Public Ports and Public Port Facilities Regulations (SOR/2001-154)

Cargo Operations

• 41 (1) 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 must ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

  • (a) the loading, unloading or transfer operations are conducted with dispatch; and

  • (b) 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.

• (2) If the loading, unloading or transfer operations of the ship, or the movement of its cargo, are not conducted with dispatch, a port official may instruct the owner or the person in charge of the ship

  • (a) 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

  • (b) to move the cargo from the immediate vicinity of the berth or anchorage.

• (3) 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 official, the owner or person in charge of the waiting ship must ensure that, regardless of whether working around the clock is necessary or overtime charges are incurred,

  • (a) the loading, unloading or transfer operations of the waiting ship are conducted with dispatch; and

  • (b) the cargo of the waiting ship is moved with dispatch from the immediate vicinity of the berth or anchorage.

Crewing

• 42 (1) The owner or the person in charge of a ship berthed, moored or anchored in a public port or at a public port facility must ensure that

  • (a) a port official 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 port official if it is necessary to move it for the safety of persons or property in the public port or at the public port facility or the management of the port or facility; and

  • (b) subject to subsection (2), the ship is kept in a state of readiness so that it can be moved quickly.

• (2) Paragraph (1)(b) does not apply to a ship in respect of which an authorization to lay-up in the public port or at the public port facility has been obtained.

Removal

• 43 (1) For purposes of management, control and use of a public port, a port official may order the removal, within a reasonable time fixed by the port official, of any ship from an area to another area of the public port or the alteration of its position if that ship interferes with navigation.

• (2) If the person in charge of the ship fails to remove the ship or alter its position within the reasonable time, the port official may have the ship removed or its position altered at the expense of the person.

Arrangements for Towing

44 The owner or the person in charge of a ship that is berthed, moored or anchored in a public port or at a public port facility must 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 within the public port or at the public port facility.