Seaway Property Regulations

Contents

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 98 of the Canada Marine Act, hereby makes the annexed Seaway Property Regulations.^note^note

Interpretation

1 #

The definitions in this section apply in these Regulations.

Act means the Canada Marine Act. (Loi)

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 means an authorization given under Part 3. (autorisation)

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 means a fee referred to in subsection 92(1) or (2) of the Act. (droit)

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 means The St. Lawrence Seaway Management Corporation. (gestionnaire)

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 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 — Canadian Navigable Waters Act

3 #

These Regulations do not apply in respect of that aspect of a work, within the meaning of the Canadian Navigable Waters 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.^note

Binding on Her Majesty

4 #

These Regulations are binding on Her Majesty in right of Canada or a province.

Part 1 · Safety 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 adversely effect any part of the Seaway or Seaway property;

(d)to interfere with an activity that is authorized under section 26 or 30 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.

^note

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 Seaway property unless

(a)the person does so to conduct an activity that is authorized under section 26 or 30; or

(b)access is not restricted by a sign or device or in some other way, such as by a fence.

^note

Signs and Devices

8 #

(1)The Manager may have signs or devices installed in the Seaway or on Seaway property for any of the following purposes:

(a)ensuring the safety of persons and property in the Seaway or on Seaway property;

(b)ensuring the environmental protection of the Seaway or Seaway property; and

(c)ensuring the management of the marine infrastructure of the Seaway and services in connection with the operation of the Seaway in a commercial manner.

(2)The Manager may have signs or devices installed in the Seaway or on Seaway property respecting any of the following subject-matters:

(a)the safe operation of vehicles;

(b)the parking or stopping of vehicles, including the restriction or prohibition of parking or stopping; and

(c)restrictions on the weight and dimension of vehicles.

9 #

(1)If a sign or device installed in the Seaway or on Seaway property under the authority of the Manager applies to a person in the Seaway or on Seaway property or in respect of a vehicle being operated by the person on Seaway property, the person shall obey the instructions on the sign or device unless he or she is authorized to do otherwise under section 33.1.

(2)No person shall remove, mark or deface any sign or device in the Seaway or on Seaway property.

Operation of Vehicles

10 #

[Repealed, SOR/2014-102, s. 4] (repealed)

11 #

Every person who operates a vehicle on Seaway property shall do so in accordance with the laws of the province and municipality in which the Seaway property is situated.^note

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.

^note

14 #

The Manager may have a vehicle that is on Seaway property moved or stored if the vehicle

(a)is apparently abandoned;

(b)is 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 parking or stopping hours indicated on a sign or device; or

(c)is parked or stopped in an area that is

(i)not indicated on a sign or device as a parking or stopping area, or

(ii)indicated on a sign or device as a no-parking or no-stopping area.

^note

15 #

If a vehicle referred to in section 14 interferes with navigation, the Manager may have it moved or stored at the expense of the owner or operator of the vehicle or at the expense of the person who was in possession of the vehicle at the time it was found to be parked or stopped.^note

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 immediately remove the refuse, substance, object, cargo or ship’s gear, the Manager may have it removed and, if the refuse, substance, object, cargo or ship’s gear interferes with navigation, the Manager may have it removed at the person’s expense.

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.

^note

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 if the situation causes or is likely to cause damage to 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.

^note

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 #

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 for which no authorization under these Regulations is required, the Manager may instruct the person to cease the activity or to take the precautions necessary to mitigate or prevent the result.^note

Part 2 · Activities 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 Canadian Navigable Waters 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 Canadian Navigable Waters Act that may interfere with navigation.^note

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 3 · Authorizations 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.

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)refuse to give its authorization 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 and the results cannot be mitigated or prevented;

(c)if the conduct of the activity is likely to have any of the results prohibited under section 5, give its authorization subject to conditions that are designed to mitigate or prevent the results; or

(d)refuse to give its authorization if the person’s insurance coverage is inadequate for the conduct of the activity.

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)any information relevant to the proposed activity that is necessary to assess the likelihood of the occurrence of any of the results prohibited under section 5;

(d)if any of the results prohibited under section 5 are likely to occur, proof that the applicant has an insurance policy that provides adequate coverage for the conduct of the activity, that names the Manager as an additional insured and that provides for the insurer to notify the Manager in the event that the policy is amended or cancelled; and

(e)if any of the results prohibited under section 5 are likely to occur, 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.

33.1 #

The Manager shall give a temporary written or verbal authorization under this section to a person to not obey an instruction on a sign or device installed under the authority of the Manager if

(a)the person is carrying out an activity that is necessary for the operation of the Seaway or Seaway property; and

(b)obeying the instruction is likely to have any of the results prohibited under section 5.

^note

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; or

(d)the authorization to conduct the activity is cancelled under section 32.

(e)[Repealed, SOR/2014-102, s. 17] (repealed)

(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)If the person does not immediately remove a thing referred to in subparagraph (2)(b)(i), the Manager may have it removed or stored and, if the thing interferes with navigation, the Manager may have it removed or stored at the person’s expense.

(4)[Repealed, SOR/2014-102, s. 17] (repealed)

Part 4 · Repeals 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.

(Sections 1, 6, 19, 23, 26, 27, 30 and 31)

| Column 1 | Column 2 | Column 3 | Column 4Item | 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 | | | X6 | 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 | | | X12 | 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 | | | X14 | conducting a race, regatta, festival or other organized event | | X | 15 | causing a fire or explosion, conducting blasting or setting off fireworks | | X | 16 | placing a placard, bill, sign or device that could be mistaken for a sign or device installed by the Manager | | X | 17 | operating a commercial enterprise | | X | 18. and 19. | [Repealed, SOR/2014-102, s. 20]20 | venturing out onto ice | | X | 21 | swimming | | | X

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.