Port Authorities Operations Regulations (SOR/2000-55)

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

 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;

  • (c) the authorization was based on incorrect or misleading information; or

  • (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.

  • SOR/2002-179, s. 8.
  •  (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.

  • (2) The cancellation is effective at the earliest of

    • (a) the end of the fifth day after the notice of cancellation is sent by registered mail to the address provided in the application for the authorization,

    • (b) two hours after a facsimile or electronic transmission of the notice of cancellation is sent to the address provided in the application for the authorization, and

    • (c) immediately on service of the notice of cancellation at the address provided in the application for the authorization.

  • SOR/2002-179, s. 9.

Instructions to Cease, Remove, Return and Restore

  •  (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;

    • (c) the person or any person covered by an authorization fails to comply with a condition of the authorization;

    • (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.

  • (2) The actions are

    • (a) to cease the activity or comply with the conditions for conducting the activity; and

    • (b) if the person is instructed to cease the activity,

      • (i) to remove anything brought into the port in connection with the activity,

      • (ii) to return to the port anything that was removed from it in connection with the activity, and

      • (iii) to restore the property affected by the activity to its former state.

  • (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.

  • SOR/2002-179, s. 10;
  • SOR/2004-255, s. 15;
  • SOR/2013-42, s. 2(F).

Container Trucking — Port Metro Vancouver

[SOR/2014-86, s. 1; SOR/2014-308, s. 1]
  •  (1) The following definitions apply in this section.

    Authority

    Authority means the Vancouver Fraser Port Authority. (Administration)

    authorization

    authorization means a written authorization issued by the Authority to transport containers by truck in Port Metro Vancouver. (autorisation)

    Container Trucking Act

    Container Trucking Act means the British Columbia Container Trucking Act, S.B.C. 2014, c. 28. (loi sur le transport de conteneurs par camion)

    Port Metro Vancouver

    Port Metro Vancouver means the Authority’s port. (Port Metro Vancouver)

  • (2) Subject to subsections (5) and (6), the Authority shall not permit a truck to gain access to Port Metro Vancouver for the purpose of transporting a container unless

    • (a) the driver of the truck is employed by or is acting, either directly or indirectly, on behalf of a person who holds a valid authorization;

    • (b) the person who holds the authorization also holds a licence under the Container Trucking Act to transport containers by truck in Port Metro Vancouver; and

    • (c) the licence is not under suspension.

  • (3) An authorization is valid if the holder complies with, or ensures that the holder’s drivers comply with, any of the following requirements that are established by the Authority and specified in the authorization:

    • (a) requirements respecting an appointment or reservation system for trucks;

    • (b) requirements respecting the identification of trucks that gain access to Port Metro Vancouver; and

    • (c) requirements respecting the tracking and monitoring of trucks in Port Metro Vancouver.

  • (4) For greater certainty, a licence referred to in paragraph (2)(b) includes an authorization that is deemed to be a licence under the Container Trucking Act.

  • (5) Subsection (2) does not apply if there is an emergency that poses a risk to the safety of persons or property in Port Metro Vancouver or a risk to the environment and if containers must be transported by truck to mitigate or help mitigate that risk.

  • (6) Paragraphs (2)(b) and (c) do not apply in respect of a truck that is transporting a container to or from a location outside of the Lower Mainland of British Columbia.

  • SOR/2006-278, s. 1;
  • SOR/2007-171, s. 1;
  • SOR/2014-86, s. 2;
  • SOR/2014-308, s. 1.

PART 4Ships and Cargoes

Information in Respect of Ships and Cargoes

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

  • (2) This section does not apply in respect of pleasure craft.

  • (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;

    • (c) the gross tonnage of the ship and its length overall;

    • (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.

  • (5) The information shall be provided by

    • (a) delivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; or

    • (b) sending it by facsimile or electronic transmission.

 
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