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DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES ACTSt. Andrew’s Lock RegulationsRegulations Respecting the Management and Proper Use of the St. Andrews Lock, Dam, Bridge and Related Facilities at Lockport, ManitobaP.C.1991-121919917

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His Excellency the Governor General in Council, on the recommendation of the Minister of Public Works, pursuant to sections 28 and 29 of the Public Works Act, is pleased hereby to revoke the Regulations for the Use and Operation of St. Andrews Lock, made by P.C. 6514 on December 29, 1949*, and to make the annexed Regulations respecting the management and proper use of the St. Andrews lock, dam, bridge and related facilities at Lockport, Manitoba, in substitution therefor.*Statutory Orders and Regulations, Consolidation, 1949, Volume III p. 3227Short Title

1These Regulations may be cited as the St. Andrew’s Lock Regulations.

Interpretation

2In these Regulations,approach means the area of water within a radius of 15 m from the lock-gates; (approche)lock-master means any person employed by the Department who is in charge of the operation of the lock, dam, bridge and related facilities; (éclusier)owner means an owner or an agent of the owner of a vessel or the captain or master of a vessel; (propriétaire)Superintendent means the person appointed by the Minister to be responsible for the lock, dam and bridge; (surintendant)vessel means any ship, boat, raft, canoe or other floating craft used or capable of being used as a means of transportation on water. (navire)

Application

3These Regulations apply to the St. Andrews lock, dam, bridge and related facilities at Lockport, Manitoba.

Opening and Closing of the Lock

4The lock shall be opened for navigation during the period beginning on the date set by the lock-master, based on climatic conditions, and ending on October 15 in any year.

5(1)Subject to subsection (2), during each day of the period referred to in section 4, the lock shall be opened for any vessel, on request, from 8:00 a.m. to midnight, with the last locking to begin at 11:30 p.m.(2)From noon on Friday until midnight on the following Sunday and during holidays, the lock shall be opened for pleasure vessels(a)in the case of northbound pleasure vessels, every hour on the hour; and(b)in the case of southbound pleasure vessels, every hour on the half hour.

Priority of Passage Through Lock

6(1)Priority of passage through the lock is as follows:(a)government vessels;(b)passenger vessels and excursion boats; and(c)vessels principally engaged in carrying freight and pleasure boats.(2)Where a vessel referred to in paragraph (1)(a) or (b) is within such distance of the lock that it would be delayed if any other vessel lying in the tier and over which it has precedence were passed through, the lock shall be held for the passage of the vessel that has precedence.

Requirements for Vessels Using the Lock or Bridge

7(1)Subject to subsection (3), no vessel shall be permitted to enter the approach unless the owner of the vessel has given a ship report completed and signed by the owner, to the lock-master.(2)The ship report referred to in subsection (1) shall indicate the name of the vessel, its point of departure, its destination and any other particulars that may be required by the Minister.(3)In the case of a vessel that measures 40 feet or less in length, no such vessel shall be permitted to enter the approach unless the owner signed a log book maintained and kept by the lock-master and has indicated therein the name of the vessel, its point of departure, its destination and any other particulars that may be required by the Minister.

8Every owner of a vessel shall comply with any order of the lock-master during the vessel’s entry in or passage through the approach or the lock.

9Every vessel using the lock, other than a vessel that measures 40 feet or less in length, shall be accurately gauged and clearly marked at the bow and stern to show its draught fore and aft.

10Every vessel using the lock shall(a)have all protruding gear and equipment stored and secured inboard;(b)secure their anchors and stow their cargo in a manner that prevents any damage to the lock, dam, bridge and related facilities or other vessels;(c)have all discharge outlets covered with hoods in a manner that permits discharge below the lock coping; and(d)use vertical fenders on both sides of the vessel when passing through the lock.

11Every vessel using the lock shall be equipped with lights as set out in the Collision Regulations.

12Every vessel using the lock shall(a)if the vessel has a gross tonnage of 40 tons or less, be equipped with at least two lines or hawsers of adequate strength, one at the bow and one at the quarter; and(b)if the vessel has a gross tonnage of more than 40 tons, be equipped with lines of sufficient number and attended by a sufficient number of crew members(i)to check the speed of the vessel while entering the lock,(ii)to prevent the vessel from striking against the lock gates or other parts of the lock, and(iii)to keep the vessel in proper position while the lock is being filled or emptied.

13Every owner of a vessel using the lock shall obey the following traffic light signals installed at the lock:(a)a red light, indicating that the lock is not ready for passage;(b)a flashing red light, indicating that the lock is being made ready for passage; and(c)a green light, indicating that the lock is ready for passage.

14(1)No owner of a vessel shall attempt to enter into or depart from the lock until the lock-gate is fully open.(2)No owner of a vessel shall attempt to overtake another vessel while the overtaking vessel is within 300 m of the lock gate.(3)A vessel’s engines shall be stopped while the vessel’s propeller is passing over the mitre sills of the lock.

15(1)Every owner of a vessel approaching the lock or bridge shall ensure that the lock or bridge is ready for passage and shall be prepared to stop the vessel in sufficient time to avoid a collision with the lock, lock-gate or bridge.(2)Every owner of a vessel approaching the lock or bridge shall, while any other vessel proceeding in the opposite direction is in or about to leave the lock, stop and moor the vessel to the posts placed for that purpose and remain there until that other vessel has left the lock.

16No vessel shall, while in the approach or the lock, proceed at a speed not exceeding 10 km per hour.

17(1)Vessels waiting to enter the lock shall lie in a single tier at a distance of not less than 50 m from the lock, except where climatic conditions may, in the opinion of the Superintendent, otherwise require.(2)Each vessel shall, for the purpose of passing through the lock, advance in the order set out in section 6.

18(1)The approach shall be used only by vessels requesting passage at the next available locking.(2)No owner of a vessel shall proceed into the approach where the condition of the vessel might delay navigation or cause damage to the lock, dam, bridge or related facilities or to another vessel.

19The owner of any vessel shall, at the request of the Superintendent, forthwith remove the vessel from the lock or the approach, as the case may be.

20No vessel drawing more than 2.75 m shall be permitted to enter the lock.

21No person shall tie any line for the purpose of mooring a vessel on any telephone or hydro pole situated on the lock.

22No person shall use on a vessel a searchlight in such a manner that the rays of the searchlight interfere with the navigation of another vessel or the operation of the lock.

23While a vessel is passing through the lock, the owner of the vessel shall, on request of the lock-master, provide the help of the crew to assist in working the lock.

24Where a vessel that is blown or otherwise held on a lee bank in the approach, its crew members shall not attempt to work itself off the bank with its engine and wheel, but shall use lines to the opposite side, and heave out into the approach with its capstan.

25No person, other than a person employed in the operation of the lock or dam, shall use the service or operating floors of the dam.

Mooring and Fastening

26(1)The lock-master shall assign berths for all vessels where it is necessary to do so.(2)The lock-master or Superintendent may change any berth assigned under subsection (1).(3)Every owner of a vessel shall comply promptly with any order of the lock-master or Superintendent.

Refuse

27No person shall throw or deposit refuse into the lock, in the approach, or on the banks of the lock.

Explosives

28No vessel carrying on board gunpowder, dynamite, nitro- glycerine or any other explosive, shall pass through the approach or the lock unless written authority is given for such entry or passage by the Minister, and the conditions of that written authority are met.

Traffic on Bridge

29(1)No person shall drive or transport across the bridge any vehicle or machinery that exceeds the gross weight posted on the bridge approaches.(2)No person shall drive a motor vehicle across the bridge at a speed exceeding the limit posted on the bridge or bridge approaches.

Interference with Officials

30No person shall interfere with or obstruct the Superintendent or lock-master or any other employee while in the execution or performance of the duties of the Superintendent or lock-master or employee.

Damages

31(1)Where a vessel does injury to the lock, dam, bridge or related facilities, the Superintendent(a)shall estimate the damages;(b)shall notify the owner of the vessel in writing, of the estimated damages to be paid; and(c)may seize and detain that vessel, at the risk of the owner, until the owner has paid those damages or provided security to the Superintendent to cover the amount of damages.(2)The owner of a vessel referred to in subsection (1) shall, on notification of the estimate of the damages, pay that estimate or provide to the Superintendent sufficient security to cover the amount of damages.(3)The provision of security in relation to an estimate of damages referred to in subsection (2) shall not relieve the owner from liability to pay the amount set out in the notice referred to in paragraph (1)(b).(4)Where a vessel is seized and detained pursuant to subsection (1), and the estimated damages are not paid or security for payment for the cost of repair of damage is not made within 30 days following the seizure and detention, the vessel seized and detained may be sold by public auction and the proceeds applied in payment of the damages.

Fine

32Every person who violates any provision of these Regulations is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $400.