Seaway Property Regulations
SOR/2003-105
Registration 2003-03-20
Seaway Property Regulations
P.C. 2003-320 2003-03-20
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 98Footnote a of the Canada Marine ActFootnote b, hereby makes the annexed Seaway Property Regulations.
Return to footnote aS.C. 2001, c. 4, s. 150
Return to footnote bS.C. 1998, c. 10
Interpretation
1 The definitions in this section apply in these Regulations.
- Act
Act means the Canada Marine Act. (Loi)
- allied petroleum product
allied petroleum product means a single hydrocarbon or a mixture of hydrocarbons other than a petroleum product. It includes alcohols, glycols, thinners, solvents, organic chemicals and inks. (produit pétrolier apparenté)
- authorization
authorization means an authorization given under Part 3. (autorisation)
- designated area
designated area means an area designated by sign or in writing by the Manager in respect of an activity set out in column 1 of the schedule. (endroit désigné)
- fee
fee means a fee referred to in subsection 92(1) or (2) of the Act. (droit)
- hot work
hot work means any work that uses flame or that may produce a source of ignition, such as heating, cutting or welding. (travail à chaud)
- Manager
Manager means The St. Lawrence Seaway Management Corporation. (gestionnaire)
- petroleum product
petroleum product means a single hydrocarbon or a mixture of at least 70% hydrocarbons, refined from crude oil, with or without additives, that is used or could be used as a fuel, lubricant or power transmitter. It includes gasoline, diesel fuel, aviation fuel, kerosene, naphtha, lubricating oil, fuel oil and engine oil, including used oil; it excludes propane, paint and solvents. (produit pétrolier)
- Seaway property
Seaway property means land and other property managed, operated or used by the Manager in connection with the Seaway. (biens de la voie maritime)
Application
Where Regulations Apply
2 These Regulations apply in the Seaway and on Seaway property.
Where Regulations Do Not Apply — Navigable Waters Protection Act
3 These Regulations do not apply in respect of that aspect of a work, within the meaning of the Navigable Waters Protection Act, that involves the issuance of an approval or an opinion under Part I of that Act to a person other than the Manager or a person acting on the Manager’s behalf.
Binding on Her Majesty
4 These Regulations are binding on Her Majesty in right of Canada or a province.
PART 1Safety and Order in the Seaway and on Seaway Property
Prohibitions
5 Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in the Seaway or on Seaway property that has or is likely to have any of the following results:
(a) to jeopardize the safety or health of persons in the Seaway or on Seaway property;
(b) to interfere with navigation in the Seaway;
(c) to obstruct or threaten any part of the Seaway or Seaway property;
(d) to interfere with an authorized activity in the Seaway or on Seaway property;
(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 Seaway;
(f) to cause a nuisance;
(g) to cause damage to ships or other property;
(h) to adversely affect sediment, soil, air or water quality; or
(i) to adversely affect Seaway operations or Seaway property.
6 No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 4.
Access to Seaway Property
7 No person shall access any area of Seaway property unless
(a) the person accesses the area to conduct legitimate business there;
(b) the person is authorized by the Manager to access the area; or
(c) access is not restricted by a sign or in some other way such as by a fence.
Signs
8 The Manager may have signs posted for the purpose of ensuring
(a) the safety of persons and property in the Seaway or on Seaway property;
(b) the environmental protection of the Seaway or Seaway property; or
(c) the management of the marine infrastructure of the Seaway and services in connection with the operation of the Seaway in a commercial manner.
9 (1) Every person in the Seaway or on Seaway property shall obey the instructions on signs posted under the authority of the Manager unless the person is authorized by the Manager to do otherwise.
(2) No person shall remove, mark or deface any sign or device in the Seaway or on Seaway property.
Operation of Vehicles
Registration and Permits
10 No person shall operate a vehicle on Seaway property unless the following conditions are met:
(a) the person holds all licences and permits required under the laws of the province and municipality in which the Seaway property is situated to operate the vehicle in that province and municipality; and
(b) the vehicle is registered and equipped as required under the laws of the province and municipality in which the Seaway property is situated.
Compliance with Provincial and Municipal Laws
11 No person shall operate a vehicle on Seaway property otherwise than in accordance with the laws of the province and municipality in which the Seaway property is situated.
12 No person shall operate a vehicle on Seaway property in such a manner as to cause it to enter a roadway at a place other than a place designated for public access to the roadway.
13 Every person who operates a vehicle on Seaway property shall do so in a safe manner and at a speed that does not exceed the lowest of
(a) 40 km/h,
(b) the speed limit posted under the authority of the Manager on signs, and
(c) a lower speed that is warranted by prevailing weather conditions or by the movement or storage of equipment, trains or goods.
14 (1) The Manager may have signs and devices installed on Seaway property respecting
(a) the safe operation of vehicles;
(b) the parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping; and
(c) weight and dimension restrictions of vehicles.
(2) Every person who operates a vehicle on Seaway property shall obey
(a) the instructions on any sign posted or device installed under the authority of the Manager and applicable to the person, the vehicle or the property; and
(b) traffic directions given by a person authorized for that purpose by the Manager.
(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 apparently in possession of the vehicle may be held liable.
15 The Manager may have a vehicle moved or stored at the risk and expense of its owner or operator or the person apparently in possession of it at the time at which it is found to be parked or stopped contrary to this section if it 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.
Removal — Property or Waters
16 (1) Unless otherwise authorized under these Regulations, every person who drops, deposits, discharges or spills, in the Seaway or on Seaway property, refuse or a substance that pollutes, an object that interferes with navigation or any cargo or ship’s gear shall
(a) immediately make every technically and economically feasible effort to remove it;
(b) notify the Manager of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location and the efforts made by the person, if any, to remove it; and
(c) as soon as possible, submit to the Manager a detailed written report of the incident, including the information referred to in paragraph (b).
(2) If the person does not remove the refuse, substance, object, cargo or ship’s gear immediately, the Manager may conduct the removal at the risk and expense of the person.
Fire Protection
17 Every person in the Seaway or on Seaway property shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property, taking into account the activities and goods in the Seaway and on Seaway property.
Dangerous Situations
18 Every person who by act or omission causes a dangerous situation in the Seaway or on Seaway property shall
(a) take one or both 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 Manager without delay as to the nature of the dangerous situation and the precautions that have been taken and their location.
Emergencies
19 Despite any other provision of these Regulations, a person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule without having a contract, lease or licence or an authorization given by the Manager 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 written report to the Manager describing the activity and explaining why the situation was regarded as an emergency.
20 If a situation causes or is likely to cause death, bodily injury or any other emergency situation in the Seaway or on Seaway property 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 Manager that there is an emergency situation;
(b) submit a detailed written report of the emergency situation to the Manager as soon as possible after it begins; and
(c) at the request of the Manager, submit with the report a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities.
Accidents and Incidents
21 A person who does anything in the Seaway or on Seaway property 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 written report of the incident to the Manager without delay.
Precautionary Measures
22 (1) If, in the Seaway or on Seaway property, a person conducts an activity that is likely to have any of the results prohibited under section 5 and the activity does not require an authorization under these Regulations, the Manager may instruct the person conducting the activity to cease the activity or to take the precautions necessary to mitigate or prevent the result.
(2) The person shall immediately comply with the instructions of the Manager.
PART 2Activities of the Manager
General
23 If the Manager is the proponent of an activity that is set out in column 1 of the schedule and that 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
(a) the safety of persons and property in the Seaway and on Seaway property;
(b) the environmental protection of the Seaway and Seaway property; and
(c) the management of the marine infrastructure of the Seaway and services in connection with the operation of the Seaway in a commercial manner.
Works within the Meaning of the Navigable Waters Protection Act
Authority to Build
24 Subject to any agreement between the Minister and the Manager entered into under subsection 80(5) of the Act, any agreement between Canada and the United States in respect of the Seaway and section 25, the Manager or a person acting on behalf of the Manager may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the Seaway a work within the meaning of the Navigable Waters Protection Act that may interfere with navigation.
Assessments and Reports
25 (1) Before carrying out an activity referred to in section 24, the Manager shall conduct an assessment of the impact of the work on navigation in the Seaway.
(2) The Manager shall ensure that a written report that summarizes the assessment is prepared before the activity in respect of the work is begun.
(3) The Manager shall
(a) if the assessment indicates that the work would be likely to have an adverse effect on safety in respect of navigation in the Seaway, take appropriate measures designed to mitigate the effect, if technically and economically feasible; and
(b) if the assessment indicates that the work would be likely to 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.
PART 3Authorizations and Instructions for Activities in the Seaway or on Seaway Property
Activities under Contracts, Leases and Licences
26 A person may, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule 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 Manager.
27 If, by entering into a contract or lease or granting a licence, the Manager authorizes an activity set out in column 1 of the schedule that has or is likely to have any of the results prohibited under section 5, the Manager 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.
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Authorizations to Persons
30 (1) The Manager may give a written authorization under this section to a person to conduct, in the Seaway or on Seaway property, an activity set out in column 1 of the schedule if an “X” is set out in column 3.
(2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 31(2), the Manager 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 Manager 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.
31 (1) No person shall, in the Seaway or on Seaway property, conduct an activity set out in column 1 of the schedule if an “X” is set out in column 3 unless the person
(a) obtains an authorization under section 30 or is covered by an authorization given to an undertaking or organization under that section; and
(b) complies with the conditions, if any, of the authorization.
(2) A person that seeks an authorization from the Manager to conduct an activity in the Seaway or on Seaway property shall provide to the Manager
(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 Manager to assess the likelihood of the occurrence of any of the results prohibited under section 5;
(d) if required by the Manager, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names the Manager as an additional insured and provides for the insurer to notify the Manager in the event that the policy is amended or cancelled; and
(e) if required by the Manager, performance security and damage security in respect of the conduct of the activity.
32 The Manager may cancel an authorization given under section 30 or change the conditions to which an authorization is subject if
(a) the conduct of the activity has a result that is prohibited under section 5 or, because of a change in circumstances, it becomes likely to have such a result or the result of it becomes unclear;
(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.
33 (1) If an authorization given under section 30 is cancelled, the Manager 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.
Instructions to Cease, Remove, Return and Restore
34 (1) The Manager 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 30 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 32; 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 Seaway or onto Seaway property in connection with the activity,
(ii) to return to the Seaway or Seaway property 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 Manager.
(4) If the person fails to remove the thing or to restore the property immediately, the Manager may conduct the removal or restoration and may store the thing at the risk and expense of the person.
PART 4Repeals and Coming into Force
Repeals
35 [Repeal]
36 [Repeal]
Coming Into Force
37 These Regulations come into force on the day on which they are registered.
SCHEDULE(Sections 1, 6, 19, 23, 26, 27, 30 and 31)
ACTIVITIES AND AUTHORIZATIONS
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Item | Activity | [reserved] | Authorization to a specific person (section 30) | Prohibited (section 6) |
| 1 | operating a vehicle in an area not intended for vehicular traffic | X | ||
| 2 | conducting a diving operation | X | ||
| 3 | conducting salvage operations | X | ||
| 4 | building, installing, modifying, replacing, dismantling or decommissioning a petroleum product storage tank or an allied petroleum product storage tank | X | ||
| 5 | releasing any material or substance onto or over a lock wall or tie-up wall by any means, including overboard discharge pipes | X | ||
| 6 | conducting a dredging operation | X | ||
| 7 | excavating or removing any material or substance | X | ||
| 8 | transhipping, loading or unloading cargo in an area other than a designated area | X | ||
| 9 | placing, altering, removing or relocating an aid to navigation, buoy, mooring, float, picket, mark or sign | X | ||
| 10 | casting adrift a ship, log or other object | X | ||
| 11 | hunting | |||
| (a) in a designated area | X | |||
| (b) anywhere else | X | |||
| 12 | building, placing, rebuilding, repairing, altering, moving or removing any structure or work on, in, over, under, through or across land or water | X | ||
| 13 | fishing | |||
| (a) in a designated area under a scientific permit issued by the Department of Fisheries and Oceans | X | |||
| (b) in a designated area without a scientific permit issued by the Department of Fisheries and Oceans | X | |||
| (c) anywhere else | X | |||
| 14 | conducting a race, regatta, trial, demonstration, organized event or similar activity | X | ||
| 15 | causing a fire or explosion, conducting blasting or setting off fireworks | X | ||
| 16 | placing a placard, bill, sign or device | X | ||
| 17 | selling or offering for sale goods or services | X | ||
| 18 | distributing circulars, leaflets or advertising materials | X | ||
| 19 | engaging in any form of solicitation | X | ||
| 20 | venturing out onto ice | X | ||
| 21 | swimming | X |
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