Historic Canals Regulations (SOR/93-220)

Short Title

1 These Regulations may be cited as the Historic Canals Regulations.

Interpretation

2 In these Regulations,

approach wharf

approach wharf means that section of a wharf or tie-up wall in a historic canal designated by means of a sign or symbol as, or painted with a blue stripe indicating, a mooring space for vessels waiting to enter a lock; (quai d’approche)

boater campground

boater campground[Repealed, SOR/2015-134, s. 1]

campground

campground means an area in a historic canal where the public is permitted to camp; (terrain de camping)

commercial craft

commercial craft means a vessel that carries persons or goods for hire or reward or that is used to provide another service for hire or reward, and includes a vessel chartered or hired for the purpose of pleasure by or on behalf of the persons carried on the vessel; (embarcation commerciale)

cultural resource

cultural resource means any work of nature or of human hand that is primarily of interest for its palaeontological, archeological, historic, cultural, scientific or aesthetic value, and includes, but is not limited to, a palaeontological, archeological, historic or natural site, structure or object or any remains, restoration or reconstruction thereof; (ressource culturelle)

dredge

dredge means to remove, by digging, gathering, pulling out or otherwise removing, any material from a historic canal, particularly from water or wetlands, for the purpose of creating new channels or boat slips, making land, constructing or placing any in-water structures such as boat-houses, wharves or retaining walls, or maintaining previously dredged areas or openings to any upland mooring basins; (draguer)

employee

employee means a person appointed under the Parks Canada Agency Act to work at a historic canal; (employé)

fill

fill means to place any material in water or wetlands for the purpose of making land, constructing wharves, stabilizing the shoreline, revetting or constructing works, building beaches or constructing foundations for boat-houses or other structures; (remblayer)

historic canal

historic canal means a canal set out in column I of Schedule I and includes the waters and any works or lands that belong to Canada and that are appertaining or incidental to the canal; (canal historique)

length

length means

• (a) in the case of a registered vessel, the length shown on the Certificate of Registry, and

• (b) in the case of any other vessel, the length from the fore part of the head of the stem to the after part of the head of the stern post; (longueur)

lock

lock includes a liftlock and a marine railway; (écluse)

lying up

lying up means the continuous occupation by a vessel during the navigation season of an area in a historic canal designated for that purpose; (séjour)

moor

moor means to secure a vessel to a wharf, buoy or canal wall, or to another vessel that is so secured, and includes to beach, store or anchor a vessel; (amarrer)

natural resource

natural resource means any soil, sand, gravel, rock, mineral, fossil or other natural material, and includes flora; (ressource naturelle)

navigation channel

navigation channel means a navigable passage of water in a historic canal that is

• (a) in the case of an artificial channel, delimited by the shoreline, or

• (b) in any other case,

  • (i) delimited by aids to navigation, or

  • (ii) where not delimited by aids to navigation, 15 m in width along each side of a line that indicates a navigation channel on Canadian Hydrographic Service charts; (chenal de navigation)

non-profit charitable organization

non-profit charitable organization means an organization that is operated for purposes other than profit, no part of the income of which is payable to or otherwise available for the personal benefit of any proprietor, member or shareholder of the organization; (organisme de bienfaisance sans but lucratif)

owner

owner, in respect of a vessel or vehicle, includes the authorized agent of the owner; (propriétaire)

peace officer

peace officer means a peace officer as defined in section 2 of the Criminal Code; (agent de la paix)

person in charge

person in charge, in respect of a vessel, means

• (a) where the owner of the vessel is on board, the owner and the operator of the vessel, and

• (b) where the owner of the vessel is not on board, the operator of the vessel; (responsable)

pleasure craft

pleasure craft means a vessel other than a commercial craft; (embarcation de plaisance)

possession

possession has the same meaning as that term is given in subsection 4(3) of the Criminal Code; (possession)

superintendent

superintendent means a person appointed under the Parks Canada Agency Act who holds the office of superintendent and who has the responsibility for a historic canal, and includes any other person appointed under that Act who is authorized by that person to act on their behalf; (directeur)

traffic control device

traffic control device means a sign, signal, marker or other device that regulates, warns or guides vessels, vehicles or pedestrians; (dispositif de réglementation de la circulation)

vessel

vessel means an amphibious craft, boat, canoe, air cushion vehicle, raft, ship, or other type of floating craft, and includes an aircraft while on the water, except when landing or taking off; (bâtiment)

waste

waste means an organic or inorganic waste material, but does not include

• (a) liquid that is free of solids and is derived from water used on a pleasure craft for household purposes, or

• (b) engine-cooling water and bilge water; (déchets)

wintering

wintering means the continuous occupation by a vessel during the non-navigation season of an area in a historic canal designated for that purpose. (hivernage)

PART IGeneral

Application

3 Except as otherwise provided in Part V, these Regulations apply in respect of all historic canals and any person, goods, vehicle or vessel in the historic canals.

Duties of the superintendent

• 4 (1) The superintendent shall, before issuing a permit under these Regulations authorizing the applicant to engage in an activity, and in order to determine the terms and conditions specified in a permit, take into account the effects of the activity on

  • (a) cultural resources, natural resources, structures, equipment and objects in the historic canal;

  • (b) the safe navigation of vessels and the safe operation of locks, dams and bridges in the historic canal;

  • (c) the safety of persons in the historic canal;

  • (d) wildlife and the eggs and habitat of wildlife in the historic canal; and

  • (e) the historic character of the historic canal.

• (2) The superintendent may

  • (a) post, in a historic canal, signs that are necessary to

    • (i) protect cultural resources, natural resources, structures, equipment and objects,

    • (ii) ensure the safe navigation of vessels and the safe operation of locks, dams and bridges,

    • (iii) ensure the safety of persons, and

    • (iv) protect wildlife or the eggs or habitat of wildlife;

  • (b) close, restrict or open to public use any area in a historic canal for the purposes of

    • (i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges,

    • (ii) maintaining the historic canal,

    • (iii) holding events or activities referred to in subsection 16(1),

    • (iv) protecting cultural resources, natural resources, structures, equipment and objects,

    • (v) ensuring the safety of persons, and

    • (vi) protecting wildlife or the eggs or habitat of wildlife;

  • (c) restrict or schedule any activity in a historic canal for the purposes of

    • (i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges,

    • (ii) protecting cultural resources, natural resources, structures, equipment and objects,

    • (iii) ensuring the safety of persons, and

    • (iv) protecting wildlife or the eggs or habitat of wildlife;

  • (d) give notice of the closing, restricting, opening or scheduling referred to in paragraph (b) or (c) by

    • (i) posting signs in the historic canal, or

    • (ii) using such other means as are likely to bring notice of the closing, restricting, opening or scheduling to the attention of persons affected by it; and

  • (e) place, maintain, alter or remove traffic control devices in a historic canal.

Powers of a Peace Officer

5 A peace officer may arrest without warrant any person found committing an act in contravention of these Regulations.

Permits

• 6 (1) Every person to whom a permit is issued under these Regulations shall

  • (a) where the permit is issued authorizing the person or a vessel in the charge of the person to engage in an activity, ensure that the permit is carried

    • (i) on the person while the person is engaged in the activity, where the permit is issued under subsection 11(2), 14(2), 15(2), 16(2), 19(2), 22(2), 44(2) or 45(2), or

    • (ii) on board while the person or the vessel is engaged in the activity, where the permit is issued under subsection 13(2), 17(2), 39(2), 40(5), 42(2) or 43(2);

  • (b) produce the permit at the request of the superintendent or an employee;

  • (c) comply with the terms and conditions specified in the permit; and

  • (d) notify the superintendent of any corrections to information provided in an application to obtain the permit as soon as possible after learning of them.

• (2) No permit is transferable to any other person or vessel.

• (3) The superintendent may cancel a permit where

  • (a) the purpose for which the permit was issued no longer applies; or

  • (b) the person to whom the permit is issued

    • (i) contravenes or fails to comply with the terms and conditions of the permit or these Regulations, or

    • (ii) provides incorrect, false or misleading information to the superintendent in an application to obtain the permit.

• (4) The superintendent may amend a permit at no cost to the applicant.