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Public Ports and Public Port Facilities Regulations (SOR/2001-154) - Canada Marine Act (ID: 9509)
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Publications Vehicle importation Vehicle recalls Transport Canada CANADA MARINE ACT Public Ports and Public Port Facilities Regulations SOR/2001-154 -------------------------------------------------------------------------------- PART 1 - PUBLIC PORTS PART 2 - PUBLIC PORT FACILITIES PART 3 - OPERATIONS SCHEDULE 1 - DESIGNATED PUBLIC PORTS PART 1 - Province of Ontario PART 2 - Province of Quebec PART 3 - Province of Nova Scotia PART 4 - Province of New Brunswick PART 5 - Province of Manitoba PART 6 - Province of British Columbia PART 7 - Province of Prince Edward Island PART 8 - Province of Newfoundland SCHEDULE 2 - REPEALS OF PUBLIC PORT DESIGNATIONS UNDER SUBSECTION 2(1) SCHEDULE 3 - REPEALS OF PUBLIC PORT DESIGNATIONS UNDER SUBSECTION 3(1) SCHEDULE 4 - ACTIVITY LIST Established by: -------------------------------------------------------------------------------- PART 1 PUBLIC PORTS Designation of Public Ports 1. The ports set out in Schedule 1 are designated as public ports and have the limits set out in that Schedule. Repeal of Designation of Certain Public Ports 2. (1) The designation under section 1 of a public port set out in Schedule 2 is repealed, effective on the day on which the entire public port facility at the port or the last part of it is transferred to a person or body by Her Majesty in right of Canada as represented by the Minister of Transport . (2) 3. (1) The designation under section 1 of a public port set out in Schedule 3 is repealed effective on the day on which the bed of the navigable waters at the port that is owned by Her Majesty in Right of Canada, or the last part of it, or, if applicable, the day on which the entire public port facility at the port, or the last part of it, is transferred to a person or body by Her Majesty in Right of Canada as represented by the Minister of Transport, whichever is later. (2) PART 2 PUBLIC PORT FACILITIES PART 3 OPERATIONS Interpretation 11. The definitions in this section apply in this Part. Act Loi Act means the Canada Marine Act. dangerous goods marchandises dangereuses dangerous goods has the meaning assigned in section 2 of the Transportation of Dangerous Goods Act, 1992. designated area endroit d sign designated area means an area designated by a port official in respect of an activity set out in column 1 of Schedule 4. fee droit fee means a fee fixed under subsection 67(1) of the Canada Marine Act or accepted by the Minister under section 68 of that Act. floating structure construction flottante floating structure includes any type of floathome, houseboat, ship, work or other type of floating craft that is used for residential or commercial purposes. hot work travail chaud hot work means any work that uses flame or that can produce a source of ignition, such as heating, cutting or welding. port official responsable de port port official includes, with respect to a public port or a public port facility, a wharfinger or harbour master appointed under section 69 of the Act. Application 12. This Part applies to public ports and public port facilities designated under section 65 of the Act and for which the Minister continues to have the management under subsection 72(8) of that Act. Binding on Her Majesty 13. This Part is binding on Her Majesty in right of Canada or a province. Safety and Order in Public Ports and Public Port Facilities Prohibitions 14. Unless otherwise authorized under these Regulations, no person shall, by act or omission, do anything or permit anything to be done in a public port or at a public port facility that has or is likely to have any of the following results: (a) to jeopardize the safety or health of persons in the public port or at the public port facility; (b) to interfere with navigation; (c) to obstruct or threaten any part of the public port or the public port facility; (d) to interfere with an authorized activity in the public port or at the public port facility; (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 public port; (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 public port or public port facility operations. Access to Public Port Facilities 15. No person shall access any area of a public port facility unless (a) the person accesses the area to conduct legitimate business in the area; (b) the person is authorized by a port official to access the area; or (c) access is not restricted by a sign or in some other way such as by a fence. Signs 16. A port official may have signs posted or devices placed for the purpose of ensuring the safety of persons and property in a public port or at a public port facility, the environmental protection of the public port or the public port facility, or the management and development of the marine infrastructure and services in the public port or at the public port facility. 17. (1) Every person in a public port or at a public port facility must comply with the instructions on signs posted and with devices placed under the authority of a port official unless the person is authorized by the port official to do otherwise. (2) No person shall remove, mark or deface any sign or device within a public port or at a public port facility. Operation of Vehicles Registration and Permits 18. No person shall operate a vehicle at a public port facility unless (a) the person holds all licences and permits required under the laws of the province and municipality in which the public port facility is situated to operate the vehicle in that province and municipality; and (b) the vehicle is registered and equipped as required under the laws of the province and municipality in which the public port facility is situated. Compliance with Provincial and Municipal Laws 19. No person shall operate a vehicle at a public port facility except in accordance with the laws of the province and municipality in which the public port facility is situated. Traffic Control 20. (1) No person shall operate a vehicle at a public port facility at a speed exceeding 20 km/h unless another speed limit is posted on signs at the public port facility. (2) Despite subsection (1), no person shall operate a vehicle at the speed referred to in that subsection when a lower speed is warranted by prevailing weather conditions or the movement or storage of equipment, trains or goods. 21. (1) A port official may have signs posted and devices placed at the public port facility respecting (a) the safe operation of vehicles; (b) the parking or stopping of vehicles, including signs and devices restricting or prohibiting parking or stopping; and (c) weight and dimension restrictions of vehicles. (2) A person who operates a vehicle at a public port facility must comply (a) with the instructions on any sign posted or with any device placed by a port official and applicable to the person, vehicle or facility; and (b) with the traffic directions given by a port official. 22. A port official may have a vehicle moved or stored at the risk and expense of its owner or operator or the person apparently in possession of the vehicle at the time at which the vehicle is found to be parked or stopped contrary to this section if the vehicle is (a) apparently abandoned; (b) 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 posted parking or stopping hours; or (c) parked or stopped in an area (i) not posted as a parking or stopping area, or (ii) posted as a no-parking or no-stopping area. Removal Property or Waters 23. (1) Unless otherwise authorized under these Regulations, a person who, in a public port or at a public port facility, drops, deposits, discharges or spills refuse or a substance that pollutes, an object that interferes with navigation or any cargo or ship's gear must (a) immediately make every technically feasible and reasonable effort to remove it; and (b) notify a port official 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. (2) If the person does not remove the refuse, substance, object, cargo or ship's gear immediately, the port official may conduct the removal at the risk and expense of that person. Fire Protection 24. Every person in a public port or at a public port facility must follow the fire protection and prevention measures established for the safety of persons and property in the public port or at the public port facility, taking into account the activities and goods in the public port or at the public port facility. Dangerous Situations 25. Every person who by act or omission causes a dangerous situation in a public port or at a public port facility must (a) immediately 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 a port official without delay as to the nature of the dangerous situation and the precautions that have been taken and their location. Emergencies 26. Despite any other provision of these Regulations, a person may, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 without having a contract or lease with the Minister, or a licence granted by the Minister or authorization from a port official or without 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; (b) the person conducting the activity makes every effort to notify a port official of the activity and the emergency situation, if practicable; and (c) the person conducting the activity submits a report to the port official without delay describing the activity and explaining why the situation was regarded as an emergency. 27. If a situation causes or is likely to cause death, bodily injury or any other emergency situation in a public port or at a public port facility, or damages or is likely to damage property or the environment, a 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, must (a) notify a port official without delay of the emergency situation; (b) submit a detailed report of the emergency situation to the port official as soon as possible after the situation ceases to exist; and (c) at the request of the port official, submit with the report to the port official a copy of each report of the emergency situation that the person makes to municipal, provincial and federal authorities. Accidents and Incidents 28. A person who does anything in a public port or at a public port facility that results in an incident involving injury to a person, damage to the environment, material loss or damage, or an explosion, fire, accident, grounding, or stranding must (a) notify a port official of the incident without delay; and (b) submit a detailed report of the incident to the port official as soon as possible after the incident occurs. Precautionary Measures 29. (1) If, in a public port or at a public port facility, a person conducts an activity that is likely to have any of the results prohibited under section 14 and the activity does not require an authorization under these Regulations, a port official may instruct the person conducting the activity to cease the activity or to take the precautions reasonably necessary to mitigate or prevent the result. (2) The person must immediately comply with the instructions of the port official. Activities of Port Officials 30. If a port official is the proponent of an activity that is set out in column 1 of Schedule 4 which is likely to have any of the results prohibited under section 14, the port official must take appropriate measures designed to mitigate or prevent the result, if technically feasible and reasonable, taking into account (a) the safety of persons and property in the public port or at the public port facility; (b) the environmental protection of the public port or the public port facility; and (c) the management and the development of the marine infrastructure and services in the public port or at the public port facility. Authorizations and Instructions for Activities in a Public Port and at a Public Port Facility Activities under Contracts, Leases and Licences 31. A person may, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 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 Minister. 32. If, by entering into a contract or lease or granting a licence, the Minister authorizes an activity set out in column 1 of Schedule 4 that has or is likely to have any of the results prohibited under section 14, the Minister may 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 must take measures designed to mitigate or prevent the result, if technically feasible and reasonable. Authorizations by Posted Signs or Forms 33. (1) Subject to subsections (2) and (3), a port official may, by such means as posted signs, posted notices, maps or forms, give an authorization under this section to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 if an X is set out in column 2. (2) If the conduct of the activity is not likely to have a result prohibited under section 14, the port official may give the authorization without conditions, as long as the authorization is posted in a prominent place clearly visible to persons wanting to conduct the activity. (3) If the conduct of the activity is likely to have a result prohibited under section 14, the port official may give the authorization for the activity only if the port official (a) establishes conditions designed to mitigate or prevent the result; and (b) communicates the conditions by (i) posting them in a prominent place clearly visible to persons wanting to conduct the activity, or (ii) setting them out on forms that are readily available to persons wanting to conduct the activity. 34. (1) No person shall conduct an activity set out in column 1 of Schedule 4 if an X is set out in column 2 unless the person complies with the conditions, if any, for conducting the activity that are posted or set out on forms and pays the applicable fee, if any. (2) If a condition for conducting the activity is to complete a checklist, the person conducting the activity must keep the checklist readily available for inspection. Authorization to a Specific Person 35. (1) A port official may give an authorization under this section to a person to conduct, in a public port or at a public port facility, an activity set out in column 1 of Schedule 4 if (a) an X is set out in column 3; or (b) an X is set out in column 2 and the person or, in the case of a partnership, an association or a body corporate, any person who would be covered by the authorization, is unable to comply with the conditions posted or set out on forms for the conduct of the activity under section 33. (2) On receipt of a request for an authorization, along with payment of the applicable fee, if any, and the information required under subsection 36(2), the port official must (a) give their authorization; (b) 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 14, (i) refuse to give their authorization, or (ii) give their authorization subject to conditions designed to mitigate or prevent the results; or (c) if the port official required that the person obtain insurance coverage, performance security or damage security in respect of the conduct of the activity and none is obtained or that which is obtained is inadequate, refuse to give their authorization. 36. (1) No person shall, in a public port or at a public port facility, conduct an activity set out in column 1 of Schedule 4 if an X is set out in column 3 unless the person (a) obtains an authorization under section 35 or is covered by an authorization given to a partnership, an association or a body corporate under that section; and (b) complies with the conditions, if any, of the authorization. (2) A person that seeks an authorization from a port official to conduct an activity in a public port or at a public port facility must provide to the port official (a) the name and address of the person; (b) the applicable fee, if any; (c) information relevant to the proposed activity and required by the port official to assess the likelihood of the occurrence of any of the results prohibited under section 14; (d) if requested by the port official, proof that the applicant has an insurance policy that provides adequate coverage for the activity, names Her Majesty in right of Canada as an additional insured and provides for the insurer to notify the port official in the event that the policy is amended or cancelled; and (e) if required by the port official, performance security and damage security in respect of the conduct of the activity. 37. A port official may cancel an authorization given under section 35 or change the conditions to which an authorization is subject if (a) the conduct of the activity has a result prohibited under section 14 or, as a result of a change in circumstances, becomes likely to have such a result; (b) the authorization was based on incorrect or misleading information; or (c) the person to whom the authorization is given or any person covered by the authorization does not comply with a condition of the authorization. 38. (1) If an authorization given under section 35 is cancelled, the port official must give notice of the cancellation to the person to whom the authorization was given. (2) The cancellation is effective at the earliest of (a) the end of the fifth business day after the notice of cancellation is sent by registered mail to the address provided in the application for the authorization; (b) two hours after a facsimile or electronic transmission of the notice of cancellation is sent to the address provided in the application for the authorization; and (c) immediately on service of the notice of cancellation at the address provided in the application for the authorization. Instructions to Cease, Remove, Return and Restore 39. (1) A port official may instruct a person to take any of the actions referred to in subsection (2) if (a) the person conducts an activity for which an authorization is required under section 35 without first obtaining the authorization or without being covered by one; (b) the person, or any person covered by the authorization, fails to comply with a condition of the authorization; (c) the authorization to conduct the activity is cancelled under section 37; or (d) in the case of an activity for which no authorization is required under these Regulations, the conduct of the activity has a result prohibited under section 14. (2) The actions are (a) to cease the activity or comply with the conditions for conducting the activity; and (b) if the person is instructed to cease the activity, (i) to remove anything brought into the public port or to the public port facility in connection with the activity, (ii) to return to the public port or the public port facility anything that was removed from it in connection with the activity, and (iii) to restore the property affected by the activity to its former state. (3) The person must comply immediately with the instructions of the port official. (4) If the person fails to remove the thing or to restore the property immediately, the port official may conduct the removal or restoration and may store the thing at the risk and expense of the person. Ships and Cargoes Information in Respect of Ships and Cargoes 40. (1) This section applies in respect of ships for which fees are fixed under subsection 67(1) of the Act or accepted under section 68 of that Act. (2) At least 24 hours before a ship enters a public port or arrives at a public port facility, the owner or the person in charge of the ship must provide the following information to a port official if the information has not already been provided for the purpose of obtaining permission to access the public port or public port facility: (a) the name of the ship, its port of registry and its identification number as it appears in the Lloyd s Register of Shipping or on the ship s certificate; (b) the name of the owner, the master and the agent of the ship; (c) the gross tonnage of the ship and its overall length; (d) the port from which and the date on which the ship began its voyage; (e) the estimated time of arrival of the ship in the public port or at the public port facility; (f) the estimated draught of the ship on arrival in the public port or at the public port facility and on departure; (g) the description, quantity and tonnage of dangerous goods that are in transit on the ship or that will be loaded, unloaded or transferred in the public port or at the public port facility, in the form provided by the port official; (h) the description, quantity and tonnage of goods to be loaded, unloaded or transferred in the public port or at the public port facility; (i) the number of passengers in transit on the ship, embarking on the ship or disembarking from the ship; (j) if the ship is not engaged in cargo or passenger operations, the purpose of the ship s visit to the public port; (k) the last port of call of the ship and its next intended port of call; and (l) any other information requested by the port official and relevant to assessing the likelihood of the occurrence of any of the results prohibited under section 14 or to the management of the marine infrastructure and services of the public port or the public port facility. (3) The owner or the person in charge of the ship must provide the port official with the description, quantity and tonnage of the cargo loaded, unloaded or transferred at each berth or anchorage within 24 hours after the loading, unloading or transferral, but before the ship s departure. (4) The information must be provided by (a) delivering it by hand in the form of a certificate signed by the owner or person in charge of the ship; or (b) sending it by facsimile or electronic transmission. 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 risk and expense of its owner. 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. SCHEDULE 1 (Section 1) DESIGNATED PUBLIC PORTS PART 1 Province of Ontario Collingwood All the navigable waters, including any foreshore, of Nottawasaga Bay bounded by a line extending from the high-water mark on the shore due north astronomically to the point at lat. 44 32 N and long. 80 15 W; thence southeasterly to the high-water mark at the northern extremity of Sunset Point (44 30 33" N, 80 12 30"W). Cornwall All the navigable waters, including any foreshore, of the St. Lawrence River bounded by a line extending from the high-water mark on the shore due south astronomically to a point at lat. 45 0 44 N and long. 74 42 52 W; thence northeasterly to a point at lat. 45 0 49 N and long. 74 42 00 W; thence due north astronomically to the high-water mark on the shore. Kingston All the navigable waters, including any foreshore, to the northward of a line joining Carruthers Point to Cedar Island light and to the westward of a line joining Cedar Island light to the southwesterly point of Point Henry, including the Cataraqui River southward of a line joining a point at lat. 44 14 27" N and long. 76 28 05" W, to a point at lat. 44 14 27" N and long. 76 28 53" W. Kingsville All navigable waters, including any foreshore, to the east, north and west of a line commencing at the high-water mark of Lake Erie and extending due south one nautical mile along the meridian 82 44 30" W; thence due east to the meridian 82 43 30" W; thence due north to the high-water mark of Lake Erie. Owen Sound All the navigable waters of Owen Sound, including any foreshore, and the navigable portions of all streams flowing into it, including any foreshore, south of a line drawn due west astronomically from the north extremity of the peninsula on the east side of the sound known as Squaw Point. Parry Sound All the navigable waters, including any foreshore, to the east of a line drawn from Red Rock to Lone Rock, the northern and southern limits being lines drawn due east from each of these, and including all navigable waters, including any foreshore, between Parry Island and the mainland, excluding those waters contained within the limits of Depot Harbour, being all the navigable waters of Parry Sound to the south of a straight line drawn from Three Mile Point to Longs Island, bearing 73 50 W magnetic. Port Stanley All the navigable waters, including any foreshore, of Lake Erie and Kettle Creek bounded on the east by the meridian 81 12 W and on the west by the meridian 81 14 W and on the south by parallel 42 39 N and on the north by parallel 42 40 N. Sarnia All the navigable waters, including any foreshore, of the St. Clair River extending from the southern limit of the international bridge between Point Edward, Ontario, and Port Huron, Michigan, and extending southward to include all the navigable waters, including any foreshore, of the St. Clair River and its several outlets into Lake St. Clair, including any dredged channels, east of the international boundary line between Canada and the United States of America. Sault Ste. Marie All the navigable waters, including any foreshore, of St. Mary s River north of the international boundary line, west of a line drawn due south (true) from the extreme of Partridge Point, and east of a line drawn due south (true) from Pointe aux Pins lighthouse. PART 2 Province of Quebec Baie-Comeau All the navigable waters, including any foreshore, of English Bay lying northwest of a straight line drawn from Point Saint-Pancrace light, situated at lat. 49 15 14" N and long. 68 04 44" W extending in an astronomical direction of 220 15 37" to Point Saint-Gilles, situated at lat. 49 12 09" N and long. 68 08 43" W, as shown on Canadian Hydrographic Service Chart No. 1226, dated May 27th, 1983, reprinted May 3rd, 1991. Cap-aux-Meules All the navigable waters, including any foreshore, of Plaisance Bay and Leslie Cove within the following described boundaries: Beginning at a point in the high-water mark at the easterly extremity of Cape Meules; thence following the said high-water mark in a general northerly direction to a point distant in a direct line one-half mile (nautical) from the point of beginning; thence in an easterly, southerly and westerly direction on an arc of a radius of one half mile about the point of beginning to a point in the high-water mark on the shore of Cape Meules Island; thence in a northerly and easterly direction following the said high-water mark to the place of commencement. Carleton All the navigable waters, including any foreshore, of Tracadigache Bay lying within the following boundaries: Beginning at a point situated on the shore of Tracadigache Point, at lat. 48 05 08" N and long. 66 07 33" W; thence, in an astronomical direction of 0 00 00" to a point situated on the shore of Tracadigache Point, at lat. 48 05 15" N and long. 66 07 33" W; thence, in an astronomical direction of 16 34 56" to a point situated on the shore of Carleton Bank, at lat. 48 05 24" N and long. 66 07 29" W; thence, in a northwesterly and southwesterly direction, following the high-water mark of Tracadigache Bay to a point at lat. 48 06 21" N and long. 66 12 00" W; thence, in an astronomical direction of 251 16 21" to a point situated on the shore of Miguasha Point at lat. 48 05 33" N and long. 66 16 15" W; thence, in a southwesterly direction, following the high-water mark of Tracadigache Bay to Point Corbeaux at lat. 48 03 58" N and long. 66 17 11" W; thence, in an astronomical direction of 79 41 48" to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4486, edition of October 19, 1984, reprinted January 12, 1990. Chandler All the navigable waters, including any foreshore, of Chaleur Bay lying northwest of a line drawn from the extremity of the wharf at lat. 48 20 33" N and long. 64 39 32" W, extending in an astronomical direction of 213 54 22" to Grand Pabos Point at lat. 48 18 15" N and long. 64 41 51" W, excluding the waters of Grand Pabos Bay, as shown on Canadian Hydrographic Service Chart No. 4486, edition of October 19, 1984, reprinted January 12, 1990. Gasp All the navigable waters, including any foreshore, of Gasp harbour (northwest basin) lying within the following boundaries: Beginning at the northern limit of the foreshore of Sandy Beach, at lat. 48 50 28" N and long. 64 24 48" W; thence, in an astronomical direction of 0 00 to a point situated on the high-water mark at lat. 48 51 20" N and long. 64 24 48" W; thence, following the southeast limit and the west limit of Penouille Peninsula to a point situated at lat. 48 51 20" N and long. 64 26 17" W, this point marking the entrance to Penouille Bay; thence, in an astronomical direction of 350 37 56" to a point situated on the high-water mark at lat. 48 51 24" N and long. 64 26 18" W, this point marking also the entrance to Penouille Bay; thence, in a northwesterly direction, following the high-water mark to Panard Point, at lat. 48 52 04" N and long. 64 29 59" W; thence, in an astronomical direction of 180 00 to a point situated on the high-water mark at lat. 48 50 50" N and long. 64 29 59" W; thence, in a northeasterly and a southeasterly direction, following the high-water mark of Gasp harbour, to Jacques-Cartier Point, at lat. 48 50 12" N and long. 64 28 27" W; thence, in an astronomical direction of 133 19 01" to Lourdes Point, at lat. 48 49 39" N and long. 64 27 34" W; thence, in an easterly and southeasterly direction, following the high-water mark of Gasp harbour, and in a northeasterly, a northerly and a northwesterly direction, following the shore of Sandy Beach bar, to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4416, dated January 7, 1983. Gros-Cacouna All the navigable waters, including any foreshore, of the St. Lawrence River, excluding the area designated on Canadian Hydrographic Service Chart No. 1235 as "Dumping Ground", lying within the following boundaries: Beginning at a point situated on the high-water mark of the St. Lawrence River at Persil Cove, at lat. 47 52 28" N and long. 69 33 08" W; thence, in an astronomical direction of 293 39 28" to a point at lat. 47 53 16" N and long. 69 35 51" W; thence, in an astronomical direction of 21 49 50", to a point at lat. 47 59 43" N and long. 69 32 00" W; thence, in an astronomical direction of 110 41 29", to Bout d en Haut Point, situated at the southwestern extremity of Verte Island, at lat. 47 59 09" N and long. 69 29 46" W; thence, in an astronomical direction of 113 06 47", to a point situated on the high-water mark of the St. Lawrence River at lat. 47 58 30" N and long. 69 27 30" W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River, to the point of beginning as shown on Canadian Hydrographic Service Chart No. 1235, edition of December 27, 1991. Havre-Saint-Pierre All the navigable waters, including any foreshore, of the St. Lawrence River lying between Havre Island and the mainland north side, east of the meridian of long. 63 38 W and west of a line drawn from Cape Corbeau at lat. 50 13 27" N and long. 63 35 34" W, in an astronomical direction of 0 00 to the high-water mark of the St. Lawrence River, as shown on Canadian Hydrographic Service Chart No. 4429, edition of January 4, 1985. Les Escoumins All the navigable waters, including any foreshore, of the St. Lawrence River west of a line drawn southeast astronomically from Moulin Point; east of a line drawn southeast astronomically from Cape Bon-D sir; and north of a line drawn parallel to the shoreline and at a distance of three nautical miles therefrom. Matane All the navigable waters, including any foreshore, of the St. Lawrence River lying within the following boundaries: Beginning at a point situated on the high-water mark of the St. Lawrence River at lat. 48 50 05" N and long. 67 34 36 W; thence in an astronomical direction of 320 20 54" to a point situated at lat. 48 50 48" N and long. 67 35 30" W; thence, in an astronomical direction of 62 06 35" to a point situated at lat. 48 52 18" N and long. 67 31 12" W; thence, in an astronomical direction of 180 00 to the high-water mark of the St. Lawrence River at lat. 48 51 13" N and long. 67 31 12" W; thence, following the high-water mark of the St. Lawrence River in a southwesterly direction to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 1236, edition of December 27, 1991. Pasp biac All the navigable waters, including any foreshore, of Pasp biac Bay lying within the following boundaries: Beginning at Pasp biac Point, at lat. 48 00 50" N and long. 65 14 57" W; thence, in an astronomical direction of 256 23 29" to a point situated at lat. 48 00 30" N and long. 65 17 00" W; thence, in an astronomical direction of 0 00 to the high-water mark of Pasp biac Bay at a point at lat. 48 01 16" N and long. 65 17 00" W; thence, in an easterly direction, following the high-water mark of Pasp biac Bay to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 4921, dated April 12, 1985. Rimouski All the navigable waters, including any foreshore, of the St. Lawrence River lying within the following boundaries: Starting at Cape Caribou, situated on the high-water mark of the St. Lawrence River, at lat. 48 23 45" N and long. 68 40 45" W; thence, in an astronomical direction of 311 32 50" to a point at lat. 48 27 20" N and long. 68 46 50" W; thence, in an astronomical direction of 51 31 57", to a point at lat. of 48 33 05" N and long. 68 35 55" W; thence, in an astronomical direction of 130 51 24", to a point situated on the high-water mark of the St. Lawrence River at lat. 48 29 35" N and long. 68 29 50" W; thence, following the high-water mark of the St. Lawrence River in a southwesterly direction, to the point of beginning, as shown on Canadian Hydrographic Service Chart No. 1236, edition of December 27, 1991. Sorel All the navigable waters, including any foreshore, of the St. Lawrence River and the Richelieu River lying within the following boundaries: Beginning at the northwestern corner of wharf No. 1, situated at the mouth of the Richelieu River, on the east side, at lat. 46 02 56 N and long. 73 07 06 W; thence, in a southwesterly direction following the face of wharf No. 1 to the high-water mark on the east side of the Richelieu River; thence, following the said high-water mark of the Richelieu River, in a southerly direction, to a point at lat. 45 58 00 N and long. 73 08 32 W; thence, in an astronomical direction of 279 03 10 to a point at lat. 45 58 01 N and long. 73 08 41 W and situated on the high-water mark on the west side of the Richelieu River; thence, in a northerly direction following the said high-water mark of the Richelieu River, to the St. Lawrence River at a point at lat. of 46 02 56 N and long. 73 07 24 W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River to a point at lat. 46 00 46 N and long. 73 09 52 W; thence, in an astronomical direction of 285 23 49 to a point at lat. 46 01 00 N and long. 73 11 05 W and situated on the high-water mark of the St. Lawrence River; thence, in a northerly direction, following the said high-water mark of the St. Lawrence River, to a point at lat. 46 02 35 N and long. 73 10 46 W; thence, in an astronomical direction of 54 59 04 to the northeast extremity of Foins Island at a point at lat. 46 02 55 N and long. 73 10 05 W; thence, in an astronomical direction of 56 27 21 to the southwest extremity of Saint-Ignace Island (P res Point) at a point at lat. 46 03 19 N and long. 73 09 13 W; thence, in a northeasterly direction, following the south shore of Saint-Ignace Island, to a point at lat. 46 05 23 N and long. 73 04 42 W; thence, in an astronomical direction of 70 13 58 to the south extremity of Ours Island at a point at lat. 46 05 32 N and long. 73 04 06 W; thence, in a northeasterly direction, following the southeast shore of Ours Island, to a point at lat. 46 06 36 N and long. 73 02 54 W; thence, in an astronomical direction of 49 24 46 to the southwestern extremity of Grande Island at a point at lat. 46 07 04 N and long. 73 02 07 W; thence, in an astronomical direction of 36 06 21 , across Grande Island, to a point at lat. 46 09 05 N and long. 73 00 00 W; thence, in an astronomical direction of 137 32 22 to a point situated on the north shore of Perc s Islets at lat. 46 06 55 N and long. 72 57 09 W; thence, in a southwesterly direction, following the north shore of Perc s Islets and Moine Island, to the west extremity of Moine Island at a point at lat. 46 03 56 N and long. 73 01 32 W; thence, in an astronomical direction of 214 50 36 to a point situated on the high-water mark of the St. Lawrence River and at lat. 46 03 50 N and long. 73 01 38 W; thence, in a southwesterly direction, following the high-water mark of the St. Lawrence River to wharf No. 1; thence, following the face of wharf No. 1, to the point of beginning. Saving and excepting a channel in the St. Lawrence River 600 feet wide through the entire length of the above-described harbour, the said channel extending 300 feet on each side of the axis of the St. Lawrence River ship channel. The whole as shown on Canadian Hydrographic Service Chart No. 1338, edition of July 6, 1984, reprinted October 20, 1989. Tadoussac All the navigable waters, including any foreshore, of the St. Lawrence River and Saguenay River to the west of a line drawn from Point John to the western extremity of Rouge Island; thence to Cape Nid aux Corbeaux, and east of a line commencing at Cape Sainte-Marguerite drawn due south to the opposite shoreline. Trois-Pistoles All the navigable waters, including any foreshore, of the St. Lawrence River with its bays and inlets to the east of a line from Point Loupe to the northeast tip of Pommes Island; thence to the south of a line drawn in a northeasterly direction to the western tip of Rasade Nord-Est Island; thence to the west of a line drawn to Cape Aigle. PART 3 Province of Nova Scotia Bridgewater All the navigable waters, including any foreshore, of the LaHave River north of a line drawn due east and west across the river through the centre of Bear Hill. Digby All the navigable waters, including any foreshore, of Annapolis Basin south of lat. 44 40 N and west of long. 65 42 W. Hantsport All the navigable waters, including any foreshore, of the Avon River south of a line drawn between the fog signal at Horton Bluff and Indian Point. Liverpool All the navigable waters, including any foreshore, of Liverpool Bay contained to the west of a straight line extending from the northern extremity of Moose Point breakwater to the southern extremity of Eastern Head, on the opposite shore; and extending upstream along the Mersey River to the first highway bridge at Liverpool. Louisbourg All the navigable waters, including any foreshore, of Louisbourg Harbour contained to the west of a line commencing at the southern extremity of Nag Head; thence extending southward to the eastern extremity of Battery Island; thence southwesterly following the high-water mark of the north shore of the island, then extending southwesterly from the western extremity of Battery Island to the eastern extremity of Rochefort Point on the opposite shore. Lunenburg All the navigable waters, including any foreshore, of Lunenburg Bay, north of a line adjoining the light of Battery Point breakwater on a bearing of 259 to the southern extremity of Mason Point. Mulgrave All the navigable waters, including any foreshore, westward of a line starting at a point mid-channel on the south side of the Canso Causeway and following mid-channel of the Strait of Canso southward to a line drawn between the eastern extremity of Susies Island and Madden Point. North Sydney All the navigable waters, including any foreshore, below the high-water mark of the West Arm of Sydney Harbour and of streams emptying thereinto, inside lines drawn from the lighthouse on the shoal off Southeast Bar south 20 W astronomically to the extremity of Edward Point and north 50 W astronomically to the west shore. Pictou All the navigable waters, including any foreshore, of Pictou Harbour lying west of a line joining Logan Point to Roaring Bull Point and north of lat. 46 40 N. Port Hastings All the navigable waters, including any foreshore, of the Strait of Canso and all other bodies of water adjacent thereto, including any foreshore, south of a line drawn due southwest astronomically from the lighthouse on McMillan (Balache) Point, north of a line drawn due southwest astronomically from the point situated two miles southeast of the said McMillan Point, and east of mid-channel of the said Strait of Canso. Port Hawkesbury All navigable waters, including any foreshore, of the Strait of Canso north and west of a line drawn between Red Head on Cape Argos and Peninsula Point on Janvrin Island to the Canso Causeway, excluding the waters contained within the limits of Mulgrave. Pugwash All the navigable waters, including any foreshore, of Pugwash Harbour south and west of a line drawn between Biglow Point on the south shore and Fishing Point on the north shore. Shelburne All the navigable waters, including any foreshore, lying northward of a line drawn due east and west, touching the north end of McNutt's Island. Sydney All navigable waters, including any foreshore, of the South Arm of Sydney Harbour inside a line drawn from the lighthouse at Southeast Bar, south 20 W astronomically to the extremity of Edward Point. Yarmouth All the navigable waters, including any foreshore, within Yarmouth Harbour affected by the tide, from Lake Milo to a line drawn from the southern extremity of Cat Rock to Sunday Point. PART 4 Province of New Brunswick Bathurst All the navigable waters, including any foreshore, of Nepisiguit Bay and Bathurst Harbour contained to the south of parallel 47 40 N, extending upstream along the Nepisiguit River to the highway bridge at East Bathurst, and extending upstream along the Middle River to the highway bridge at West Bathurst. Dalhousie All the navigable waters, including any foreshore, of the Restigouche River contained within a line extending from the high-water mark on the south shore, due north along the meridian 66 25 W to a point mid-channel of the Restigouche River; thence following the mid-channel easterly and southeasterly; thence due west along parallel 48 03 N to the high-water mark on the south shore. Miramichi All the navigable waters, including any foreshore, of the Miramichi River and the Bay of Miramichi bounded on the east by the meridian of 64 57 W and on the west by long. 65 20 W. PART 5 Province of Manitoba Churchill All the navigable waters, including any foreshore, commencing at the northern extremity of Eskimo Point and running on a course due north to a point distant five nautical miles from the northernmost extremity of Eskimo Point; thence, on the circumference of a circle with the said northernmost extremity as a centre, easterly and southerly to the shore of Hudson Bay at the high-water mark; thence, following the said high-water mark westerly to Cape Merry; thence, following the high-water mark on the eastern shore of the Churchill River upstream as far as the tide ebbs and flows, thence, across the Churchill River to its western shore; thence, northerly and following the high-water mark downstream to the point at Old Fort Prince of Wales and across to Eskimo Point and to the place of beginning. PART 6 Province of British Columbia Bamfield All the navigable waters, including any foreshore, south astronomically of a line drawn east astronomically from the high-water mark at Aguilar Point to the high-water mark of the easterly shore of the creek. Campbell River All the navigable waters, including any foreshore, of Discovery Passage bounded by the high-water marks on both shores, between a line drawn from the eastern extremity of Middle Point (lat. 50 05 26" N, long. 125 18 24" W) on Vancouver Island in a 086 30 direction (true) to Copper Cliffs on Quadra Island and a line drawn from the southern extremity of Cape Mudge (lat. 49 59 42" N, long. 125 11 01" W) in a 270 00 direction (true) to the opposite shore. Esquimalt All the navigable waters, including any foreshore, within the Juan de Fuca Strait northward of a line running east and west (astronomically) through the southernmost tip of the southernmost of the Brothers Islands. Gold River All the navigable waters, including any foreshore, of Muchalat Inlet bounded by the high-water mark, east of a line drawn from Muchalat Inlet south shore light in a 000 direction (true) to the north shore. Nanoose Bay All the navigable waters, including any foreshore, west of a line drawn south astronomically from the high-water mark at Wallis Point to the high-water mark of the southerly shore of the harbour. Victoria All the navigable waters, including any foreshore, of Juan de Fuca Strait north of a line drawn from the southern tip of Trial Island to the southern extremity of Albert Head and including Selkirk Water and the navigable streams flowing into