SOR/98-547199810

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20196

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NATIONAL CAPITAL ACTLeamy Lake Navigation Channel RegulationsP.C.1998-1930  199810

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His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 20 of the National Capital Act, hereby makes the annexed Leamy Lake Navigation Channel Regulations.Interpretation

1The definitions in this section apply in these Regulations.authorized vessel[Repealed, SOR/2007-113, s. 1]boat means a watercraft of any description capable of being used for navigation regardless of how it is propelled. (bateau)channel means the Leamy Lake navigation channel described in Schedule 1. (chenal)Commission employee includes a person acting on behalf of the Commission under a contract or other agreement. (employé de la Commission)control booth operator means the Commission employee operating the control booth situated at the Gatineau River entrance to the channel. (préposé du poste de contrôle)motorboat means a motorized boat that(a)is used exclusively for pleasure; or(b)is designed to carry fewer than 10 passengers and is ordinarily used to carry them for remuneration. (bateau à moteur)motor fuel includes gasoline, fuel oil and diesel fuel. (carburant)peace officer means(a)a member of the Royal Canadian Mounted Police, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, designated as a peace officer under paragraph 7(1)(d) of that Act;(b)a police officer in the police department of the City of Gatineau, in the Province of Quebec; and(c)a supernumerary special constable appointed under paragraph 7(1)(c) of the Royal Canadian Mounted Police Act for the purposes of these Regulations and designated as a peace officer under paragraph 7(1)(d) of that Act. (agent de la paix)shuttle boat means a motorized boat that is designed to carry 10 or more passengers and is ordinarily used to carry them for remuneration. (bateau-mouche)waiting area means the area of the channel described in Schedule 2. (aire d’attente)SOR/2007-113, s. 1

Application

2These Regulations do not apply to peace officers or Commission employees acting in the course of their employment or duties, other than the control booth operator acting under sections 10 to 12.

Prohibitions and Obligations

3[Repealed, SOR/2007-113, s. 2]

4No person may, in the channel,(a)swim or bathe;(b)do anything that unreasonably interferes with another person’s use of the channel;(c)behave in a manner that endangers public safety;(d)stop a boat anywhere outside the waiting area, except in the case of an emergency;(e)anchor a boat, except in the case of an emergency;(f)dump sewage or other waste;(g)dump motor fuel or motor oil;(h)sell motor fuel or motor oil or supply a motorboat or a shuttle boat with motor fuel or motor oil; or(i)fuel a motorboat or a shuttle boat with motor fuel or add motor oil to a motorboat’s engine or a shuttle boat’s engine, except in the case of an emergency.SOR/2007-113, s. 3

5No person may operate a boat in the channel if the dimensions, configuration, draught or condition of the boat or the goods or equipment on it could(a)endanger public safety; or(b)delay or obstruct navigation.SOR/2007-113, s. 4

6(1)Every person operating a boat in the channel shall comply with the instructions of a peace officer, the control booth operator or any other Commission employee acting in the course of their employment or duties in respect of the safe and orderly use of the channel.(2)Every person operating a motorboat or a shuttle boat in the channel shall obey the signal lights in the channel, unless otherwise instructed by a peace officer, the control booth operator or any other Commission employee acting in the course of their employment or duties.SOR/2007-113, s. 5, err.(E), Vol. 152, No. 4

7Every person operating a boat in the channel shall control the boat in a manner that minimizes its wake in order to avoid endangering public safety or causing damage to the shoreline, to any other boat or to any structure or object.SOR/2007-113, s. 5

Permission to Enter Channel

8Sections 9 to 12 apply during the hours of operation of the control booth set out by the Commission on a sign posted on the booth.

9No person operating a motorboat or a shuttle boat may enter the channel from the Gatineau River unless the control booth operator has given the person permission to enter the channel.SOR/2007-113, s. 6

10Subject to section 12, the control booth operator shall give a person operating a motorboat permission to enter the channel if(a)there are fewer than 20 motorboats in the channel; and(b)there are fewer than 25 motorboats in total in the channel and Lac de la Carrière.

11Subject to section 12, the control booth operator shall give a person operating a shuttle boat permission to enter the channel if(a)there are no shuttle boats in the channel; and(b)there is not more than one shuttle boat in Lac de la Carrière.

12The control booth operator shall deny a person operating a boat permission to enter the channel if(a)the control booth operator believes, on reasonable grounds, that the person is impaired by alcohol or drugs;(b)the person is behaving in a manner that endangers public safety;(c)the channel is blocked by a disabled boat; or(d)an emergency exists in the channel or in Lac de la Carrière.SOR/2007-113, s. 7

Penalties

13Every person who contravenes any of sections 4 to 7 and 9 is liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both.SOR/2007-113, s. 8

Coming into Force

14These Regulations come into force on October 29, 1998.

SCHEDULE 1(Section 1)Leamy Lake Navigation ChannelThat portion of Leamy Lake, in the City of Gatineau, in the Province of Quebec, the north passage linking Leamy Lake to the Gatineau River and the part of the south passage linking Leamy Lake to Lac de la Carrière, delineated by a line drawn from a point at coordinates 45°27′22″ 75°43′12″ to a point at coordinates 45°27′13″ 75°43′16″, thence to a point at coordinates 45°27′8″ 75°43′19″, thence to a point at coordinates 45°27′9″ 75°43′23″, thence to a point at coordinates 45°27′7″ 75°43′31″, thence to a point at coordinates 45°27′2″ 75°43′33″, thence to a point at coordinates 45°26′59″ 75°43′30″, thence to a point at coordinates 45°26′59″ 75°43′20″, thence to a point at coordinates 45°26′51″ 75°43′22″ and thence in a southerly direction to the concrete abutment supporting the steel arches of the bridge crossing the south passage linking Leamy Lake to Lac de la Carrière, on the east side of the passage, and a line drawn from a point at coordinates 45°27′21″ 75°43′12″ to a point at coordinates 45°27′14″ 75°43′16″, thence to a point at coordinates 45°27′11″ 75°43′18″, thence to a point at coordinates 45°27′7″ 75°43′32″, thence to a point at coordinates 45°27′2″ 75°43′35″, thence to a point at coordinates 45°26′58″ 75°43′30″, thence to a point at coordinates 45°26′58″ 75°43′23″, thence to a point at coordinates 45°26′57″ 75°43′21″, thence to a point at coordinates 45°26′52″ 75°43′22″, thence in a southerly direction to the concrete abutment supporting the steel arches of the bridge crossing the south passage linking Leamy Lake to Lac de la Carrière, on the west side of the passage.SOR/2007-113, s. 9SCHEDULE 2(Section 1)Waiting AreaThat portion of Leamy Lake delineated by a line drawn from a point at coordinates 45°27′09″ 75°43′20″ to a point at coordinates 45°27′09″ 75°43′23″, thence to a point at coordinates 45°27′10″ 75°43′19″ and thence to the starting point.