Short Title

1 These By-laws may be cited as the Oshawa Harbour Commission By-laws.

Interpretation

2 In these By-laws,

Act

Act means the Harbour Commissions Act; (Loi)

berthage

berthage means a rate imposed upon a vessel in respect of the period of time that the vessel is

• (a) moored to a wharf,

• (b) occupying a berth or any space at or near a wharf, or

• (c) secured in any manner whatever to a vessel that is subject to berthage; (droit d’accostage)

Commission

Commission means the Oshawa Harbour Commission; (Commission)

Corporation

Corporation[Repealed, SOR/94-696, s. 4]

day

day means a period of 24 consecutive hours; (jour)

goods

goods means all tangible personal property or movables other than vessels and includes animals and vehicles; (marchandises)

harbour

harbour means the Oshawa Harbour referred to in the Proclamation Establishing the Oshawa Harbour Commission; (port)

harbour master

harbour master includes the deputy of the harbour master; (maître de port)

length

length means,

• (a) in respect of a registered vessel, the registered length, and

• (b) in respect of any other vessel, the overall length as determined by the harbour master; (longueur);

mile

mile means the international nautical mile of 1 852 metres; (mille)

rate

rate means any rate, dues or charge; (droit)

tonne

tonne means 1 000 kilograms; (tonne)

vessel

vessel includes any ship, boat, barge, raft, dredge, floating elevator, scow, seaplane or other floating craft; (navire)

wharfage

wharfage means a rate imposed upon goods

• (a) that are loaded on or unloaded from a vessel at a wharf, or

• (b) that are placed on, conveyed across, along, over or under a wharf; (quayage)

wintering

wintering means berthage during the period commencing December 15th in a year and ending April 30th in the year immediately following. (droit d’hivernage)

PART IGeneral Administration

• 3 (1) The chairman shall hold office for a term of one year and may be re-elected.

• (2) The chairman shall preside at all meetings of the commissioners.

• 4 (1) The commissioners shall hold an ordinary meeting of the Commission at the office of the commissioners twice monthly on the first and third Thursday of each month or on such other day and hour therein as may be fixed from time to time by resolution of the commissioners.

• (2) Any business of the Commission may be dealt with and disposed of at an ordinary meeting of the Commission, however, if objection is raised by any commissioner to immediate action being taken upon any business at that meeting

  • (a) the business objected to shall not be proceeded with at the meeting; and

  • (b) a notice of motion shall be given at the meeting stating the intention of dealing with the business objected to at the subsequent ordinary meeting or at a special meeting called for such purpose.

• 5 (1) Special meetings of the commissioners may be called by the chairman or by any two commissioners.

• (2) The secretary shall give at least 24 hours notice before any special meeting to each commissioner specifying the object for which the special meeting is called.

• (3) No business shall be transacted at any special meeting other than business specified on the notice or such business as is incidental or accessory thereto.

6 The chairman may vote on any question before the Commission, but he may not cast a second vote.

• 7 (1) Conveyances, leases, deeds, mortgages, indentures and other instruments of like nature shall be executed by the chairman, or any one commissioner, together with the secretary who shall also attach the Commission’s seal under the direction of the Commission.

• (2) All debentures to be issued by the commissioners shall be signed by two commissioners and by the secretary, and the signature of the two commissioners signing any debenture and the signature of the secretary may be engraved or lithographed on the coupons attached to any such debenture.

• (3) All cheques, drafts and bills of exchange shall be signed by the chairman or any one commissioner, together with the secretary.

• 8 (1) The secretary shall keep a register in which, subject to subsection (2), he shall register any debenture issued by the Commission and endorse upon such debenture the following:

  • (a) the date upon which the debenture is registered;

  • (b) the name of the owner of the debenture; and

  • (c) the number of the debenture.

• (2) A debenture shall only be registered by the secretary upon the written request of the owner of the debenture.

• (3) The registration of a debenture shall suspend the negotiability thereof until such time as the secretary cancels the registration.

• (4) The secretary shall cancel the registration of a debenture upon the written request of the party legally entitled to the ownership of the debenture.

• (5) Upon the cancellation of the registration of any debenture, the secretary shall record in his register and endorse upon the debenture the following:

  • (a) the fact of the cancellation;

  • (b) the date of the cancellation; and

  • (c) the name of the party requiring the cancellation.

• (6) Upon the cancellation of the registration of any debenture, the debenture becomes and remains negotiable as if it had never been registered until such time as the negotiability of the debenture is again effected by a subsequent registration.

• (7) The secretary may require such proof as to the title and the identity of a person requiring the registration or cancellation of registration of a debenture as he deems necessary.

• 9 (1) The Commission shall not deal with any of its members and no member or officer of the Commission or person employed by or in the service of the Commission shall be concerned directly or indirectly in any contract that may be entered into relating to any work carried on by the Commission.

• (2) All transactions of the Commission shall, subject to the approval of the commissioners, be conducted by and through the secretary or any officer so authorized.

10 The officers and employees of the Commission consist of

• (a) the secretary;

• (b) the harbour master; and

• (c) such other officers, clerks and servants as may from time to time be appointed by the commissioners.

11 The duties of the secretary, the harbour master and all other officers of the Commission shall be duly performed by them subject to such particular directions and instructions as the commissioners may from time to time give or cause to be given.

12 No person shall hinder, oppose, molest or obstruct the secretary, the harbour master or any servant of the commissioners in the discharge of his duty, or aid, abet, encourage, prompt or order any person to do so.

13 Any person acting in connection with any matter or thing within the control or jurisdiction of the commissioners under permission in writing from any officer or other person authorized to grant such permission shall, when requested by the secretary, the harbour master or any other officer of the commissioners, exhibit such written permission.

• 14 (1) Each commissioner shall file with the secretary a signed statement containing the address to which any official communication may be sent.

• (2) Where it is necessary under these By-laws to send a notice or other communication of official nature to any commissioner, the notice or other communication shall be sent through the mail by double registration to the commissioner to the address filed with the secretary, and an acknowledgement card shall be retained as part of the official records.

• (3) Failure to obtain the acknowledgement card referred to in subsection (2) within 10 days of the date the notice or other communication is sent through the mail shall be deemed proof that such notice or other official communication has not been delivered.

• 15 (1) Except with the unanimous consent of all the commissioners, at a meeting at which all the commissioners are present, no change in the by-laws shall be made unless a notice of motion in writing has been made available to each commissioner at least one day in advance of the meeting at which the change of by-law is offered for final consideration.

• (2) Any change in the by-laws of the Commission without the notice of motion required by subsection (1) shall

  • (a) be entered in the Minute Book; and

  • (b) be attested to in the Minute Book by the signature of all the commissioners present at the meeting when the change in the by-laws was made.

16 The conduct of all meetings of the commissioners and of the business arising therefrom shall, unless otherwise indicated in these By-laws, be governed by the general procedure laid down in the publication written by Arthur Beauchesne entitled “Rules and Forms of the House of Commons of Canada”.

17 Any commissioner or officer of the commissioners shall have full access to and from the water of the harbour over any wharf, pier or other structure, or over any water lot or any part of the shore or foreshore.

18 No person shall, without the consent of the commissioners, encroach, enter upon, take possession of or use any part or portion of the harbour or any part or portion of the immovable property owned or controlled by the commissioners within the harbour.

19 No person shall use as a thoroughfare the wharves, piers or any other portion of the harbour property.

• 20 (1) The commissioners may in writing allot, let or lease space on any portion of the wharves, piers or vacant land under their control for such period and at such rates as may from time to time be determined by the commissioners.

• (2) The commissioners may permit the erection on any property allotted, let or leased pursuant to subsection (1) of a temporary building and plant.

• (3) Upon the expiration of the period referred to in subsection (1), the person to whom the space has been allotted, let or leased shall forthwith clear such space of all buildings, goods and materials of every kind.

• (4) The holder of any lease or allotment from the commissioners shall not assign, sublet or part with possession of the land or any part of the land, wharf, building or structure held under such lease or allotment without the written consent of the commissioners.

21 The commissioners may load, unload or handle cargo at any wharf under their control at the rates prevailing for such services at the Oshawa Harbour at the time such services are rendered, and may also let or rent freight-handling equipment owned by them at rates to be determined from time to time by the commissioners.

22 Any vessel that is loading or discharging cargo in the harbour shall have a sufficient canvas or tarpaulin or other protection so placed as to prevent any portion of the cargo from falling into the harbour.

• 23 (1) No person shall drive an automobile or other vehicle on a wharf or a ramp leading to a wharf at a speed greater than eight kilometres per hour.

• (2) Any vehicle going to or from a vessel in the harbour shall take the entrance or ramp nearest to the vessel.

• 24 (1) No person shall permit a vehicle under his control to stand on a wharf in the harbour in such a manner as to obstruct the passage to or from the wharf or to or from any vessel arriving at, lying at or departing from the wharf.

• (2) No person shall obstruct, importune or annoy any person landing from or embarking on board any vessel in the harbour.

• (3) The commissioners may, from time to time, pass regulations regarding the parking of automobiles or other vehicles on property under their jurisdiction.

• (4) Any person who fails to comply with a regulation passed pursuant to subsection (3) is guilty of a breach of these By-laws.

• 25 (1) A person who is in charge of a vehicle that is on a wharf in the harbour shall remain in attendance at the vehicle during the entire period of loading or unloading on the wharf.

• (2) A person in charge of a vehicle shall not leave the vehicle unattended while the vehicle remains on a wharf in the harbour.

• 26 (1) Subject to subsection (2), cattle and live animals, other than horses working on the wharf, shall not be allowed on a wharf in the harbour.

• (2) Cattle and live animals may

  • (a) while being conveyed to or from the harbour by water, and

  • (b) when under the charge of a competent driver,

  remain on a wharf in the harbour for a period not exceeding three hours.

27 Goods landed on a wharf or in a shed within the harbour

• (a) in a damaged condition, and

• (b) in a condition that the harbour master considers dangerous to health,

shall be removed by the owner, consignee or agent of the vessel from which such goods were landed within a period of 24 hours after notice requiring such removal has been given in writing to such persons by the harbour master.

28 Except for the purpose of loading or unloading goods conveyed to or from the harbour by water, no railway car, carriage or truck shall be brought upon a wharf, pier or any other property of the commissioners within the harbour, without special permission from the commissioners.

29 Rails laid on a wharf or pier in the harbour for the purpose of operating thereon a freight car shall be placed or laid in such a manner as to allow a space of at least 1.22 metre between the side of the freight or flat car and the edge of the wharf or pier.

• 30 (1) No person shall, in the harbour, without the express permission in writing of the harbour master and in accordance with such rules and restrictions as the commissioners may appoint, erect, place, own, have in his possession, use, lease or in any way control any shed, shanty, boat-house or movable or other building of any kind or nature whatever.

• (2) No person shall construct or place any pier, building or other structure of any nature whatever in the harbour, unless

  • (a) the plans and specifications of the proposed construction have been filed with the commissioners;

  • (b) the commissioners have recommended to the Minister of Transport approval of those plans; and

  • (c) the Minister of Transport has approved the plans.

• (3) No person shall have or exercise any franchise, right or privilege in, over or under the harbour for the construction or operation of any street or incline railways, whether surface, elevated or underground, or for the establishment of telephonic, telegraphic, pneumatic or traction systems, or for other like purposes, or for the placing, whether permanently or temporarily or maintenance of drains, poles, wires, bridges, trestles, viaducts, cables, pipes, conduits or such like apparatus or dolphins, pile clusters, single piles, buoys, mooring places, markers or anything afloat or affixed or attached to the shore or bed of the harbour, unless the consent of the commissioners thereto in writing has been first obtained.

• 31 (1) No person shall, in the harbour,

  • (a) encumber the water or shore;

  • (b) endanger or unduly obstruct navigation;

  • (c) drain, discharge or deposit in the water or on the shore any object that might

    • (i) damage vessels or property,

    • (ii) cause a nuisance, or

    • (iii) endanger persons or property; or

  • (d) allow anything in his possession or control to do an act referred to in paragraph (a), (b) or (c).

• (2) Whenever anything mentioned in subsection (1) is done on, from or by means of a vessel, the person in charge and the owner of the vessel shall, in addition to any person doing the thing, be deemed to have done that thing.

• (3) Where an inflammable or dangerous substance is drained, discharged or deposited in the harbour from any work, land or premises, the person in charge and the owner of the work, land or premises shall, in addition to any person committing that act, be deemed to have committed that act.

• (4) Any person in charge of a vessel who knows that a violation of subsection (1) has been committed by a person on board the vessel shall, as soon as possible, report the violation to the harbour master.

32 No vessel shall, in the harbour,

• (a) encumber the channels or the berths at the wharves;

• (b) obstruct or impede the navigation or safe docking or undocking of other vessels; or

• (c) navigate in a manner that is dangerous to persons or property.

33 No person shall light any fire on any part of the foreshore within the limits of the harbour without the permission of the harbour master.

34 No person shall in the harbour burn or permit to be burned any sawdust or refuse of any kind whatever in the open air.

• 35 (1) The placing of lights on any pier, wharf, dock or at any place within the headline defined by the commissioners shall be subject to the direction and approval of the commissioners.

• (2) The commissioners may order the removal from any pier, wharf, dock or any place within the headline defined by the commissioners of any light so placed as to mislead navigators and render navigation difficult.

• 36 (1) If any property in the harbour, including piles, pile clusters, dolphins, scow moorings or any mark, buoy or object owned or under the jurisdiction of the commissioners is removed, carried away, damaged or destroyed by any person or by any vessel or vehicle, the damage or loss shall forthwith be reported to the harbour master by the person who caused such damage or loss or by the agent, owner, consignee, master or person in charge of the vessel or vehicle.

• (2) Where any loss or damage occurs in the manner referred to in subsection (1), the person, or in the case of a vessel or vehicle, the agent, owner, consignee, master or person in charge of the vessel or vehicle, responsible for the damage or loss shall forthwith compensate the commissioners in the amount of the loss or damage.

37 No person, except by the written authority of the commissioners, shall cut away any tree or shrub or remove any sand or stones on the shore, between high and low water marks, within the limits of the harbour.

38 No hawser or rope shall be run or fastened across any part of the harbour except for the express purpose of hauling a vessel in or out immediately, or for the purpose of hauling a vessel off ground, in which case the hawser or rope shall be slackened to give a free and uninterrupted passage to any other vessel that requires to pass.

• 39 (1) Every person finding any boat, boom, scow or other articles adrift within the limits of the harbour shall, as soon as possible, give notice thereof to the harbour master.

• (2) The harbour master shall take whatever lawful action he may deem expedient in relation to any article adrift as described in subsection (1).

• 40 (1) No vessel shall be left, abandoned, set fire to, burned or broken up in the harbour without the consent of the commissioners, signified in writing under the hand of the secretary.

• (2) The harbour master shall obtain and enter in a register the name and address of any vessel that he suspects is left or abandoned in the harbour and the name and address of the person last in charge of the vessel.

• (3) The commissioners may have any vessel that has been left or abandoned in the harbour removed at the owner’s expense.

41 No person shall, without the consent of the commissioners, discharge firearms or let off rockets or fireworks of any kind or description in or about the harbour.

42 No goods, wares or merchandise of any kind shall be sold or offered for sale upon harbour property without the consent of the commissioners.

43 No placards or bills or advertisements of any kind shall, except with the written consent of the commissioners, be placed on any of the walls, fences, wharves, poles, posts or buildings owned or controlled by the commissioners and no disfigurement shall be caused to such property.

44 The commissioners may forbid or fix a specific place and time for any yacht or boat race or other aquatic sport to take place in the harbour.

PART IINavigation and Movement

• 45 (1) The commissioners may appoint such constable and other officers as are required for the regulation and control of navigation and all works and operations in the harbour.

• (2) Any person appointed by the commissioners pursuant to subsection (1) shall have power to enforce the provisions of the Act and any by-laws or regulations passed pursuant thereto.

• 46 (1) A vessel that has not been assigned a berth in the harbour shall, on entering the harbour, anchor temporarily in a safe place unless the vessel

  • (a) is navigating through the harbour without stopping; or

  • (b) is proceeding directly to a private wharf.

• (2) The person in charge of a vessel that anchors temporarily in a safe place as required under subsection (1) shall forthwith report to the harbour master.

• 47 (1) A vessel may proceed directly to a private wharf where the owner of the private wharf so consents, whereupon the person in charge of the vessel shall forthwith report to the harbour master.

• (2) The harbour master shall not assign a berth at a privately owned wharf or pier except with the permission or request in writing of the owner of the wharf or pier.

• 48 (1) The harbour master may direct

  • (a) the position a vessel or floating property shall occupy in the harbour; and

  • (b) the place where, the manner in which and the time when the vessel or floating property shall be moored, loaded or unloaded.

• (2) A vessel shall proceed or a floating property shall be taken to the position assigned thereto by a harbour master pursuant to subsection (1) immediately after such assignment unless the harbour master otherwise directs.

• 49 (1) The harbour master may order the removal, within a time fixed by him, of any vessel or any floating property from any location to any other location in the harbour or the alteration of its position in any manner he deems advisable.

• (2) Where the person in charge of a vessel or property in respect of which an order has been made under subsection (1) fails, within the time fixed by the harbour master to obey such order, the harbour master may cause the vessel or property to be removed at the expense of the owner.

• 50 (1) A vessel lying in the harbour shall be moored and fastened to the satisfaction of the harbour master.

• (2) A vessel lying in the harbour otherwise than at a privately-owned dock, pier or wharf shall be subject to the direction of the harbour master in regard to its position and removal.

51 In the event of refusal or neglect by any person on board a vessel to obey an order of the harbour master respecting the removal of the vessel, the harbour master may

• (a) take possession of and remove the vessel;

• (b) use any reasonable means and force for the purpose set out in paragraph (a);

• (c) put a person in charge of the vessel; and

• (d) moor, anchor or make fast the vessel at the expense of the vessel and its owner at such place as the harbour master thinks fit.

52 In the event that a vessel that the harbour master has ordered to be removed cannot be so removed due to a shortage of hands, the harbour master shall to the extent possible, upon being so requested by the person in charge of the vessel, assist such person to obtain people to assist in the removal of the vessel.

53 The owner, master or person in charge of a vessel arriving in the harbour shall, upon the vessel’s arrival in the harbour, deliver to the harbour master a true and correct report in such form as may be required by the commissioners, signed and certified by the person who makes the report, setting out with respect to the vessel the following information:

• (a) the name;

• (b) the official number;

• (c) the port of registry;

• (d) the gross and net tonnage;

• (e) the name of its master and owner or agent;

• (f) a manifest of its cargo;

• (g) the number of passengers carried inwards;

• (h) the day and hour of its arrival;

• (i) its draught of water; and

• (j) the berth occupied.

• 54 (1) No vessel shall leave the harbour unless

  • (a) the owner, master or person in charge of the vessel has delivered to the harbour master a true and correct report of the vessel’s outward cargo signed and certified by the person who makes the report in such form as may be prescribed by the commissioners; and

  • (b) all dues payable in respect of the vessel and its cargo and all penalties, costs and charges incurred in respect of the vessel or by the master or person in charge of the vessel have been fully paid.

• (2) The commissioners may, in the event of default by a vessel or the owner, master or person in charge of the vessel to comply with subsection (1), cause the vessel or its cargo to be seized and detained.

• (3) The owner, master or person in charge of any vessel about to take in tow logs, shingle bolts, lumber, piles, poles, rafts, log booms or any scow, barge or hull, shall deliver to the harbour master a true and correct report, in such form as may be required by the commissioners, of the goods thus deemed to be in his charge before the departure of the vessel from the harbour, and the name and address of the owner, shipper or consignee of the goods.

• 55 (1) A vessel that is being towed and that is lashed alongside the towing vessel shall, in the event that the view from the wheelhouse of the towing vessel is obstructed by the tow, carry a lookout man on its outboard side.

• (2) No vessel shall tow any other vessel, raft or goods in any part of the harbour unless the towing vessel has sufficient power to maintain complete control of such other vessel, raft or goods.

• (3) No vessel with anything in tow within the limits of the harbour shall moor in such position that the object towed remains lying wholly or in part under a bridge.

• 56 (1) Outbound tugs with scows in tow using deep sea gear shall not pay out their deep sea gear within the limits of the harbour.

• (2) Inbound tugs with scows in tow using deep sea gear shall close couple before entering the harbour.

57 No vessel operated commercially as a tug or towboat shall be used to perform any work within the limits of the harbour unless the crew of such vessel consists of at least two men.

• 58 (1) No vessel shall move in the harbour at such a rate of speed as to cause damage or inconvenience to other craft, tows, wharves, structures or any work being carried on by the commissioners or any other person in the harbour.

• (2) A vessel, when passing a dredge, pile driver, working tug, small craft or public work in the harbour, shall reduce speed sufficiently to prevent damage or injury by bow-wave or wash to the craft or work and to any person employed on or in connection with the craft or work.

59 No vessel shall navigate within 1,000 feet of the shore in the harbour at a speed exceeding eight miles per hour.

60 No vessel shall anchor in the harbour in such a place or position as to prevent a free and unobstructed passage for all vessels to and from the harbour and from any wharf or bridge in the harbour.

• 61 (1) A person desiring to place or requiring the use of a buoy for the purpose of mooring a vessel in the harbour shall make an application therefor to the commissioners.

• (2) The commissioners may provide and place a buoy in the harbour.

• (3) A toll shall be levied for the use of a buoy in an amount as determined by by-law.

• 62 (1) Subject to subsection (2), no vessel may make fast to a vessel that is moored to a buoy.

• (2) A scow may be made fast alongside a scow that is moored to a buoy.

63 A vessel lying at a wharf or pier in the harbour shall not have an anchor out except for the purpose of immediately hauling in or out.

64 A vessel lying at a wharf in the harbour shall, from sunset to sunrise, exhibit a white light at each end of the vessel.

• 65 (1) The shore fastenings of a vessel within the harbour shall be attached to

  • (a) the rings placed on the outer edge of a wharf; or

  • (b) the mooring posts.

• (2) The shore fastenings referred to in subsection (1) shall not, except for the purpose of attaching to fastenings especially provided for the purpose, in any manner cross or traverse the wharves in order to be attached to any lamp-post or any matter or thing on the wharves.

66 No master or other person in charge of a vessel in the harbour, to which any other vessel is made fast by any rope, hawser or chain, shall cut or cast off such rope, hawser or chain, or cause or permit the rope, hawser or chain to be cut or cast off, without giving ample and distinct notice of the intention to do so to the master or person in charge of the vessel so made fast.

67 The master or person in charge of a vessel in the harbour shall not make the vessel fast or attach the vessel to any bridge, crane, shed, pile, stair rails, dredge or other craft belonging to the commissioners, mooring or rope lying across the fairway or across any stairs or steps.

• 68 (1) A vessel at a wharf or landing place in the harbour shall provide, for the use of persons going to and from the vessel, a good and sufficient gangway.

• (2) A good and sufficient net or save-all shall be placed beneath the gangway referred to in subsection (1) to prevent persons from falling into the water.

• (3) A light shall be placed on the vessel near the gangway between the hours of sunset and sunrise in such a manner that the gangway may be clearly seen from the wharf and from the vessel.

• (4) For the purpose of this section, “vessel” does not include yacht, launch, boat or house-boat used solely for private purposes.

• 69 (1) Every hawser or rope by which a vessel is made fast to the wharf or shore shall, if required by the commissioners, be equipped with at least one metal disc of a size and pattern approved by the harbour master.

• (2) Every disc referred to in subsection (1) shall, if not affixed to the hawser or rope to the satisfaction of the harbour master, be removed to a position on the hawser or rope as designated by the harbour master.

• 70 (1) Except during such time as they are in use, all openings in a ship’s side shall be closed and all cargo skids shall be unrigged.

• (2) Where any matter referred to in subsection (1) is in use between the hours of sunset and sunrise, it shall be properly lighted.

• 71 (1) A vessel lying in the harbour next to the stream shall, when required by the harbour master, permit a vessel to move alongside of it and make fast to it.

• (2) When two or more vessels are lying at the same wharf, one vessel outside the other, and the outside vessel does not have a gangway of its own extending to the wharf, the vessel lying nearest to the wharf shall allow a free and unencumbered passage over its decks to the vessel lying outside it for the purpose of loading or unloading the outside vessel and for ordinary communication to the shore from the outside vessel.

• 72 (1) A watch consisting of one or more competent persons shall be kept and maintained from sunset to sunrise on a vessel in the harbour.

• (2) The watch referred to in subsection (1) shall, forthwith upon perceiving any danger, accident, disturbance or fire on the vessel or on any vessel in the harbour, give the alarm.

• (3) Failure of the watch on any vessel to respond to the call, hail or inquiry of any officer of the commissioners or the police shall be a violation of this section.

73 Every vessel, while lying in the harbour, shall be equipped with efficient and sufficient fire-extinguishing apparatus, to the satisfaction of the harbour master, so disposed and arranged as to be at all times ready for instant use in case of fire in any part of the vessel.

• 74 (1) In the event of fire occurring at a dock at which a vessel is moored or on board a vessel, other than a vessel that is under way, the vessel shall give five blasts of from four to six seconds duration with its whistle or siren as an alarm to indicate the fire.

• (2) The signal referred to in subsection (1) shall be repeated at intervals and shall be used in addition to, but not in substitution for, other means of reporting a fire.

• (3) The signal referred to in subsection (1) shall not be used for any purpose other than the purpose specified in this section.

75 A vessel loaded or partly loaded, either on deck or below deck, with hay, straw or other inflammable materials, shall keep such material covered with good and sufficient tarpaulins during the time that it is not being handled in the process of loading or unloading and no naked lights shall be used near such materials.

76 No fire shall be used on any vessel in the harbour except in suitable containers and under watch.

77 The master or person in charge of a vessel shall remove or cover every chute used for the discharge of ashes, galley or other refuse to prevent the use of the chute while in the harbour.

78 The owner, master or person in charge of every vessel involved in an accident causing death of or injury to persons or loss or destruction of or damage to property, or collision, or grounding in the harbour, shall deliver immediately to the harbour master a written report giving full details of such accident, collision or grounding.

79 Except as permitted by the harbour master, no floating property shall be left unattended in a harbour.

80 No gill net shall be cast or allowed to drift in the navigable channel of the harbour.

PART IIIDangerous Goods and Explosives

81 In this Part, “dangerous goods” means dangerous goods within the meaning of the Dangerous Goods Shipping Regulations and includes explosives.

82 No vessel that has dangerous goods on board shall moor or anchor in the harbour except at a place set aside for the purpose by the commissioners.

83 Except as permitted by the harbour master, no person shall handle dangerous goods in the harbour.

84 The person in charge of a vessel that has dangerous goods on board shall, before or immediately upon arriving in the harbour, report in writing to the harbour master the kind, quantity and destination of such dangerous goods.

85 A vessel in the harbour that has dangerous goods on board shall be ready at all times to get under way under its own power or have a tug suitable for the purpose standing by.

86 Every vessel entering the harbour with dangerous goods for unloading therein shall unload them as quickly as possible.

• 87 (1) Every vessel in the harbour upon which dangerous goods are to be loaded for transmission out of the harbour shall be loaded as quickly as possible and shall depart from the harbour as quickly as possible.

• (2) Where a vessel described in subsection (1) is delayed in loading or departing, the person in charge of the vessel shall report immediately to the harbour master the reason for and probable duration of the delay.

88 No dangerous goods shall be loaded on or unloaded from a vessel in the harbour except under the supervision and continuous presence of an officer of the vessel.

89 No person shall handle dangerous goods in the harbour unless such person is competent to handle such goods and is under the supervision and continuous presence of a person who is competent to direct the operation.

90 No vessel that is loading, unloading or has on board dangerous goods in the harbour shall engage in any operation that might cause explosion or fire or in any other manner endanger persons or property.

• 91 (1) No person shall place dangerous goods intended for shipment by vessel anywhere in the harbour until the vessel is ready to take them on board.

• (2) Where dangerous goods are brought into the harbour, notice thereof shall be given to the harbour master.

• 92 (1) The owner or person in charge of a vessel from which dangerous goods are unloaded in the harbour shall see that the goods are removed from the harbour as quickly as possible.

• (2) Where there is any delay in removing from the harbour dangerous goods unloaded from a vessel, the person responsible for effecting the removal shall report immediately to the harbour master the reason for and probable duration of the delay.

93 The harbour master may, at the risk and expense of the person in control of dangerous goods that have been brought into the harbour otherwise than in conformity with section 91 or have not been removed in accordance with section 92, remove, destroy or otherwise dispose of such dangerous goods.

• 94 (1) A person who has the control of dangerous goods in the harbour shall have them constantly guarded.

• (2) Where in the opinion of the harbour master dangerous goods in the harbour are not adequately guarded, he may, at the risk and expense of the person who has the control of such goods, have such goods guarded.

95 A person who handles dangerous goods in the harbour shall segregate them as to kind and so segregate them from other goods as to minimize danger to life and property.

96 No person shall leave dangerous goods in the open in the harbour unless they are completely covered with tarpaulins or other suitable materials and marked with warning signs that are visible from all directions.

• 97 (1) A person in control of defective or damaged dangerous goods or of dangerous goods that have escaped or spilt from their containers shall immediately render them harmless.

• (2) Where a person in control of dangerous goods described in subsection (1) fails to render them harmless, the harbour master may, at the risk and expense of that person, remove, destroy or otherwise dispose of such dangerous goods.

98 Every person who has dangerous goods handled in the harbour shall supply safe and sufficient equipment to do so and see that such equipment is maintained and used in a manner that will conduce to safety.

99 No person shall light or maintain a fire that might cause dangerous goods in the harbour to explode or ignite.

100 A person who has dangerous goods handled in the harbour shall provide adequate fire-extinguishing equipment and shall have that equipment ready for use when such goods are handled.

101 No person, when in or upon any place containing dangerous goods in the harbour, shall smoke or have in his possession any lighted match or other lighted fire-producing device.

102 Every vessel in the harbour that is loading, unloading or has on board dangerous goods shall display “No Smoking” signs in prominent positions.

103 No person shall, in the harbour, be present at any place containing dangerous goods or on any vessel loading, unloading or that has on board dangerous goods except a person having business at such place or with anyone on the vessel.

104 No person in the harbour shall handle dangerous goods roughly or carelessly or while under the influence of intoxicants, or do or omit to do anything that might damage the dangerous goods or cause explosion or fire in the harbour or in any other manner endanger persons or property.

105 The harbour master may, in addition to the requirements of these By-laws, give such orders and directions respecting the handling of dangerous goods and the precautions to be taken in the vicinity thereof as he deems expedient in the interests of safety.

106 No vessel that has explosives on board shall navigate in the harbour unless there is a clear visibility of at least one mile.

107 Every vessel anchored, moored or made fast that has on board explosives in the harbour shall display

• (a) from sunrise to sunset, flag “B” of the International Code of Signals, and

• (b) from sunset to sunrise, a red light visible from all directions.

108 No vessel shall move at a speed exceeding five knots when passing any vessel that is moored or anchored and displaying a signal mentioned in section 107.

109 Every vessel that has explosives on board in the harbour shall have at all times a sufficient crew to navigate the vessel.

• 110 (1) A watch shall be maintained at all times on every vessel that has explosives on board in the harbour.

• (2) Where any danger, accident, disturbance or fire occurs in or near a vessel that has explosives on board, the watch mentioned in subsection (1) shall notify the harbour master.

111 Every vessel that has explosives on board shall, when it is moored or anchored in the harbour, have at its bow and stern a suitable tow-line of steel wire that is securely fastened on deck by one end and hanging over the off-shore side of the vessel so that the other end, which shall be equipped with an eye, is suspended at a point not more than one metre from the water’s surface.

112 The hatches of a vessel in the harbour that has explosives on board shall be kept closed and covered with tarpaulins securely battened when they are not in use.

113 Any lighter, barge, scow or other such vessel that has explosives on board in the harbour shall not be moved except by a tug, and such tug shall remain alongside such vessel as long as there are explosives on board.

114 No vessel whose sole or partial means of propulsion is a gasoline engine shall have explosives on board in the harbour.

• 115 (1) No person shall use an artificial light in the harbour where explosives are being handled at a distance from the explosives that is likely to be dangerous.

• (2) Nothing in subsection (1) shall be deemed to prohibit the use of flashlights of a non-spark type or of electric lights that are in good condition, adequately protected by metal guards against breakage and the wires of which are sound.

• 116 (1) No person in or upon a place containing explosives in the harbour shall have in his possession any match or other fire-producing device or have in his possession any article or substance that is likely to cause explosion or fire.

• (2) The harbour master may search any person in or upon a place containing explosives to see if he has anything mentioned in subsection (1) and may take possession of any such thing and keep it until the person from whom he took it has left the place.

PART IVRates, Terms and Conditions

117 The rates set out in the schedule are hereby imposed upon vessels and goods for the services specified in the schedule, but are not payable with respect to any vessel that is owned by the Government of Canada, a province or any foreign country when the vessel of that country is not engaged in trade.

118 Where, in the opinion of the wharfinger, goods are not packed in packages suitable to withstand handling in transportation, the wharfinger may

• (a) reject the goods from shipment, or

• (b) have the goods repacked at the expense of the shipper.

• 119 (1) No charge shall be assessed on coal or oils taken aboard a vessel as fuel for the vessel’s own use.

• (2) No charge shall be assessed on stores or supplies taken on board a vessel for the vessel’s own use.

• 120 (1) Goods unloaded from a vessel at a wharf and not removed from the wharf may be reshipped from that wharf without being subject to additional wharfage in respect of the reshipment.

• (2) Goods unloaded from a vessel at a wharf and removed from the wharf in one direct movement to another wharf within the harbour for the purpose of reshipment on vessels engaged in the coasting trade of Canada are not subject to additional wharfage in respect of the removal or reshipment.

• 121 (1) Wharfage is due and payable to the Commission at its head office in Oshawa as soon as goods are landed.

• (2) Berthage is due and payable to the Commission at its office in Oshawa when payment thereof is requested by the Commission.

122 The owner, shipper, consignee or agent of the cargo referred to in section 121 shall deliver to the commissioners forthwith in respect of such cargo such statements as may be required by the commissioners specifying the character and quantity of each kind of cargo, received or loaded and the owner, shipper, consignee or agent shall be severally responsible for the payment of all cargo rates payable in respect of such cargo.

• 123 (1) The commissioners may, upon written application being made to them by the persons responsible for payment of the cargo rates referred to in this Part to be placed on the credit list, release the owner, shipper, consignee or agent from the requirement of delivering statements and paying rates in the manner provided in this Part.

• (2) In the event the application referred to in subsection (1) is approved, the commissioners may require

  • (a) a deposit by the applicant to cover the probable amount of cargo rates payable in any one month;

  • (b) delivery to the commissioners on or before the 10th day of each month of a statement specifying the character and quantity of each kind of cargo received or shipped by the applicant during the preceding month; and

  • (c) payment by the applicant of the cargo rates in respect of the cargo referred to in paragraph (b).

• (3) Failure of the applicant to deliver the statement or pay the rates as required in subsection (2) shall constitute sufficient cause for the commissioners to revoke the release referred to in this section.

• (4) Upon revocation of the release mentioned in subsection (3), any deposit of funds from the applicant remaining to the commissioners shall be applied by the commissioners towards payment of any unpaid cargo rates of the applicant due and owing and the balance of the deposit, if any, shall be returned to the owner, shipper, consignee or agent referred to in subsection (1).

124 Application for refund of overcharges will not be considered by the commissioners unless lodged with the commissioners at their office in Oshawa within one year from the date of filing cargo statements.

125 Any person who knowingly submits a false statement of cargo upon which rates are payable, or avoids payment of such rates, or in any manner attempts to violate the provisions of this section, shall be guilty of a breach of this section.

PART VHarbour Dues

• 126 (1) Harbour dues are payable in respect of every vessel 30 feet and over in length that enters the harbour, at the following rates:

  • (a) on registered vessels, $0.0787 per tonne on the gross registered tonnage; and

  • (b) on unregistered vessels, $0.0449 per tonne on the gross tonnage as determined by the harbour master.

• (2) Harbour dues are payable only in respect of each of the first five entries of a vessel into the harbour in one calendar year.

• (3) Notwithstanding anything in these By-laws, the minimum charge for any vessel in a calendar year is $10, payable the first time it enters the harbour during the year.

• (4) Harbour dues in respect of any vessel are payable to the Oshawa Harbours Commission at its office in Oshawa when the vessel enters the harbour.

• (5) Harbour dues are not payable with respect to any vessel owned by the Government of Canada, a province or any other country when the vessel is not engaged in trade.

PART VIPenalties

• 127 (1) Every person who violates any of the provisions of these By-laws is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 30 days.

• (2) Where a vessel has violated any of the provisions of these By-laws, the master, owner or person in charge of the vessel is liable on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 30 days.

SCHEDULE(Section 117)

	Column I	Column II	Column III
Item	Description	Unit Basis	Rate
1	Coal	tonne	$ 0.4494
2	Fertilizer, in bulk	tonne	0.6405
3	Nepheline syenite (including mine tailings)	tonne	0.6405
4	Petroleum products, in bulk
	(a) gasoline	kilolitre	1.4606
	(b) other	tonne	0.6067
5	Salt, rock	tonne	0.6067
6	Sand, stone, gravel	tonne	0.6405
7	Scrap iron	tonne	0.6405
8	Sugar, raw	tonne	1.18
9	Goods consigned to or received from any port or place in Canada or the United States
	(a) iron and steel products	tonne	1.17
	(b) general cargo not specified in this Part	tonne	2.12
10	All goods not specified in items 1 to 9 of this Part
	(a) with a cubic content of less than 1 cubic metre per tonne	tonne	2.12
	(b) with a cubic content equal to or greater than 1 cubic metre per tonne	cubic metre	1.71
11	Minimum wharfage per shipment or consignment	each	1.93

	Column I	Column II
Item	Description	Rate
1	Berthage on a vessel loading or unloading or engaged in other commercial activity, per metre of vessel length
	(a) up to 30 metres
	(i) per hour or part thereof	$ 0.899
	(ii) maximum per day	0.2697
	(b) over 30 metres but not over 75 metres
	(i) per hour or part thereof	0.1348
	(ii) maximum per day	0.3034
	(c) over 75 metres
	(i) per hour or part thereof	0.1685
	(ii) maximum per day	0.3596
2	Berthage on a vessel, other than a vessel to which Part III of this schedule applies, that is not engaged in loading or unloading or other commercial activity, per day or part thereof, per metre of vessel length	0.2584
3	Notwithstanding the rates specified in items 1 and 2, the minimum berthage charge under this Part, per day is	10.8541

	Column I	Column II
Item	Description of Service and Basis of Charge	Rate (in dollars)
1	Winter berthing from November 1 to April 30, per vessel, per metre of vessel length, for storage on land	45.72
2. (1)	Dedicated summer berthing, including electricity and water, per metre of vessel length, from May 1 to October 31, for:
	(a) vessels with a beam not over 3 m	80.77
	(b) vessels with a beam of over 3 m but not over 3.4 m	81.53
	(c) vessels with a beam of over 3.4 m but not over 3.7 m	82.30
	(d) vessels with a beam of over 3.7 m	83.82
(2)	Transient summer berthing, including electricity and water, for any vessel, per metre of vessel length, from May 1 to October 31:
	(a) monthly rate	21.33
	(b) weekly rate	9.14
	(c) daily rate	1.52
(3)	Dedicated summer berthing, without electricity or water, per metre of vessel length, from May 1 to October 31, for:
	(a) vessels with a beam not over 3 m	77.72
	(b) vessels with a beam of over 3 m but not over 3.4 m	78.49
	(c) vessels with a beam of over 3.4 m but not over 3.7 m	79.25
	(d) vessels with a beam of over 3.7 m	80.77
3	Mooring and drysailing, per metre of vessel length	53.34
4	Summer storage, per metre of vessel length	60.96
5	Miscellaneous services:
	(a) travel-lift haul-out and cradling	10.67
	(b) travel-lift launch	10.67
	(c) blocking	7.62
	(d) bottom wash and scrub
	(i) for vessels not over 9 m in length	35.00
	(ii) for vessels over 9 m but not over 15 m in length	45.00
	(e) de-rigging, removing and securing masts, per metre of mast	4.57
	(f) dressing, replacing and rigging masts, per metre of mast	4.57
	(g) use of mast crane, per hour	40.00
	(h) summer cradle storage, for
	(i) year-round customers	no charge
	(ii) seasonal customers, per cradle	50.00
	(i) hang in slings over weekend, per metre of vessel length	16.76
	(j) pump out (per tank), for
	(i) visitors	8.00
	(ii) resident boaters	4.00
	(iii) towed vessels	18.00
	(k) towing:
	(i) for lifting procedure	25.00
	(ii) for any other procedure:
	— minimum 1 hour	40.00
	— every additional 30 minutes	20.00
6	Live-aboard Program — November 1 to April 30, per vessel, per metre of vessel length, for:
	(a) one person on board	167.64
	(b) two persons on board	182.88
	(c) three persons on board	198.12
	(d) four persons on board	213.36
7	Charter fees for fishing parties, per vessel	100.00

• SOR/78-380, s. 2
• SOR/79-436, s. 2
• SOR/80-268, ss. 2, 3
• SOR/80-796, s. 1
• SOR/81-664, ss. 2 to 4
• SOR/82-634, ss. 2, 3
• SOR/83-348, ss. 2, 3
• SOR/85-760, ss. 2 to 4
• SOR/94-592, s. 1