GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Historic Canals Regulations — Historic Canals Regulations
traffic control device means a sign, signal, marker or other device that regulates, warns or guides vessels, vehicles or pedestrians; ( dispositif de réglementation de la circulation )
Historic Canals Regulations — Historic Canals Regulations
vessel means an amphibious craft, boat, canoe, air cushion vehicle, raft, ship, or other type of floating craft, and includes an aircraft while on the water, except when landing or taking off; ( bâtiment )
Historic Canals Regulations — (a)
waste means an organic or inorganic waste material, but does not include (a) liquid that is free of solids and is derived from water used on a pleasure craft for household purposes, or (b) engine-cooling water and bilge water; ( déchets )
Historic Canals Regulations — Historic Canals Regulations
wintering means the continuous occupation by a vessel during the non-navigation season of an area in a historic canal designated for that purpose. ( hivernage )
Historic Canals Regulations — 3
3 Except as otherwise provided in Part V, these Regulations apply in respect of all historic canals and any person, goods, vehicle or vessel in the historic canals.
Historic Canals Regulations — 4
4 (1) The superintendent shall, before issuing a permit under these Regulations authorizing the applicant to engage in an activity, and in order to determine the terms and conditions specified in a permit, take into account the effects of the activity on (a) cultural resources, natural resources, structures, equipment and objects in the historic canal; (b) the safe navigation of vessels and the safe operation of locks, dams and bridges in the historic canal; (c) the safety of persons in the historic canal; (d) wildlife and the eggs and habitat of wildlife in the historic canal; and (e) the historic character of the historic canal. (2) The superintendent may (a) post, in a historic canal, signs that are necessary to (i) protect cultural resources, natural resources, structures, equipment and objects, (ii) ensure the safe navigation of vessels and the safe operation of locks, dams and bridges, (iii) ensure the safety of persons, and (iv) protect wildlife or the eggs or habitat of wildlife; (b) close, restrict or open to public use any area in a historic canal for the purposes of (i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges, (ii) maintaining the historic canal, (iii) holding events or activities referred to in subsection 16(1), (iv) protecting cultural resources, natural resources, structures, equipment and objects, (v) ensuring the safety of persons, and (vi) protecting wildlife or the eggs or habitat of wildlife; (c) restrict or schedule any activity in a historic canal for the purposes of (i) ensuring the safe navigation of vessels and the safe operation of locks, dams and bridges, (ii) protecting cultural resources, natural resources, structures, equipment and objects, (iii) ensuring the safety of persons, and (iv) protecting wildlife or the eggs or habitat of wildlife; (d) give notice of the closing, restricting, opening or scheduling referred to in paragraph (b) or (c) by (i) posting signs in the historic canal, or (ii) using such other means as are likely to bring notice of the closing, restricting, opening or scheduling to the attention of persons affected by it; and (e) place, maintain, alter or remove traffic control devices in a historic canal. SOR/2002-191, s. 5(E); SOR/2015-134, s. 2(E)
Historic Canals Regulations — 5
5 A peace officer may arrest without warrant any person found committing an act in contravention of these Regulations.
Historic Canals Regulations — 6
6 (1) Every person to whom a permit is issued under these Regulations shall (a) where the permit is issued authorizing the person or a vessel in the charge of the person to engage in an activity, ensure that the permit is carried (i) on the person while the person is engaged in the activity, where the permit is issued under subsection 11(2), 14(2), 15(2), 16(2), 19(2), 22(2), 44(2) or 45(2), or (ii) on board while the person or the vessel is engaged in the activity, where the permit is issued under subsection 13(2), 17(2), 39(2), 40(5), 42(2) or 43(2); (b) produce the permit at the request of the superintendent or an employee; (c) comply with the terms and conditions specified in the permit; and (d) notify the superintendent of any corrections to information provided in an application to obtain the permit as soon as possible after learning of them. (2) No permit is transferable to any other person or vessel. (3) The superintendent may cancel a permit where (a) the purpose for which the permit was issued no longer applies; or (b) the person to whom the permit is issued (i) contravenes or fails to comply with the terms and conditions of the permit or these Regulations, or (ii) provides incorrect, false or misleading information to the superintendent in an application to obtain the permit. (4) The superintendent may amend a permit at no cost to the applicant. SOR/2002-191, s. 5(E)
Historic Canals Regulations — 6.1
6.1 (1) If the superintendent cancels a permit, the superintendent shall, as soon as feasible after making the decision, provide written notice of the cancellation, including reasons, to the permit holder. (2) Any person whose permit has been cancelled may submit a written request for a review of that decision to the Chief Executive Officer of the Parks Canada Agency within 30 days after the date of the notice. (3) The Chief Executive Officer shall, within 30 days after the day on which the request is received, complete the review and provide written notice of the decision, including reasons, to the person who requested it. SOR/2015-134, s. 3
Historic Canals Regulations — 7
7 No person shall (a) do anything that unreasonably disturbs or interferes with any person’s use or enjoyment of a historic canal; (b) behave in a manner that endangers the safety of any person in a historic canal; (c) cause excessive noise in a historic canal between 11:00 p.m. and 6:00 a.m.; (d) operate a lock, lift or swing bridge, dam or wasteweir in a historic canal, or the gates or sluices of those structures, unless authorized to do so; or (e) fish within 10 m of a lock or approach wharf or from a bridge over a navigation channel. SOR/2015-134, s. 4(F)
Historic Canals Regulations — 8
8 Every person shall comply with any sign posted or traffic control device placed in a historic canal pursuant to subsection 4(2).
Historic Canals Regulations — 9
9 No person, other than a peace officer or an employee acting in the course of employment, shall, in a historic canal, engage in an activity that is restricted or enter into an area that is closed, where notice of the restriction or closure has been given in accordance with paragraph 4(2)(d).
Historic Canals Regulations — 10
10 Except at times and in areas designated by means of a sign or notice, no person shall (a) in a navigation channel or within 100 m of a structure in a historic canal, water-ski, ride a tube or kneeboard, engage in any activity that involves being towed behind a vessel or operate a vessel towing a water-skier or person riding a tube or kneeboard; (b) dive, jump, scuba-dive, swim or bathe in a navigation channel or within 40 m of a lock gate or a dam in a historic canal; (c) dive or jump from a bridge over a historic canal, or from the abutments of such a bridge; or (d) operate a vessel within 40 m of a dam in a historic canal, unless the vessel is in the navigation channel.
Historic Canals Regulations — 11
11 (1) No person shall (a) deposit in a historic canal, snow that has been collected during snow removal; (b) discard waste in a historic canal, except in a receptacle designated for that purpose; (c) discharge the contents of a holding tank in a historic canal, except at a pumpout station designated for that purpose; or (d) abandon or discard any other thing in a historic canal. (2) No person shall, except in accordance with a permit issued under subsection (3), remove, alter or destroy any cultural resource, natural resource, structure, equipment or object in a historic canal. (3) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to remove, alter or destroy a cultural resource, natural resource, structure, equipment or object, where the removal, alteration or destruction is necessary for (a) scientific purposes; or (b) the management of water levels or flows. (4) A permit issued under subsection (3) shall specify (a) the cultural resource, natural resource, structure, equipment or object, or the amount thereof, that may be removed, altered or destroyed and the location from which it may be removed or at which it may be altered or destroyed; and (b) the period for which the permit is valid. SOR/2002-191, s. 5(E); SOR/2015-134, s. 5
Historic Canals Regulations — 12
12 Every person who uses or occupies a property or facility in a historic canal shall, on vacating the property or facility, leave it in a clean and orderly condition.
Historic Canals Regulations — 13
13 (1) No person in charge of a vessel shall allow the vessel to transport any dangerous goods as defined in section 2 of the Transportation of Dangerous Goods Act, 1992 in a historic canal, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to transport dangerous goods in a historic canal. (3) A permit issued under subsection (2) shall specify (a) the type of dangerous goods to be transported; (b) the dates and times when, and the route along which, the goods may be transported; and (c) the period for which the permit is valid. SOR/94-580, s. 1; SOR/2002-191, s. 5(E); SOR/2015-134, s. 6(E)
Historic Canals Regulations — 14
14 (1) No person shall dredge, fill or dredge and fill in a historic canal, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to dredge, fill or dredge and fill in a historic canal. (3) A permit issued under subsection (2) shall specify (a) the dates and times when, the location at which, and the extent to which the dredging, filling or dredging and filling may be carried out; and (b) the period for which the permit is valid. (4) The superintendent may issue a stop work order, a restore order or both to a person who (a) contravenes or fails to comply with the terms and conditions specified in a permit issued under subsection (2); or (b) dredges, fills or dredges and fills in a historic canal without a permit. (5) Where the superintendent issues a stop work order to a person, the person shall comply with the stop work order until such time as the superintendent issues a restore order. (6) Where the superintendent issues a restore order to a person, the person shall (a) in the case of a person to whom a permit was issued, restore at the person’s risk and expense that part of the historic canal that was dredged, filled or dredged and filled, contrary to the terms and conditions of the permit, to the condition that it was in prior to the dredging, filling or dredging and filling or, where applicable, to the condition that was specified in the permit; and (b) in the case of a person without a permit, restore at the person’s risk and expense the historic canal to the condition that it was in prior to the dredging, filling or dredging and filling. SOR/94-580, s. 2; SOR/2002-191, s. 5(E); SOR/2015-134, s. 7(E)
Historic Canals Regulations — 15
15 (1) No person shall erect a sign, structure or object over or in a historic canal, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to erect a sign, structure or object over or in a historic canal. (3) A permit issued under subsection (2) shall specify (a) the location at which the sign, structure or object may be erected; and (b) the date before which the sign, structure or object must be removed. (4) Every person who erects a sign, structure or object under this section shall (a) erect it at the person’s risk and expense; and (b) remove it at the person’s risk and expense before the date specified in the permit. SOR/2002-191, s. 5(E)
Historic Canals Regulations — 16
16 (1) No person shall convene an organized race, competition, regatta, fair, exhibition, demonstration or any other such organized event or activity in a historic canal, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to convene an organized race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity in a historic canal. (3) A permit issued under subsection (2) shall specify (a) the type of race, competition, regatta, fair, exhibition, demonstration or other such organized event or activity that may be convened and the dates and times when, and the location at which, it may be convened; and (b) the period for which the permit is valid. SOR/94-580, s. 3; SOR/2002-191, s. 5(E); SOR/2015-134, s. 8(E)
Historic Canals Regulations — 17
17 (1) Except in the case of an emergency, no person shall take off, land or moor an aircraft (a) on the navigation channel of a historic canal; (b) on historic canal waters within 100 m of a lock, bridge or dam; or (c) except in accordance with a permit issued under subsection (2), on historic canal waters at a point where the waters are 150 m wide or less. (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to take off, land or moor an aircraft on historic canal waters referred to in paragraph (1)(c). (3) A permit issued under subsection (2) shall specify (a) the dates and times when, and the location at which, the applicant may take off, land or moor an aircraft; and (b) the period for which the permit is valid. SOR/94-580, s. 4; SOR/2002-191, s. 5(E); SOR/2015-134, s. 9(E)
Historic Canals Regulations — 18
18 No person shall camp on historic canal lands, except at a campground. SOR/2015-134, s. 21
Historic Canals Regulations — 19
19 (1) Subject to section 21, it is prohibited for any person to camp at a campground unless the person (a) holds a permit issued under subsection (2); or (b) is a member of a group in respect of which a permit has been issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to camp at a campground if (a) there is sufficient space available at the campground; and (b) there are sufficient washroom facilities for the number of campers. (3) The permit shall specify the campground’s location and the period for which the permit is valid. SOR/94-580, s. 5; SOR/2002-191, s. 5(E); SOR/2015-134, s. 10
Historic Canals Regulations — 21
21 Where a person holds a permit to moor overnight that is issued under subsection 40(5), the person may camp that night at a campground without holding a permit issued under subsection 19(2). SOR/2015-134, s. 21
Historic Canals Regulations — 22
22 (1) No person shall discharge fireworks in a historic canal, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to discharge fireworks in a historic canal. (3) A permit issued under subsection (2) shall specify (a) the dates and times when, and the location at which, the applicant may discharge fireworks; and (b) the period for which the permit is valid. SOR/94-580, s. 6; SOR/2002-191, s. 5(E); SOR/2015-134, s. 11(E)
Historic Canals Regulations — 23
23 (1) No person shall light or maintain a fire on historic canal lands except (a) in a stove, fireplace or other receptacle or place designated for that purpose; or (b) in a portable stove or other similar device in a place designated, by means of a sign or notice, for that purpose. (2) No person who lights or maintains a fire on historic canal lands shall leave the fire unattended. (3) Every person who lights or maintains a fire on historic canal lands shall extinguish the fire when it is no longer required.
Historic Canals Regulations — 24
24 (1) Every person who brings a pet onto historic canal lands shall ensure that the pet is (a) restrained by a harness or a leash that is no longer than 3 m; or (b) confined in a container or enclosure. (2) Every person who is in charge of a pet on historic canal lands shall ensure that any excrement or other solid waste that originates from the pet is disposed of in a receptacle or removed from the historic canal lands.
Historic Canals Regulations — 25
25 (1) Subject to subsection (2) and section 47, no person shall bring livestock onto historic canal lands. (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to bring a horse onto historic canal lands. SOR/2002-191, s. 5(E)
Historic Canals Regulations — 27
27 Every owner of a vessel that is in historic canal waters shall ensure that (a) the vessel is fitted with good and sufficient mooring lines; and (b) any fender attached to the vessel is securely fastened to the vessel and made of material that will float.
Historic Canals Regulations — 28
28 No person in charge of a vessel shall operate the vessel in a historic canal where the dimensions, configuration, draught or condition of the vessel or the goods or equipment on the vessel may (a) damage the historic canal; (b) endanger the safety of persons using the historic canal; or (c) delay or obstruct navigation.
Historic Canals Regulations — 29
29 Every person in charge of a vessel that is in a historic canal shall (a) obey all traffic control devices; and (b) comply with the instructions of employees and peace officers in respect of the safe and orderly use of locks and navigation channels.
Historic Canals Regulations — 30
30 Every person in charge of a vessel that is in a historic canal shall operate the vessel in a manner that ensures that its wake is minimized and that the vessel and its wake do not compromise the safety of persons or vessels or cause damage to the shoreline or to any vessel, works, equipment or object. SOR/2015-134, s. 13
Historic Canals Regulations — 31
31 (1) Where two vessels are approaching a bridge in a historic canal from opposite directions and passage by the bridge can only be made by one vessel at a time, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other at least 100 m downstream of the bridge. (2) Where two vessels are approaching a bend in a narrow navigation channel from opposite directions, the person in charge of the upbound vessel shall hold back and give way to the downbound vessel and shall ensure that the vessels pass each other downstream of the bend. (3) No person in charge of a vessel in a historic canal shall attempt to overtake another vessel while within 300 m of a lock, guard gate or bridge, unless directed to do so by the superintendent or a peace officer. (4) The person in charge of a vessel shall decrease the speed of the vessel to dead slow when the vessel is passing employees working on historic canal waters. SOR/2002-191, s. 5(E)
Historic Canals Regulations — 32
32 (1) The superintendent shall give precedence to trains at a railway swing or lift bridge. (2) The superintendent shall give precedence to vessels at a highway swing or lift bridge during the hours in which the bridge is scheduled to operate. SOR/2002-191, s. 5(E)
Historic Canals Regulations — 33
33 (1) Subject to subsection (2) and section 34, no person in charge of a vessel in a historic canal shall attempt to pass the vessel through a swing or lift bridge until the bridge is fully open and (a) no red light is shown by the traffic control device on the bridge; or (b) the person in charge of the vessel is directed by an employee to proceed. (2) Subsection (1) does not apply in respect of a vessel that can safely clear a swing or lift bridge that is fully closed. SOR/2015-134, s. 14(F)
Historic Canals Regulations — 34
34 (1) No person in charge of a vessel shall attempt to pass the vessel through the Brighton Road Swing Bridge, situated on Northumberland County Road Number 64 on the Murray Canal along the Trent-Severn Waterway, except in accordance with a permit issued under subsection (2). (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to pass the vessel through the Brighton Road Swing Bridge. (3) [Repealed, SOR/2015-134, s. 15] SOR/94-580, s. 7; SOR/2002-191, s. 5(E); SOR/2015-134, s. 15
Historic Canals Regulations — 35
35 (1) No person in charge of a vessel shall allow the vessel to leave an approach wharf to enter a lock of a historic canal, or to leave a lock, until the lock gate or gates are fully open and (a) no red light or flashing red light is shown by the traffic control device on the lock; or (b) the person in charge of the vessel is directed by an employee to proceed. (2) Every person in charge of a vessel waiting to enter a lock of a historic canal shall give way to vessels leaving the lock. (3) No person in charge of a vessel shall allow the vessel to pass through a lock of a historic canal unless the vessel is equipped in accordance with section 27. SOR/2015-134, s. 16; SOR/2017-21, s. 14(F)
Historic Canals Regulations — 36
36 Every person in charge of a vessel that is passing through a lock of a historic canal shall ensure that (a) the vessel is positioned and secured in the lock as directed by an employee; (b) each mooring line of the vessel is attended by at least one member of the crew during the period that the vessel is passing through the lock; and (c) the engine compartment blower or exhaust fan is operating.
Historic Canals Regulations — 37
37 During the period that any vessel is passing through a lock of a historic canal, no person shall smoke or have an open flame on the coping wall or lock gate.
Historic Canals Regulations — 38
38 No person shall, while on a vessel that is passing through a lock of a historic canal, (a) smoke or have an open flame including a pilot light; (b) turn on or off, or attempt to turn on or off, any appliance; or (c) until directed to do so by an employee, operate or attempt to operate an engine.
Historic Canals Regulations — 39
39 (1) Subject to subsection (4), no person in charge of a vessel shall, except in accordance with a permit issued under subsection (2), allow the vessel to pass through a lock of the Saint-Ours, Chambly, Sainte-Anne-de-Bellevue, Carillon, Rideau or Lachine Canal or a lock of the Trent-Severn Waterway. (2) The superintendent may, on receipt of an application, issue a permit authorizing the applicant to pass the vessel through a lock of a historic canal referred to in subsection (1). (3) [Repealed, SOR/2015-134, s. 17] (4) The person in charge of a vessel may pass through a lock of a historic canal named in subsection (1) for the purpose of obtaining a permit, if the person does not proceed further along the historic canal than to a lock station at which permits are issued. SOR/94-580, s. 8; SOR/2002-191, ss. 3, 5(E); SOR/2015-134, s. 17