Port Authorities Operations Regulations

Port Authorities Operations Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 62(1) of the Canada Marine Acta, hereby makes the annexed Port Authorities Operations Regulations. S.C. 1998, c. 10 The definitions in this section apply in these Regulations. Act means the Canada Marine Act. (Loi) activity list, in respect of a port, means the Part of Schedule 1 particular to that port. (liste des activités) dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. (marchandises dangereuses) designated area means an area designated by a port authority in respect of an activity set out in column 1 of an activity list. (endroit désigné) fee means a fee fixed under subsection 49(1) of the Canada Marine Act or accepted by a port authority under section 53 of that Act. (droit) hot work means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding. (travail à chaud) Subject to section 3, these Regulations apply in respect of the navigable waters of a port, works and activities in a port and the property managed, held or occupied by a port authority. These Regulations do not apply in respect of that aspect of a work, within the meaning of the Canadian Navigable Waters Act, that involves a determination under that Act by the Minister as to whether the work will interfere with navigation if the work is built, placed, rebuilt, repaired or altered in, on, over, under, through or across the navigable waters of a port by a port authority other than a port authority set out in Schedule 2; or any person other than a person conducting those activities on behalf of a port authority set out in Schedule 2. These Regulations are binding on Her Majesty in right of Canada or a province. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a port that has or is likely to have any of the following results: to jeopardize the safety or health of persons in the port; to interfere with navigation; to obstruct or threaten any part of the port; to interfere with an authorized activity in the port; 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 port; to cause a nuisance; to cause damage to ships or other property; to adversely affect soil, air or water quality; or to adversely affect port operations or the property managed, held or occupied by the port authority. No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 4. No person shall access any area managed, held or occupied by a port authority unless the person accesses the area to conduct legitimate business in the port; the person is authorized by the port authority to access the area; or access is not restricted by a sign, a device or in some other way such as by a fence. A port authority may have signs posted or devices installed for the purpose of ensuring the safety of persons and property in a port, the environmental protection of the port or the management of the marine infrastructure and services of the port in a commercial manner. Every person in a port must comply with the instructions on signs posted and with devices installed under the authority of the port authority unless the person is authorized by the port authority to do otherwise. No person shall remove, mark or deface any sign or device in a port. Every person who operates a vehicle on property managed, held or occupied by a port authority shall do so in a safe manner and at a speed that does not exceed the lower of the speed limit posted under the authority of the port authority on signs on the property, and a lower speed that is warranted by prevailing weather conditions or by the movement or storage of equipment, trains or goods. [Repealed, SOR/2002-179, s. 1] A port authority may have signs and devices installed on property managed, held or occupied by it respecting the safe operation of vehicles; and the parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping. Every person who operates a vehicle on property managed, held or occupied by a port authority shall obey the instructions on any sign posted or device placed under the authority of the port authority and applicable to the person, vehicle or property; and traffic directions given by a person authorized for that purpose by the port authority. The owner of a vehicle that is parked or stopped contrary to an instruction or direction referred to in subsection (2) and any person in possession of the vehicle may be held liable. A port authority may have a vehicle moved or stored at the time at which the vehicle is found to be parked or stopped contrary to this section if the vehicle is apparently abandoned; parked or stopped in a place or manner that creates a hazard or obstruction, or at a time that is not within the posted parking or stopping hours; or parked or stopped in an area not posted as a parking or stopping area, or posted as a no-parking or no-stopping area. Unless otherwise authorized under these Regulations, a person who, in a port, drops, deposits, discharges or spills refuse, a substance that pollutes, cargo, ship’s gear or any other thing that interferes with navigation shall immediately make every technically and economically feasible effort to remove it; and notify the port authority of the incident without delay and provide a description of what was dropped, deposited, discharged or spilled and its approximate location. If the person does not remove the refuse, substance, cargo, ship’s gear or thing immediately, the port authority may conduct the removal and, if the thing removed interfered with navigation, the removal may be done at the expense of the person. Every person in a port shall follow the fire protection and prevention measures reasonably necessary for the safety of persons and property in the port, taking into account the activities and goods in the port. Every person who by act or omission causes a dangerous situation in a port shall take one of the following precautions: 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 station a person at the site of the dangerous situation to warn persons of the danger; take appropriate measures to prevent injury to persons or damage to property; and notify the port authority without delay as to the nature of the dangerous situation and the precautions that have been taken and their location. Despite any other provision of these Regulations, a person may, in a port, conduct an activity set out in column 1 of the activity list without having a contract, lease or licence or an authorization from the port authority or complying with the conditions of an authorization for the duration of an emergency situation if 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 without delay, the person conducting the activity submits a report to the port authority describing the activity and explaining why the situation was regarded as an emergency. If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a port damages 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 without delay, notify the port authority that there is an emergency situation; submit a detailed report of the emergency situation to the port authority as soon as possible after it begins; and at the request of the port authority, submit with the report to the port authority a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities. A person who does anything in a port 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 report of the incident to the port authority without delay. If, in a port, a person conducts an activity, other than an activity set out in Schedule 1, that is likely to have any of the results prohibited under section 5, a port authority may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result. The person shall immediately comply with the instructions of the port authority. If a port authority is the proponent of an activity that is set out in column 1 of the activity list and 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 the responsibility of the port authority for the safety of persons and property in the port, the environmental protection of the port and the management of the marine infrastructure and services of the port in a commercial manner. Subject to its letters patent and section 22, a port authority set out in Schedule 2 or a person acting on behalf of a port authority set out in Schedule 2 may build, place, rebuild, repair or alter in, on, over, under, through or across the navigable waters of the port a work within the meaning of the Canadian Navigable Waters Act that may interfere with navigation. Before carrying out an activity referred to in section 21, the port authority shall conduct an assessment of the impact of the work on navigation in the port. The port authority shall ensure that a report that summarizes the assessment is prepared before the activity is begun in respect of the work. The port authority shall if the assessment indicates that the work would have an adverse effect on safety in respect of navigation in the port, take appropriate measures designed to mitigate the effect, if technically and economically feasible; and if the assessment indicates that the work would 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. A person may, in a port, conduct an activity set out in column 1 of the activity list 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 port authority. If, by entering into a contract or lease or granting a licence, a port authority authorizes an activity set out in column 1 of the activity list that has or is likely to have any of the results prohibited under section 5, the port authority 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. Subject to subsections (2) and (3), a port authority may, by means of posted signs or by forms, give an authorization under this section to conduct in the port an activity set out in column 1 of the activity list if an “X” is set out in column 2. If the conduct of the activity is not likely to have a result prohibited under section 5, the port authority may give the authorization without conditions, as long as the authorization is posted in a prominent place clearly visible to persons wanting to conduct the activity. If the conduct of the activity is likely to have a result prohibited under section 5, the port authority may give the authorization only if, for the activity, it establishes conditions designed to mitigate or prevent the result; and communicates the conditions by posting them in a prominent place clearly visible to persons wanting to conduct the activity, or setting them out in forms that are readily available to persons wanting to conduct the activity. No person shall conduct an activity set out in column 1 of the activity list if an “X” is set out in column 2 unless the person complies with the conditions, if any, for conducting the activity that are posted or set out on forms and pays the applicable fee, if any. If a condition for conducting the activity is to complete a checklist, the person conducting the activity shall keep the checklist readily available for inspection. A port authority may give a written authorization under this section to a person to conduct, in the port, an activity set out in column 1 of the activity list if an “X” is set out in column 3; or an “X” is set out in column 2 and the person or any person who would be covered by the authorization is unable to comply with the conditions posted or set out on forms for the conduct of the activity under section 25. On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 28(2), the port authority shall 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, refuse to give its authorization, or give its authorization subject to conditions designed to mitigate or prevent the results; or if the port authority 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. No person shall, in a port, conduct an activity set out in column 1 of the activity list if an “X” is set out in column 3 unless the person obtains an authorization under section 27 or is covered by an authorization given under that section; and complies with the conditions, if any, of the authorization. A person that seeks an authorization from a port authority to conduct an activity in the port shall provide to the port authority the name and address of the person; the applicable fee, if any; information relevant to the proposed activity and required by the port authority to assess the likelihood of the occurrence of any of the results prohibited under section 5; if required by the port authority, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names the port authority as an additional insured and provides for the insurer to notify the port authority in the event that the policy is amended or cancelled; and if required by the port authority, performance security and damage security in respect of the conduct of the activity. A port authority may cancel an authorization given under section 27 or change the conditions to which an authorization is subject if the conduct of the activity has a result prohibited under section 5 or, as a result of a change in circumstances, becomes likely to have such a result; 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; the authorization was based on incorrect or misleading information; or the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization. If an authorization given under section 27 is cancelled, the port authority shall give notice of the cancellation to the person to whom the authorization was given. The cancellation is effective at the earliest of 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, 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 immediately on service of the notice of cancellation at the address provided in the application for the authorization. A port authority may instruct a person to take any of the actions prescribed under subsection (2) if the person conducts an activity that is prohibited under section 6; the person conducts an activity for which an authorization is required under section 27 without first obtaining the authorization or without being covered by one; the person or any person covered by an authorization fails to comply with a condition of the authorization; the authorization to conduct the activity is cancelled under section 29; or 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. The actions are to cease the activity or comply with the conditions for conducting the activity; and if the person is instructed to cease the activity, to remove anything brought into the port in connection with the activity, to return to the port anything that was removed from it in connection with the activity, and to restore the property affected by the activity to its former state. If the person fails to remove the thing or to restore the property immediately, the port authority may conduct the removal or restoration and may store the thing. If the thing removed or stored by the port authority interfered with navigation, the removal and, if applicable, the storage may be done at the expense of the person. The following definitions apply in this section. Authority means the Vancouver Fraser Port Authority. (Administration) authorization means a written authorization issued by the Authority to transport containers by truck in Port Metro Vancouver. (autorisation) Container Trucking Act means the British Columbia Container Trucking Act, S.B.C. 2014, c. 28. (loi sur le transport de conteneurs par camion) Port Metro Vancouver means the Authority’s port. (Port Metro Vancouver) Subject to subsections (5) and (6), the Authority shall not permit a truck to gain access to Port Metro Vancouver for the purpose of transporting a container unless the driver of the truck is employed by or is acting, either directly or indirectly, on behalf of a person who holds a valid authorization; the person who holds the authorization also holds a licence under the Container Trucking Act to transport containers by truck in Port Metro Vancouver; and the licence is not under suspension. An authorization is valid if the holder complies with, or ensures that the holder’s drivers comply with, any of the following requirements that are established by the Authority and specified in the authorization: requirements respecting an appointment or reservation system for trucks; requirements respecting the identification of trucks that gain access to Port Metro Vancouver; and requirements respecting the tracking and monitoring of trucks in Port Metro Vancouver. For greater certainty, a licence referred to in paragraph (2)(b) includes an authorization that is deemed to be a licence under the Container Trucking Act. Subsection (2) does not apply if there is an emergency that poses a risk to the safety of persons or property in Port Metro Vancouver or a risk to the environment and if containers must be transported by truck to mitigate or help mitigate that risk. Paragraphs (2)(b) and (c) do not apply in respect of a truck that is transporting a container to or from a location outside of the Lower Mainland of British Columbia. This section applies in respect of ships of a class for which fees are fixed under subsection 49(1) of the Act. This section does not apply in respect of pleasure craft. At least 24 hours before a ship enters a port, the owner or the person in charge of the ship shall provide the following information to the port authority if the information has not already been provided for the purpose of obtaining a traffic clearance: the name of the ship, its port of registry and its identification number as it appears in the Lloyd’s Register of Shipping or on the ship’s certificate; the name of the owner, the master and the agent of the ship; the gross tonnage of the ship and its length overall; the port from which and the date on which the ship began its voyage; the estimated time of arrival of the ship in the port; the estimated draught of the ship on arrival in the port and on departure; the description, quantity and tonnage of dangerous goods that are in transit on the ship or that will be loaded, unloaded or transferred in the port, in the form provided by the port authority; the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the port; the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship; if the ship is not engaged in cargo or passenger operations, the purpose of the ship’s visit to the port; the last port of call of the ship and its next intended port of call; and any other information requested by the port authority and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 5 or to the management of the marine infrastructure and services of the port in a commercial manner. The owner or the person in charge of the ship shall provide the port authority with the description, quantity and tonnage of the cargo loaded, unloaded or transferred at each berth or anchorage within 24 hours after the loading, unloading or transferral. The information shall be provided by delivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; or sending it by facsimile or electronic transmission. If a ship is waiting for another ship to load, unload or transfer cargo to get a berth or anchorage, the owner or the person in charge of the other ship shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred, the loading, unloading or transfer operations are conducted with dispatch; and the cargo is moved with dispatch from the immediate vicinity of the berth or anchorage to enable the waiting ship to load, unload or transfer its cargo. If the loading, unloading or transfer operations of the ship, or the movement of its cargo, are not conducted with dispatch, the port authority may instruct the owner or the person in charge of the ship to move the ship from the berth or anchorage to allow the waiting ship to berth or to anchor and begin its loading, unloading or transfer operations; or the cargo from the immediate vicinity of the berth or anchorage. If, to allow a waiting ship to berth or to anchor promptly, the loading, unloading or transfer operations of a ship, or the movement of its cargo, are conducted around the clock or the ship or cargo is moved on the instructions of the port authority, the owner or person in charge of the waiting ship shall ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred, the loading, unloading or transfer operations of the waiting ship are conducted with dispatch; and the cargo of the waiting ship is moved with dispatch from the immediate vicinity of the berth or anchorage. The owner or the person in charge of a ship berthed, moored or anchored in a port shall ensure that the harbour master is kept informed of the location and telephone number of a person who can take command of the ship immediately at the request of the harbour master if it is necessary for the safety of persons or property in the port to move the ship; and the ship is kept in a state of readiness so that it can be moved quickly. The owner or the person in charge of a ship that is berthed, moored or anchored in a port shall ensure that the ship is fitted with arrangements suitable for attaching a towing line so that the ship can be towed from its berth, mooring or anchorage if moving the ship is necessary for the safety of persons or property in the port. [Repeal] These Regulations come into force on March 1, 2000. Belledune Port Authority Halifax Port Authority Montreal Port Authority Prince Rupert Port Authority Quebec Port Authority Saguenay Port Authority Saint John Port Authority Sept-Îles Port Authority St. John’s Port Authority Trois-Rivières Port Authority Vancouver Fraser Port Authority For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.