Port Authorities Operations Regulations (SOR/2000-55)

Regulations are current to 2017-12-11 and last amended on 2016-03-29. Previous Versions

Port Authorities Operations Regulations

SOR/2000-55

CANADA MARINE ACT

Registration 2000-02-10

Port Authorities Operations Regulations

P.C. 2000-134 2000-02-10

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 62(1) of the Canada Marine ActFootnote a, hereby makes the annexed Port Authorities Operations Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canada Marine Act. (Loi)

activity list

activity list, in respect of a port, means the Part of Schedule 1 particular to that port. (liste des activités)

dangerous goods

dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses)

designated area

designated area means an area designated by a port authority in respect of an activity set out in column 1 of an activity list. (endroit désigné)

fee

fee means a fee fixed under subsection 49(1) of the Canada Marine Act or accepted by a port authority under section 53 of that Act. (droit)

hot work

hot work means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding. (travail à chaud)

Application

Where Regulations Apply

 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.

Where Regulations Do Not Apply — Navigable Waters Protection Act

 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

  • (a) a port authority other than a port authority set out in Schedule 2; or

  • (b) any person other than a person conducting those activities on behalf of a port authority set out in Schedule 2.

  • SOR/2004-255, s. 1(F).

Binding on Her Majesty

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

PART 1Safety and Order in Ports

Prohibitions

 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;

  • (c) to obstruct or threaten any part of the port;

  • (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.

  • SOR/2004-255, s. 2(F).

 No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 4.

Access to Port Property

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

  • (a) the person accesses the area to conduct legitimate business in the port;

  • (b) the person is authorized by the port authority to access the area; or

  • (c) access is not restricted by a sign, a device or in some other way such as by a fence.

  • SOR/2004-255, s. 3.

Signs

 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.

  • SOR/2004-255, s. 4.
  •  (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.

  • (2) No person shall remove, mark or deface any sign or device in a port.

  • SOR/2004-255, s. 5.

Operation of Vehicles

  •  (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

    • (a) the speed limit posted under the authority of the port authority on signs on the property, and

    • (b) a lower speed that is warranted by prevailing weather conditions or by the movement or storage of equipment, trains or goods.

  • (2) [Repealed, SOR/2002-179, s. 1]

  • SOR/2002-179, s. 1.
  •  (1) A port authority may have signs and devices installed on property managed, held or occupied by it respecting

    • (a) the safe operation of vehicles; and

    • (b) the parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping.

  • (2) Every person who operates a vehicle on property managed, held or occupied by a port authority shall obey

    • (a) the instructions on any sign posted or device placed under the authority of the port authority and applicable to the person, vehicle or property; and

    • (b) traffic directions given by a person authorized for that purpose by the port authority.

  • (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.

  • SOR/2002-179, s. 2;
  • SOR/2004-255, s. 6.

 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

  • (a) apparently abandoned;

  • (b) parked or stopped

    • (i) in a place or manner that creates a hazard or obstruction, or

    • (ii) at a time that is not within the posted parking or stopping hours; or

  • (c) parked or stopped in an area

    • (i) not posted as a parking or stopping area, or

    • (ii) posted as a no-parking or no-stopping area.

  • SOR/2002-179, s. 3;
  • SOR/2004-255, s. 7.

Removal — Property or Waters

  •  (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

    • (a) immediately make every technically and economically feasible effort to remove it; and

    • (b) notify the port authority of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location.

  • (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.

  • SOR/2004-255, s. 8;
  • SOR/2005-326, s. 1(F).

Fire Protection

 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.

Dangerous Situations

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

  • (a) take one of the following precautions:

    • (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.

  • SOR/2004-255, s. 9.
 
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