Port Authorities Operations Regulations (SOR/2000-55)

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

Emergencies

 Despite any other provision of these Regulations, a person may, in a port, conduct an activity set out in column 1 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

  • (a) the activity is required as a result of an emergency situation that jeopardizes the safety of persons or threatens to cause damage to property or the environment; and

  • (b) without delay, the person conducting the activity submits a report to the port authority describing the activity and explaining why the situation was regarded as an emergency.

 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

  • (a) without delay, notify the port authority that there is an emergency situation;

  • (b) submit a detailed report of the emergency situation to the port authority as soon as possible after it begins; and

  • (c) at the request of the port authority, submit with the report to the port authority a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.

  • SOR/2002-179, s. 4(F).

Accidents and Incidents

 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.

Precautionary Measures

  •  (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.

  • SOR/2004-255, s. 10.

PART 2Port Authority Activities

General

 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.

Works within the Meaning of the Navigable Waters Protection Act

Authority to Build

 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.

  • SOR/2004-255, s. 11(F).

Assessments and Reports

  •  (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.

  • (3) The port authority shall

    • (a) if the assessment indicates that the work would have an adverse effect on safety in respect of navigation in the port, take appropriate measures designed to mitigate the effect, if technically and economically feasible; and

    • (b) if the assessment indicates that the work would interfere with any other aspect of navigation, take measures to ensure that the work is consistent with the objective declared in section 4 of the Canada Marine Act.

  • SOR/2004-255, s. 12(F).

PART 3Authorizations and Instructions for Activities in Ports

Activities under Contracts, Leases and Licences

 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.

 If, by entering into a contract or lease or granting a licence, a port authority authorizes an activity set out in column 1 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.

Authorizations by Posted Signs or Forms

  •  (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

    • (a) establishes conditions designed to mitigate or prevent the result; and

    • (b) communicates the conditions by

      • (i) posting them in a prominent place clearly visible to persons wanting to conduct the activity, or

      • (ii) setting them out in forms that are readily available to persons wanting to conduct the activity.

  •  (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 person conducting the activity shall keep the checklist readily available for inspection.

Authorizations to Persons

[SOR/2002-179, s. 5]
  •  (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

    • (a) an “X” is set out in column 3; or

    • (b) an “X” is set out in column 2 and the person or any person who would be covered by the authorization is unable to comply with the conditions posted or set out on forms for the conduct of the activity under section 25.

  • (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

    • (a) give its authorization;

    • (b) if the results of the conduct of the activity are uncertain or if the conduct of the activity is likely to have any of the results prohibited under section 5,

      • (i) refuse to give its authorization, or

      • (ii) give its authorization subject to conditions designed to mitigate or prevent the results; or

    • (c) if the port authority required that the person obtain insurance coverage, performance security or damage security in respect of the conduct of the activity and none is obtained or that which is obtained is inadequate, refuse to give its authorization.

  • SOR/2000-140, s. 1(E);
  • SOR/2002-179, s. 6;
  • SOR/2004-255, s. 13(F);
  • SOR/2013-42, s. 1(F).
  •  (1) 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 3 unless the person

    • (a) obtains an authorization under section 27 or is covered by an authorization given under that section; and

    • (b) complies with the conditions, if any, of the authorization.

  • (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

    • (e) if required by the port authority, performance security and damage security in respect of the conduct of the activity.

  • SOR/2000-140, s. 2;
  • SOR/2002-179, s. 7;
  • SOR/2004-255, s. 14.
 
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