side of the Richelieu River; thence, following the said high-water mark of the Richelieu River, in a southerly direction, to a point at lat. 45º58’00” N and long. 73º08’32” W; thence, in an astronomical direction of 279º03’10” to a point at lat. 45º58’01” N and long. 73º08’41” W and situated on the high-water mark on the west side of the Richelieu River; thence, in a northerly direction following the said high-water mark of the Richelieu River, to the St. Lawrence River at a point at lat. of 46º02’56” N and long. 73º07’24” W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River to a point at lat. 46º00’46” N and long. 73º09’52” W; thence, in an astronomical direction of 285º23’49” to a point at lat. 46º01’00” N and long. 73º11’05” W and situated on the high-water mark of the St. Lawrence River; thence, in a northerly direction, following the said high-water mark of the St. Lawrence River, to a point at lat. 46º02’35” N and long. 73º10’46” W; thence, in an astronomical direction of 54º59’04” to the northeast extremity of Foins Island at a point at lat. 46º02’55” N and long. 73º10’05” W; thence, in an astronomical direction of 56º27’21” to the southwest extremity of Saint-Ignace Island (Pères Point) at a point at lat. 46º03’19” N and long. 73º09’13” W; thence, in a northeasterly direction, following the south shore of Saint-Ignace Island, to a point at lat. 46º05’23” N and long. 73º04’42” W; thence, in an astronomical direction of 70º13’58” to the south extremity of Ours Island at a point at lat. 46º05’32” N and long. 73º04’06” W; thence, in a northeasterly direction, following the southeast shore of Ours Island, to a point at lat. 46º06’36” N and long. 73º02’54” W; thence, in an astronomical direction of 49º24’46” to the southwestern extremity of Grande Island at a point at lat. 46º07’04” N and long. 73º02’07” W; thence, in an astronomical direction of 36º06’21”, across Grande Island, to a point at lat. 46º09’05” N and long. 73º00’00” W; thence, in an astronomical direction of 137º32’22” to a point situated on the north shore of Percés Islets at lat. 46º06’55” N and long. 72º57’09” W; thence, in a southwesterly direction, following the north shore of Percés Islets and Moine Island, to the west extremity of Moine Island at a point at lat. 46º03’56” N and long. 73º01’32” W; thence, in an astronomical direction of 214º50’36” to a point situated on the high-water mark of the St. Lawrence River and at lat. 46º03’50” N and long. 73º01’38” W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River to wharf No. 1; thence, following the face of wharf No. 1, to the point of beginning. Saving and excepting a channel in the St. Lawrence River 600 feet wide through the entire length of the above-described harbour, the said channel extending 300 feet on each side of the axis of the St. Lawrence River ship channel. The whole as shown on Canadian Hydrographic Service Chart No. 1338, edition of July 6, 1984, reprinted October 20, 1989. All the navigable waters, including any foreshore, of the St. Lawrence River and Saguenay River to the west of a line drawn from Point John to the western extremity of Rouge Island; thence to Cape Nid aux Corbeaux, and east of a line commencing at Cape Sainte-Marguerite drawn due south to the opposite shoreline. All the navigable waters, including any foreshore, of the St. Lawrence River with its bays and inlets to the east of a line from Point Loupe to the northeast tip of Pommes Island; thence to the south of a line drawn in a northeasterly direction to the western tip of Rasade Nord-Est Island; thence to the west of a line drawn to Cape Aigle.
PART 3Province of Nova Scotia All the navigable waters, including any foreshore, of the LaHave River north of a line drawn due east and west across the river through the centre of Bear Hill. All the navigable waters, including any foreshore, of Annapolis Basin south of lat. 44°40 N and west of long. 65°42 W. All the navigable waters, including any foreshore, of the Avon River south of a line drawn between the fog signal at Horton Bluff and Indian Point. All the navigable waters, including any foreshore, of Liverpool Bay contained to the west of a straight line extending from the northern extremity of Moose Point breakwater to the southern extremity of Eastern Head, on the opposite shore; and extending upstream along the Mersey River to the first highway bridge at Liverpool. All the navigable waters, including any foreshore, of Louisbourg Harbour contained to the west of a line commencing at the southern extremity of Nag Head; thence extending southward to the eastern extremity of Battery Island; thence southwesterly following the high-water mark of the north shore of the island, then extending southwesterly from the western extremity of Battery Island to the eastern extremity of Rochefort Point on the opposite shore. All the navigable waters, including any foreshore, of Lunenburg Bay, north of a line adjoining the light of Battery Point breakwater on a bearing of 259° to the southern extremity of Mason Point. All the navigable waters, including any foreshore, westward of a line starting at a point mid-channel on the south side of the Canso Causeway and following mid-channel of the Strait of Canso southward to a line drawn between the eastern extremity of Susies Island and Madden Point. All the navigable waters, including any foreshore, below the high-water mark of the West Arm of Sydney Harbour and of streams emptying thereinto, inside lines drawn from the lighthouse on the shoal off Southeast Bar south 20° W astronomically to the extremity of Edward Point and north 50° W astronomically to the west shore. All the navigable waters, including any foreshore, of Pictou Harbour lying west of a line joining Logan Point to Roaring Bull Point and north of lat. 46°40 N. All the navigable waters, including any foreshore, of the Strait of Canso and all other bodies of water adjacent thereto, including any foreshore, south of a line drawn due southwest astronomically from the lighthouse on McMillan (Balache) Point, north of a line drawn due southwest astronomically from the point situated two miles southeast of the said McMillan Point, and east of mid-channel of the said Strait of Canso. All navigable waters, including any foreshore, of the Strait of Canso north and west of a line drawn between Red Head on Cape Argos and Peninsula Point on Janvrin Island to the Canso Causeway, excluding the waters contained within the limits of Mulgrave. All the navigable waters, including any foreshore, of Pugwash Harbour south and west of a line drawn between Biglow Point on the south shore and Fishing Point on the north shore. All the navigable waters, including any foreshore, lying northward of a line drawn due east and west, touching the north end of McNutt's Island. All navigable waters, including any foreshore, of the South Arm of Sydney Harbour inside a line drawn from the lighthouse at Southeast Bar, south 20° W astronomically to the extremity of Edward Point. All the navigable waters, including any foreshore, within Yarmouth Harbour affected by the tide, from Lake Milo to a line drawn from the southern extremity of Cat Rock to Sunday Point.
PART 4[Repealed SOR/2006-226]
PART 5Province of Manitoba All the navigable waters, including any foreshore, commencing at the northern extremity of Eskimo Point and running on a course due north to a point distant five nautical miles from the northernmost extremity of Eskimo Point; thence, on the circumference of a circle with the said northernmost extremity as a centre, easterly and southerly to the shore of Hudson Bay at the high-water mark; thence, following the said high-water mark westerly to Cape Merry; thence, following the high-water mark on the eastern shore of the Churchill River upstream as far as the tide ebbs and flows, thence, across the Churchill River to its western shore; thence, northerly and following the high-water mark downstream to the point at Old Fort Prince of Wales and across to Eskimo Point and to the place of beginning.
PART 6Province of British Columbia All the navigable waters, including any foreshore, south astronomically of a line drawn east astronomically from the high-water mark at Aguilar Point to the high-water mark of the easterly shore of the creek. All the navigable waters, including any foreshore, of Discovery Passage bounded by the high-water marks on both shores, between a line drawn from the eastern extremity of Middle Point (lat. 50°0526" N, long. 125°1824" W) on Vancouver Island in a 086°30 direction (true) to Copper Cliffs on Quadra Island and a line drawn from the southern extremity of Cape Mudge (lat. 49°5942" N, long. 125°1101" W) in a 270°00 direction (true) to the opposite shore. All the navigable waters, including any foreshore, within the Juan de Fuca Strait northward of a line running east and west (astronomically) through the southernmost tip of the southernmost of the Brothers Islands. All the navigable waters, including any foreshore, west of a line drawn south astronomically from the high-water mark at Wallis Point to the high-water mark of the southerly shore of the harbour. All the navigable waters, including any foreshore, of Juan de Fuca Strait north of a line drawn from the southern tip of Trial Island to the southern extremity of Albert Head and including Selkirk Water and the navigable streams flowing into Victoria Harbour. Excluded from this area are the waters within Esquimalt Harbour.
PART 7Province of Prince Edward Island All the navigable waters, including any foreshore, of Cardigan Bay and Georgetown Harbour to the west of a line commencing at the eastern extremity of Grave Point and extending to the point of tangency with Cardigan Point on the opposite shore; bounded to the west by a line commencing from the southern extremity of Parkers Point westward to the eastern extremity of Brudenell Point, and thence due south to the high-water mark on the opposite shore. All the navigable waters, including any foreshore, of Colville Bay north of a line joining the southern extremities of Souris Head and Swanton Point and extending northward along the Souris River to the Gowan Brae Highway Bridge. All the navigable waters, including any foreshore, of the Dunk River and Bedeque Bay contained to the east of a line drawn due north from the northern extremity of Indian Spit to the high-water mark on the opposite shore.
PART 8Province of Newfoundland and Labrador All the navigable waters, including any foreshore, of the Bay of Exploits south of a straight line drawn from Phillips Head to Lower Sandy Point. All the navigable waters, including any foreshore, of Placentia Bay bounded to the south by a straight line drawn from a point on the high-water mark in approximate position 47°4114" N, 53°5812" W to Long Island Point Light; thence in a straight line to the southern extremity of James Point on Bar Haven Island; and bounded to the south-west by a straight line drawn from the western extremity of Carroll Point on Bar Haven Island in a 321° direction (true) to the high-water mark on the opposite shore. All the navigable waters, including any foreshore, of Fortune Bay lying inside and south of a straight line drawn from Fortune Head light station at lat. 47°0428" N, long. 55°5136" W; thence in a northeasterly direction to the most seaward point of Grand Bank Head. All the navigable waters, including any foreshore, of Lake Melville, Goose Bay and Terrington Basin south and west of a straight line joining the northern extremity of Northwest Point and the western extremity of Épinette Point. All the navigable waters, including any foreshore, of Holyrood Bay south of a line drawn from the high-water mark at the northern extremity of Harbour Main Point at lat. 47°2658" N, long. 53°0826" W in a 070°00 direction (true) to the high-water mark on the opposite shore. All the navigable waters, including any foreshore, of Burnt Bay and Lewisporte Harbour within the jurisdiction of Canada south of a line drawn from a point in Jobs Cove at lat. 49°1742.5" N and long. 55°0051" W, on an azimuth of 086° (true) northwards of St. Michaels Island, to the opposite shore. All the navigable waters, including any foreshore, of Placentia Bay east of a line drawn from the high-water mark at the western extremity of St. Croix Point, at lat. 47°2532" N and long. 53° 55 28" W, in a 180°00 direction (true) to the high-water mark on the opposite shore. All the navigable waters, including any foreshore, of Long Pond and Conception Bay between lat. 47°3030" N and lat. 47°3200" N, and between long. 52°5730" W and long. 52°5900" W. All the navigable waters, including any foreshore, of Mortier Bay within the jurisdiction of Canada north of a line drawn from Skiffsail Point at lat. 47°0843.5" N and long. 55°0340.7" W, on an azimuth of 217° (true), to a point south of Blow Me Down on the opposite shore. All the navigable waters, including any foreshore, of Port aux Basques west of long. 59°07 W and north of lat. 47°34 N.
SCHEDULE 2(Section 2) REPEALS
OF PUBLIC PORT DESIGNATIONS
SCHEDULE 3(Section 3) REPEALS
OF PUBLIC PORT DESIGNATIONS
SCHEDULE 4(Sections 11 and 26, subsection 29(1) and sections 30 to 36) ACTIVITY LIST
SOR/2001-154 26 April, 2001 pursuant to subsections 65(1), (4) and (6) of the Canada Marine Act, into force April 26, 2001. Amended by: SOR/2002-15 13 December, 2001 pursuant to subsections 65(1), (4) and (6) of the Canada Marine Act, into force December 13, 2001. The description of Cornwall in Part 1 of Schedule 1 is replaced; the name and description of Depot Harbour in Part 1 of Schedule 1 are deleted; the description of Parry Sound in Part 1 of Schedule 1 to the French version is replaced; the description of Sorel in Part 2 of Schedule 1 to the English version is replaced; the name and description of Annapolis Royal in Part 3 of Schedule 1 are deleted; the name and description of Parrsboro in Part 3 of Schedule 1 are deleted; the description of Port Hastings in Part 3 of Schedule 1 to the English version is replaced; the name and description of Port Williams in Part 3 of Schedule 1 are deleted; the description of Shelburne in Part 3 of Schedule 1 is replaced; the description of Esquimalt in Part 6 of Schedule 1 is replaced; the name and description of Horseshoe Bay in Part 6 of Schedule 1 are deleted; the description of Powell River in Part 6 of Schedule 1 is replaced; the description of Ucluelet Arm in Part 6 of Schedule 1 to the French version is replaced; the description of Port aux Basques in Part 8 of Schedule 1 to the French version is replaced; the description of Stephenville in Part 8 of Schedule 1 is replaced; the name "Depot Harbour" after the heading "Province of Ontario / Province d'Ontario" in Schedule 2 is deleted; the names "Annapolis Royal", "Parrsboro" and "Port Williams" after the heading "Province of Nova Scotia / Province de la Nouvelle-Écosse" in Schedule 2 are deleted; the name "Horseshoe Bay" after the heading "Province of British Columbia / Province de la Colombie-Britannique" in Schedule 2 is deleted. SOR/2002-121 14 March, 2002 pursuant to subsection 74(1) of the Canada Marine Act, into force March 14, 2002. The portion after the heading “OPERATIONS” in Part 3 and before Schedule 1 is replaced, Schedule 4 is added after Schedule 3. SOR/2002-308 8 August, 2002 pursuant to subsections 65(1) and (4) of the Canada Marine Act, into force August 8, 2002. The description of Churchill in Part 5 of Schedule I is replaced. SOR/2002-358 24 September, 2002 pursuant to subsections 65(1), (4) and (6) of the Canada Marine Act, into force 24 September, 2002. Subsection 2(2) is repealed; subsection 3(2) is repealed; the name and description of Tiverton in Part 3 of Schedule 1 are deleted; the names and descriptions of Powell River, Snug Cove, Stewart and Ucluelet Arm in Part 6 of Schedule 1 are deleted; the name "Tiverton" after the heading "Province of Nova Scotia / Province de la Nouvelle-Écosse" in Schedule 2 is deleted; the names "Powell River", "Snug Cove", "Stewart" and "Ucluelet Arm" after the heading "Province of British Columbia / Province de la Colombie-Britannique" in Schedule 2 are deleted. SOR/2004-254 16 November, 2004 pursuant to section 74 of the Canada Marine Act, into force 16 November, 2004. The definition "port official" in section 11 is replaced; The definition "floating structure" in section 11 of the English version is replaced; Paragraph 14(b) of the French version is replaced; Section 20 is replaced; Section 21 of the French version is amended by replacing the words "dispositifs de signalisation" with the word "dispositifs"; The portion of section 22 before paragraph (a) is replaced; The portion of subsection 23(1) before paragraph (a) is replaced; Subsection 23(2) is replaced; Section 24 is replaced; The portion of paragraph 25(a) before subparagraph (i) is replaced; Subsection 29(1) is replaced; Paragraph 35(1)(b) is replaced; Paragraph 39(1)(b) of the French version is replaced; Subsection 39(4) is replaced; Subsection 43(2) is replaced; Schedule 4 is amended by replacing the reference "(Sections 11, 26 and 30 to 36)" after the heading "SCHEDULE 4" with the reference "(Sections 11 and 26, subsection 29(1) and sections 30 to 36)". SOR/2005-74 6 April, 2005 pursuant to subsection 65(1) and (6) of the Canada Marine Act, into force 22 March, 2005. Section 3.1 and 3.2 are added after section 3. SOR/2006-226 September 21, 2006 pursuant to subsections 65(1), (4) and (6) of the Canada Marine Act, comes into force September 21, 2006 The name and description of Havre-Saint-Pierre in Part 2 of Schedule 1 are deleted; Part 4 of Schedule 1 is repealed; The name and description of Gold River in Part 6 of Schedule 1 are deleted; The name and description of Charlottetown in Part 7 of Schedule 1 are deleted; The heading of Part 8 of Schedule 1 is replaced; The names and descriptions of Corner Brook and Stephenville in Part 8 of Schedule 1 are deleted; The name "Havre-Saint-Pierre" after the subheading "Province of Quebec / Province de Québec" in Schedule 2 is deleted; The subheading "Province of Nova Scotia / Province de la Nouvelle-Écosse" in Schedule 2 as well as the portion after that subheading and before the subheading "Province of British Columbia / Province de la Colombie-Britannique" are repealed; The name "Gold River" after the subheading "Province of British Columbia / Province de la Colombie-Britannique" in Schedule 2 is deleted; The subheading "Province of New Brunswick / Province du Nouveau-Brunswick" in Schedule 3 as well as the portion after that subheading and before the subheading "Province of Manitoba / Province du Manitoba" are repealed; The name "Charlottetown" after the subheading "Province of Prince Edward Island / Province de l'Île-du-Prince-Édouard" in Schedule 3 is deleted; The subheading "Province of Newfoundland / Province de Terre-Neuve" in Schedule 3 is replaced; The names "Corner Brook" and "Stephenville" after the subheading "Province of Newfoundland and Labrador / Province de Terre-Neuve-et-Labrador" in Schedule 3 are deleted.
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