Canada Marine Act

Marginal note:Traffic control

• 58 (1) For the purpose of promoting safe and efficient navigation or environmental protection, a port authority may designate a person or a member of a class of persons, each of whom shall be furnished with a certificate of designation, to exercise the following powers with respect to ships about to enter or within the port or an area of the port:

  • (a) give a traffic clearance to a ship to enter, leave or proceed within the port or any area of the port;

  • (b) direct the master, the person in charge of the deck watch or any other person in charge of a ship or the pilot to provide information in respect of the ship specified by the designated person;

  • (c) direct a ship to use specified radio frequencies in communications with the port station or other ships; and

  • (d) subject to subsection (2), direct a ship, at a specified time or between specified times,

    • (i) to leave a dock, berth or other port facility,

    • (ii) to leave or refrain from entering any area, or

    • (iii) to proceed to or remain at a specified location.

• Marginal note:Preconditions

  (2) A person designated under subsection (1) may direct a ship to do or refrain from doing anything described in paragraph (1)(d) only if the person believes on reasonable grounds that any of the following circumstances exist:

  • (a) the non-availability of a berth required for the ship;

  • (b) pollution or a reasonable apprehension of pollution in the traffic control zone;

  • (c) the proximity of animals whose well-being could be endangered by the movement of the ship;

  • (d) an obstruction to navigation in the traffic control zone;

  • (e) the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property;

  • (f) the proximity of a ship navigating in an unsafe manner or with improperly functioning navigation equipment or radio equipment, or without charts or publications required by regulations made under paragraph 120(1)(b) of the Canada Shipping Act, 2001;

  • (g) vessel traffic congestion that constitutes an unacceptable risk to shipping, navigation, the public or the environment; or

  • (h) the efficiency of port operations could be compromised.

• Marginal note:Prohibition

  (3) No ship shall

  • (a) if it is required to obtain a traffic clearance, enter, leave or proceed within a port or a traffic control zone without having obtained the clearance; or

  • (b) if required to maintain direct communication with a person designated under subsection (1), proceed within a port or a traffic control zone unless it is able to do so.