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Historic Canals Regulations (SOR/93-220)

Regulations are current to 2024-10-30 and last amended on 2017-02-13. Previous Versions

PART IIControlled Activities and Areas (continued)

Fire

  •  (1) No person shall light or maintain a fire on historic canal lands except

    • (a) in a stove, fireplace or other receptacle or place designated for that purpose; or

    • (b) in a portable stove or other similar device in a place designated, by means of a sign or notice, for that purpose.

  • (2) No person who lights or maintains a fire on historic canal lands shall leave the fire unattended.

  • (3) Every person who lights or maintains a fire on historic canal lands shall extinguish the fire when it is no longer required.

Domestic Animals

  •  (1) Every person who brings a pet onto historic canal lands shall ensure that the pet is

    • (a) restrained by a harness or a leash that is no longer than 3 m; or

    • (b) confined in a container or enclosure.

  • (2) Every person who is in charge of a pet on historic canal lands shall ensure that any excrement or other solid waste that originates from the pet is disposed of in a receptacle or removed from the historic canal lands.

  •  (1) Subject to subsection (2) and section 47, no person shall bring livestock onto historic canal lands.

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to bring a horse onto historic canal lands.

  • SOR/2002-191, s. 5(E)

 [Repealed, SOR/2015-134, s. 12]

PART IIINavigation

Fitting of Vessels

 Every owner of a vessel that is in historic canal waters shall ensure that

  • (a) the vessel is fitted with good and sufficient mooring lines; and

  • (b) any fender attached to the vessel is securely fastened to the vessel and made of material that will float.

Condition and Operation of Vessels

 No person in charge of a vessel shall operate the vessel in a historic canal where the dimensions, configuration, draught or condition of the vessel or the goods or equipment on the vessel may

  • (a) damage the historic canal;

  • (b) endanger the safety of persons using the historic canal; or

  • (c) delay or obstruct navigation.

 Every person in charge of a vessel that is in a historic canal shall

  • (a) obey all traffic control devices; and

  • (b) comply with the instructions of employees and peace officers in respect of the safe and orderly use of locks and navigation channels.

 Every person in charge of a vessel that is in a historic canal shall operate the vessel in a manner that ensures that its wake is minimized and that the vessel and its wake do not compromise the safety of persons or vessels or cause damage to the shoreline or to any vessel, works, equipment or object.

  • SOR/2015-134, s. 13

Meeting and Overtaking of Vessels

  •  (1) Where two vessels are approaching a bridge in a historic canal from opposite directions and passage by the bridge can only be made by one vessel at a time, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other at least 100 m downstream of the bridge.

  • (2) Where two vessels are approaching a bend in a narrow navigation channel from opposite directions, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other downstream of the bend.

  • (3) No person in charge of a vessel in a historic canal shall attempt to overtake another vessel while within 300 m of a lock, guard gate or bridge, unless directed to do so by the superintendent or a peace officer.

  • (4) The person in charge of a vessel shall decrease the speed of the vessel to dead slow when the vessel is passing employees working on historic canal waters.

  • SOR/2002-191, s. 5(E)

Precedence at Swing and Lift Bridges

  •  (1) The superintendent shall give precedence to trains at a railway swing or lift bridge.

  • (2) The superintendent shall give precedence to vessels at a highway swing or lift bridge during the hours in which the bridge is scheduled to operate.

  • SOR/2002-191, s. 5(E)

Vessels Passing a Swing or Lift Bridge

  •  (1) Subject to subsection (2) and section 34, no person in charge of a vessel in a historic canal shall attempt to pass the vessel through a swing or lift bridge until the bridge is fully open and

    • (a) no red light is shown by the traffic control device on the bridge; or

    • (b) the person in charge of the vessel is directed by an employee to proceed.

  • (2) Subsection (1) does not apply in respect of a vessel that can safely clear a swing or lift bridge that is fully closed.

  • SOR/2015-134, s. 14(F)
  •  (1) No person in charge of a vessel shall attempt to pass the vessel through the Brighton Road Swing Bridge, situated on Northumberland County Road Number 64 on the Murray Canal along the Trent-Severn Waterway, 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 pass the vessel through the Brighton Road Swing Bridge.

  • (3) [Repealed, SOR/2015-134, s. 15]

  • SOR/94-580, s. 7
  • SOR/2002-191, s. 5(E)
  • SOR/2015-134, s. 15

Passing of Vessels through a Lock

  •  (1) No person in charge of a vessel shall allow the vessel to leave an approach wharf to enter a lock of a historic canal, or to leave a lock, until the lock gate or gates are fully open and

    • (a) no red light or flashing red light is shown by the traffic control device on the lock; or

    • (b) the person in charge of the vessel is directed by an employee to proceed.

  • (2) Every person in charge of a vessel waiting to enter a lock of a historic canal shall give way to vessels leaving the lock.

  • (3) No person in charge of a vessel shall allow the vessel to pass through a lock of a historic canal unless the vessel is equipped in accordance with section 27.

  • SOR/2015-134, s. 16
  • SOR/2017-21, s. 14(F)

 Every person in charge of a vessel that is passing through a lock of a historic canal shall ensure that

  • (a) the vessel is positioned and secured in the lock as directed by an employee;

  • (b) each mooring line of the vessel is attended by at least one member of the crew during the period that the vessel is passing through the lock; and

  • (c) the engine compartment blower or exhaust fan is operating.

 During the period that any vessel is passing through a lock of a historic canal, no person shall smoke or have an open flame on the coping wall or lock gate.

 No person shall, while on a vessel that is passing through a lock of a historic canal,

  • (a) smoke or have an open flame including a pilot light;

  • (b) turn on or off, or attempt to turn on or off, any appliance; or

  • (c) until directed to do so by an employee, operate or attempt to operate an engine.

  •  (1) Subject to subsection (4), no person in charge of a vessel shall, except in accordance with a permit issued under subsection (2), allow the vessel to pass through a lock of the Saint-Ours, Chambly, Sainte-Anne-de-Bellevue, Carillon, Rideau or Lachine Canal or a lock of the Trent-Severn Waterway.

  • (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to pass the vessel through a lock of a historic canal referred to in subsection (1).

  • (3) [Repealed, SOR/2015-134, s. 17]

  • (4) The person in charge of a vessel may pass through a lock of a historic canal named in subsection (1) for the purpose of obtaining a permit, if the person does not proceed further along the historic canal than to a lock station at which permits are issued.

  • SOR/94-580, s. 8
  • SOR/2002-191, ss. 3, 5(E)
  • SOR/2015-134, s. 17

Mooring of Vessels

  •  (1) No person in charge of a vessel shall moor the vessel or allow it to be moored in a historic canal in a manner that obstructs navigation.

  • (2) No person in charge of a vessel shall moor the vessel or allow it to be moored along an approach wharf during the hours of operation of the lock, unless the vessel is waiting to enter the lock.

  • (3) No person shall affix a mooring line to a structure or object at a lock station, other than a structure or object designed for that purpose.

  • (4) No person shall, except in accordance with a permit issued under subsection (5), moor a vessel at a place designated by means of a sign or notice as requiring a mooring permit.

  • (5) The superintendent may, on receipt of an application, issue a mooring permit.

  • (6) Where a space at a wharf is designated by means of a sign or notice as being reserved for a certain period for a particular type or class of vessel, no person shall moor a vessel in the space during that period unless the vessel is of that type or class.

  • (7) No person shall moor a vessel at a wharf for a period that exceeds the period designated for that wharf.

  • (8) No person in charge of a vessel that has been moored at a lock station shall return to moor the vessel at the same lock station until a period of 24 hours has elapsed from the time of the vessel’s departure from the lock station.

  • SOR/94-580, s. 9
  • SOR/2002-191, s. 5(E)

 No person in charge of a vessel shall allow the vessel to be moored in a navigation channel except in case of an emergency and only for such time as the emergency exists.

Wintering and Lying Up of Vessels

  •  (1) No person in charge of a vessel shall winter the vessel 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 winter a vessel in a historic canal.

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

    • (a) the type and size of vessel that the applicant may winter;

    • (b) the location at which the applicant may winter the vessel; and

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

  • SOR/94-580, s. 10
  • SOR/2002-191, s. 5(E)
  •  (1) No person in charge of a vessel shall allow the vessel to lie up 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 lie up a vessel in a historic canal.

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

    • (a) the type and size of vessel that the applicant may lie up;

    • (b) the location at which the applicant may lie up the vessel; and

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

  • SOR/94-580, s. 11
  • SOR/2002-191, s. 5(E)

Aids to Navigation

  •  (1) No person shall, in a historic canal,

    • (a) move, alter or destroy any aid to navigation;

    • (b) moor a vessel to any aid to navigation;

    • (c) set out navigation markers other than buoys; or

    • (d) except in accordance with a permit issued under subsection (2), set out a buoy.

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

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

    • (a) the type, placement and characteristics of the buoy in accordance with the Private Buoy Regulations; and

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

  • SOR/2002-191, s. 5(E)
 

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