Canal Regulations (C.R.C., c. 1564)

Top Wharfage, Side Wharfage and Storage Charges

• 34 (1) Top wharfage charges shall be levied on all goods loaded on or unloaded from vessels in a canal at the rates as set out in Schedule I to the Government Wharves Regulations established under the Government Harbours and Piers Act subject to subsections (2) and (3).

• (2) Top wharfage charges shall only be levied once on goods loaded on and subsequently unloaded from a vessel, or unloaded from and subsequently loaded on a vessel, at the same point in a canal, provided that such goods have not, in the interval, gone through any manufacturing or refining process.

• (3) Top wharfage charges shall not be levied on grain and grain products determined by the Chief to be destined for export out of Canada, and the books and papers of the persons and companies owning or handling such grain and grain products shall be open to inspection and audit by the officers of the Department for the purpose of determining the destination of such grain and grain products and such persons and companies shall satisfy the Chief that such grain and grain products are destined for export out of Canada.

• (4) Goods transhipped from one vessel to another in a canal are subject to top wharfage charges at the rates set out in Schedule I to the Government Wharves Regulations and the charges are payable by the owner of the discharging vessel.

• (5) The quantities on which top wharfage charges shall be computed shall be based on reports, vessel’s manifest and bills of lading furnished by the owner of the vessel or the owner of the goods concerned.

• 35 (1) Subject to subsections (2) and (3), berthage shall be levied on a vessel moored, loading or unloading goods or lying in wait in any canal or in any waters forming part of a canal referred to in subsection 6(1) at the rates set out in Schedule VII.

• (2) No berthage or side wharfage charge shall be levied on a vessel holding a permit issued under subsection 7(1) for the first 24 hours that the vessel is moored at a canal mooring facility.

• (3) No berthage or side wharfage charge shall be levied on a vessel at a canal mooring facility where the cost of collecting that charge would equal or exceed the amount of that charge.

• 36 (1) No goods shall be deposited on or occupy any portion of a restricted area.

• (2) No goods shall be deposited on or occupy any portion of an unrestricted area except with permission in writing of, and as directed by, the Superintending Engineer or the Superintendent.

• (3) Except as provided in subsection (5), storage charges shall be levied on all goods occupying an unrestricted area at the rate of $0.01 per square foot of the area occupied for each period of seven days or portion thereof in a season of navigation and for each period of 20 days or portion thereof in a non-navigation season during which the goods occupy such area.

• (4) The charges set forth in subsection (3) are in addition to top wharfage and side wharfage charges.

• (5) Goods that are not to be loaded directly on to a vessel or that have been unloaded directly from a vessel from or to an unrestricted area are not liable to storage charges until they have occupied such area for 48 hours on any canal.

• 37 (1) Top wharfage, side wharfage and storage charges are payable to the officer appointed by the Chief or Superintending Engineer to collect such charges and, subject to subsection (2), shall be paid by the owner of the vessel or by the owner of the goods

  • (a) in the case of side wharfage charges, by the owner of the vessel before the vessel leaves the canal; and

  • (b) in the case of top wharfage and storage charges, by the owner of the goods before the goods are removed from the canal lands.

• (2) Where the Chief so authorizes, the charges referred to in subsection (1) may be billed and in such case are payable by the owner of the vessel or the goods within 20 days from the date of billing.

• 38 (1) The master of any vessel entering a canal to discharge goods or leaving a canal in which goods have been taken aboard shall, upon the vessel’s arrival in the canal before discharging and prior to the vessel’s departure from the canal after loading, respectively, furnish to the proper officer of the canal correct reports in such form as may be required by the Department specifying the goods making up the vessel’s cargo on entering and on leaving the canal and showing the details of each consignment of all goods loaded or unloaded in the canal and, if so required by the Chief or the Superintending Engineer, certified copies of bills of lading of each consignment and a certified copy of vessel’s manifest shall also be furnished.

• (2) If so authorized by the Chief or the Superintending Engineer, the reports, vessel’s manifest, and bills of lading referred to in subsection (1) shall be furnished at a later date by the owner of the vessel or the owner of the goods.

Loading or Unloading Otherwise Than at a Wharf

39 No vessel shall take on or discharge passengers or goods at any place other than a regular wharf, as determined by the Superintending Engineer, without the express permission in writing of the Chief or Superintending Engineer.

Loading or Unloading in Front of Leased Lots

• 40 (1) Lessees of canal lots facing canals or basins have the first privilege of loading or unloading vessels on the unleased canal property fronting their respective leased lots.

• (2) The Superintending Engineer may, if he sees fit, allow any vessel to discharge on unleased canal property that is fronting on leased lots.

Time Allowance for Loading and Unloading of Goods

• 41 (1) The loading and unloading of goods shall be carried out expeditiously throughout each working day in a manner satisfactory to the Superintending Engineer or the Superintendent.

• (2) Vessels that have ceased discharging or loading, from any cause, are not entitled to retain their berths.

• (3) Goods unloaded shall be removed at once to a point clear of the canal wharves and banks.

Placing Goods on Unleased Land

42 Goods placed on unleased canal land shall be placed as directed by the Superintending Engineer or the Superintendent.

Obstruction of Thoroughfare

• 43 (1) No goods shall be placed on canal wharves or lands so as to obstruct any thoroughfare, or hinder free passage for persons, teams or vehicles along the front of such wharves or lands.

• (2) Goods shall not be loaded or unloaded at any lock.

Goods Left on Wharves or Canal Property Beyond Time Limit

• 44 (1) In the event of violation of section 41, 42 or 43, the Superintending Engineer or the Superintendent may remove any goods remaining on the wharf or canal land longer than permitted by these Regulations to any place that he sees fit and such removal shall be made at the cost of the owner of the goods or of the owner of the vessel from which they were unloaded or to which they are to be loaded, and the costs and the penalties incurred for such violation constitute a lien upon the goods, and the goods shall not be delivered to or removed by any person until all such costs and penalties are paid; and notwithstanding such removal by or on the orders of the Superintending Engineer or the Superintendent, such goods continue to be at the risk of the owner thereof.

• (2) If, within 30 days after the removal of goods under subsection (1), the costs and penalties due under subsection (1) are not paid, the Chief may sell, by public auction or otherwise, the goods and apply the net proceeds in payment or part payment of such costs and penalties and the balance, if any, owing to the Department shall be recoverable with costs from the owners.

• (3) The surplus net proceeds, if any, from the sale of goods under subsection (2) after the payment of the costs and penalties shall be paid to the owners.

Wintering and Lying-Up

• 45 (1) No vessel shall winter or lie-up in any canal without permission in writing of the Superintending Engineer or the Superintendent.

• (2) All risk and responsibility for a vessel wintering or lying-up in a canal and any damage the vessel may sustain shall rest with the owner.

Wintering and Lying-Up Charges

• 46 (1) The owner of any vessel wintering in a canal shall pay wintering charges at the rates set out in Schedule III.

• (2) The owner of any vessel lying-up in a canal shall pay lying-up charges at the rates set out in Schedule IV.

• (3) The owner of the vessel wintering or lying-up in a canal shall pay to the Superintending Engineer wintering charges in advance and lying-up charges prior to the vessel leaving its lying-up berth except that, if so authorized by the Chief, these charges shall be paid by the owner within 20 days after the date of the Department’s account for such charges.

• (4) In addition to the payment of wintering charges, the owner of any vessel being moved into a wintering berth is liable for all damages to canal property occasioned by such movement.

Building, Repairing and Breaking Up of Vessels

• 47 (1) No person shall build, repair or break up any vessel in any canal or on canal lands except with the written permission of the Superintending Engineer.

• (2) No person shall authorize or do any repair work other than minor machinery repairs on any oil tanker while such tanker is in any canal or is dry docked on canal lands without the written permission of the Superintending Engineer or Superintendent, which permission shall be granted only on presentation of a certificate from a qualified chemical inspection company stating that the vessel is gas-free and safe for the work proposed.

• (3) Except as otherwise provided in Part II, charges shall be levied on a vessel being built, repaired or broken up in any canal at the rates set out in Schedule V.

• (4) In all cases of the building, repairing or breaking up of a vessel on canal property, the vessel shall be at the risk of the owner.

Removal of Abandoned and Sunken Vessels, Vehicles or Things

• 48 (1) The Chief may remove or destroy, by explosive or otherwise, any vessel that is abandoned, sunken, lying ashore or grounded in any canal and may, by public auction or otherwise, sell such vessel, together with the cargo, and apply the proceeds for reimbursement for the expenses incurred.

• (2) If the net proceeds of the sale under subsection (1) are not sufficient to meet expenses, the amount of the deficiency shall be recoverable with costs from the owner or person in charge of the vessel or from the owner of any vessel which was used to move such vessel.

• (3) The Chief may remove or destroy by explosives or otherwise any vehicle, structure or thing abandoned, sunken or lying ashore in any canal or abandoned on canal land, and may, by public sale or otherwise, sell such vehicle, structure or thing and apply the proceeds for reimbursement for the expenses incurred.

• (4) If the net proceeds of the sale under subsection (3) are not sufficient to meet expenses, the amount of deficiency shall be recoverable with costs from the owner of such vehicle, structure or thing.

Explosives, Dangerous Cargo and Oil Products

• 49 (1) No vessel whose cargo consists in whole or in part of any explosive material, corrosive liquid or oxidizing material shall pass through any portion of any canal except with the written authority of the Minister and subject to such conditions and restrictions laid down in such authority.

• (2) No high explosive or dangerous goods shall be brought on or carried over canal land except with the written authority of the Minister.

• (3) A vessel employed in carrying explosives or dangerous or flammable goods such as fuel oil, crude oil or gasoline, shall, whether loaded, partly loaded or empty, fulfil all requirements of the Chief, Superintending Engineer or Superintendent while in canal waters.

• (4) On oil tankers and similar vessels that carry flammable liquids there shall be provided and placed, when docking or locking, a sufficient number of timber fenders between the vessel’s hull and the dock or lock wall to prevent any metallic portion of such vessel from touching the side of the lock or dock wall.

Warning Signals on Vessels with Dangerous Cargoes

• 50 (1) A vessel whose cargo consists, in whole or in part, of explosives or flammable or otherwise dangerous liquids shall fly by day a red flag and at night shall show a red light.

• (2) Both the flag and the light referred to in subsection (1) shall be displayed at the masthead or at another conspicuous position acceptable to the Superintendent and shall be visible all around for a distance of at least one mile.

Dropping Anchor

• 51 (1) No anchor shall be dropped from any vessel in any canal unless an emergency exists.

• (2) The action of dropping an anchor shall be reported to the Superintending Engineer or the Superintendent immediately and the owner of the vessel shall be responsible for all damages caused and repairs or salvage necessitated by such action.

Sparks and Smoke from Vessels and Blowing Off Tubes

• 52 (1) Vessels within canal waters shall take the necessary precautions to avoid the emission of sparks or excessive smoke.

• (2) No vessel shall blow off boiler tubes in any canal.

Refuse

53 No person shall deposit oil, oil sludge or other flammable or dangerous substance, garbage, ashes, paper, ordure, litter or other materials in canal waters or on canal property.

Disposal of Snow

54 No person shall deposit snow or ice in any canal or on canal property except with the written permission of and as directed by the Superintending Engineer.

Interference with Water Supply and Canal Works

• 55 (1) Only a person authorized by the Chief, Superintending Engineer or Superintendent may open or shut the gates or sluices of the locks, waste weirs or dams or draw down or raise the water level of a canal by any means whatever.

• (2) No person shall interfere with any canal works or property.