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Seaway Property Regulations (SOR/2003-105)

Regulations are current to 2024-02-06 and last amended on 2019-08-28. Previous Versions

Seaway Property Regulations

SOR/2003-105

CANADA MARINE ACT

Registration 2003-03-20

Seaway Property Regulations

P.C. 2003-320  2003-03-20

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 98Footnote a of the Canada Marine ActFootnote b, hereby makes the annexed Seaway Property Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Canada Marine Act. (Loi)

allied petroleum product

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

authorization means an authorization given under Part 3. (autorisation)

designated area

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

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

hot work

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

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

petroleum product

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

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

 These Regulations apply in the Seaway and on Seaway property.

Where Regulations Do Not Apply — Canadian Navigable Waters Act

 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.

Binding on Her Majesty

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

PART 1Safety and Order in the Seaway and on Seaway Property

Prohibitions

 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.

  • SOR/2014-102, ss. 1, 21(F)

 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

 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.

  • SOR/2014-102, s. 2

Signs and Devices

  •  (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.

  • SOR/2014-102, s. 2
  •  (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.

  • SOR/2014-102, s. 3

Operation of Vehicles

 [Repealed, SOR/2014-102, s. 4]

 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.

  • SOR/2014-102, s. 6

 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.

 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.

  • SOR/2014-102, s. 7(F)

 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.

  • SOR/2014-102, s. 8

 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.

  • SOR/2014-102, s. 8

Removal — Property or Waters

  •  (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.

  • SOR/2014-102, ss. 9, 21(F)

Fire Protection

 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

 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.

  • SOR/2014-102, s. 10(F)

Emergencies

 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.

 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.

  • SOR/2014-102, s. 11

Accidents and Incidents

 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

 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.

  • SOR/2014-102, s. 12

PART 2Activities of the Manager

General

 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

 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.

Assessments and Reports

  •  (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.

  • SOR/2014-102, s. 13(F)

PART 3Authorizations and Instructions for Activities in the Seaway or on Seaway Property

Activities under Contracts, Leases and Licences

 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.

 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.

[28 and 29 reserved]

Authorizations to Persons

  •  (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.

  • SOR/2014-102, s. 14
 

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