Historic Canals Regulations (SOR/93-220)

• 6.1 (1) If the superintendent cancels a permit, the superintendent shall, as soon as feasible after making the decision, provide written notice of the cancellation, including reasons, to the permit holder.

• (2) Any person whose permit has been cancelled may submit a written request for a review of that decision to the Chief Executive Officer of the Parks Canada Agency within 30 days after the date of the notice.

• (3) The Chief Executive Officer shall, within 30 days after the day on which the request is received, complete the review and provide written notice of the decision, including reasons, to the person who requested it.

PART IIControlled Activities and Areas

Prohibited Conduct

7 No person shall

• (a) do anything that unreasonably disturbs or interferes with any person’s use or enjoyment of a historic canal;

• (b) behave in a manner that endangers the safety of any person in a historic canal;

• (c) cause excessive noise in a historic canal between 11:00 p.m. and 6:00 a.m.;

• (d) operate a lock, lift or swing bridge, dam or wasteweir in a historic canal, or the gates or sluices of those structures, unless authorized to do so; or

• (e) fish within 10 m of a lock or approach wharf or from a bridge over a navigation channel.

8 Every person shall comply with any sign posted or traffic control device placed in a historic canal pursuant to subsection 4(2).

Restricted Activities and Areas

9 No person, other than a peace officer or an employee acting in the course of employment, shall, in a historic canal, engage in an activity that is restricted or enter into an area that is closed, where notice of the restriction or closure has been given in accordance with paragraph 4(2)(d).

10 Except at times and in areas designated by means of a sign or notice, no person shall

• (a) in a navigation channel or within 100 m of a structure in a historic canal, water-ski, ride a tube or kneeboard, engage in any activity that involves being towed behind a vessel or operate a vessel towing a water-skier or person riding a tube or kneeboard;

• (b) dive, jump, scuba-dive, swim or bathe in a navigation channel or within 40 m of a lock gate or a dam in a historic canal;

• (c) dive or jump from a bridge over a historic canal, or from the abutments of such a bridge; or

• (d) operate a vessel within 40 m of a dam in a historic canal, unless the vessel is in the navigation channel.

Resource Protection

• 11 (1) No person shall

  • (a) deposit in a historic canal, snow that has been collected during snow removal;

  • (b) discard waste in a historic canal, except in a receptacle designated for that purpose;

  • (c) discharge the contents of a holding tank in a historic canal, except at a pumpout station designated for that purpose; or

  • (d) abandon or discard any other thing in a historic canal.

• (2) No person shall, except in accordance with a permit issued under subsection (3), remove, alter or destroy any cultural resource, natural resource, structure, equipment or object in a historic canal.

• (3) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to remove, alter or destroy a cultural resource, natural resource, structure, equipment or object, where the removal, alteration or destruction is necessary for

  • (a) scientific purposes; or

  • (b) the management of water levels or flows.

• (4) A permit issued under subsection (3) shall specify

  • (a) the cultural resource, natural resource, structure, equipment or object, or the amount thereof, that may be removed, altered or destroyed and the location from which it may be removed or at which it may be altered or destroyed; and

  • (b) the period for which the permit is valid.

12 Every person who uses or occupies a property or facility in a historic canal shall, on vacating the property or facility, leave it in a clean and orderly condition.

Transportation of Dangerous Goods

• 13 (1) No person in charge of a vessel shall allow the vessel to transport any dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 in a historic canal, except in accordance with a permit issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to transport dangerous goods in a historic canal.

• (3) A permit issued under subsection (2) shall specify

  • (a) the type of dangerous goods to be transported;

  • (b) the dates and times when, and the route along which, the goods may be transported; and

  • (c) the period for which the permit is valid.

Dredge and Fill Operations

• 14 (1) No person shall dredge, fill or dredge and fill in a historic canal, except in accordance with a permit issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to dredge, fill or dredge and fill in a historic canal.

• (3) A permit issued under subsection (2) shall specify

  • (a) the dates and times when, the location at which, and the extent to which the dredging, filling or dredging and filling may be carried out; and

  • (b) the period for which the permit is valid.

• (4) The superintendent may issue a stop work order, a restore order or both to a person who

  • (a) contravenes or fails to comply with the terms and conditions specified in a permit issued under subsection (2); or

  • (b) dredges, fills or dredges and fills in a historic canal without a permit.

• (5) Where the superintendent issues a stop work order to a person, the person shall comply with the stop work order until such time as the superintendent issues a restore order.

• (6) Where the superintendent issues a restore order to a person, the person shall

  • (a) in the case of a person to whom a permit was issued, restore at the person’s risk and expense that part of the historic canal that was dredged, filled or dredged and filled, contrary to the terms and conditions of the permit, to the condition that it was in prior to the dredging, filling or dredging and filling or, where applicable, to the condition that was specified in the permit; and

  • (b) in the case of a person without a permit, restore at the person’s risk and expense the historic canal to the condition that it was in prior to the dredging, filling or dredging and filling.

Signs and Structures

• 15 (1) No person shall erect a sign, structure or object over or in a historic canal, except in accordance with a permit issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to erect a sign, structure or object over or in a historic canal.

• (3) A permit issued under subsection (2) shall specify

  • (a) the location at which the sign, structure or object may be erected; and

  • (b) the date before which the sign, structure or object must be removed.

• (4) Every person who erects a sign, structure or object under this section shall

  • (a) erect it at the person’s risk and expense; and

  • (b) remove it at the person’s risk and expense before the date specified in the permit.

Organized Events

• 16 (1) No person shall convene an organized race, competition, regatta, fair, exhibition, demonstration or any other such organized event or activity in a historic canal, except in accordance with a permit issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to convene an organized race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity in a historic canal.

• (3) A permit issued under subsection (2) shall specify

  • (a) the type of race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity that may be convened and the dates and times when, and the location at which, it may be convened; and

  • (b) the period for which the permit is valid.

Aircraft Operations

• 17 (1) Except in the case of an emergency, no person shall take off, land or moor an aircraft

  • (a) on the navigation channel of a historic canal;

  • (b) on historic canal waters within 100 m of a lock, bridge or dam; or

  • (c) except in accordance with a permit issued under subsection (2), on historic canal waters at a point where the waters are 150 m wide or less.

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to take off, land or moor an aircraft on historic canal waters referred to in paragraph (1)(c).

• (3) A permit issued under subsection (2) shall specify

  • (a) the dates and times when, and the location at which, the applicant may take off, land or moor an aircraft; and

  • (b) the period for which the permit is valid.

Camping

18 No person shall camp on historic canal lands, except at a campground.

• 19 (1) Subject to section 21, it is prohibited for any person to camp at a campground unless the person

  • (a) holds a permit issued under subsection (2); or

  • (b) is a member of a group in respect of which a permit has been issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to camp at a campground if

  • (a) there is sufficient space available at the campground; and

  • (b) there are sufficient washroom facilities for the number of campers.

• (3) The permit shall specify the campground’s location and the period for which the permit is valid.

20 [Repealed, SOR/2015-134, s. 10]

21 Where a person holds a permit to moor overnight that is issued under subsection 40(5), the person may camp that night at a campground without holding a permit issued under subsection 19(2).

Fireworks

• 22 (1) No person shall discharge fireworks in a historic canal, except in accordance with a permit issued under subsection (2).

• (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to discharge fireworks in a historic canal.

• (3) A permit issued under subsection (2) shall specify

  • (a) the dates and times when, and the location at which, the applicant may discharge fireworks; and

  • (b) the period for which the permit is valid.