SOR/86-1026198610

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20198

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NAVIGABLE WATERS PROTECTION ACTFerry Cable RegulationsRegulations Respecting Ferry Cables in Navigable WatersP.C.1986-2335198610

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to paragraphs 28(a) and (b) and section 29 of the Navigable Waters Protection Act, is pleased hereby to revoke the Ferry Cable Regulations, C.R.C., c. 1230 and to make the annexed Regulations respecting ferry cables in navigable waters, in substitution therefor.Short Title

1These Regulations may be cited as the Ferry Cable Regulations.

Interpretation

2In these RegulationsAct means the Canadian Navigable Waters Act; (Loi)down means, in respect of a ferry cable, that the ferry cable is resting on the bed of a navigable water; (abaissé)raised means, in respect of a ferry cable, that the ferry cable is not resting on the bed of a navigable water. (relevé)2019, c. 28, s. 187

Approval

3(1)No person shall lay, stretch or maintain a ferry cable across, over, in or under any navigable water unless his plans for the ferry cable are approved by the Minister.(2)The Minister shall approve the plans referred to in subsection (1) if the Minister determines that the operation of the ferry cable will not interfere with the safety of navigation on the navigable water and that the vessel to be used in the operation of the ferry cable meets the requirements prescribed by or under the Canada Shipping Act.SOR/94-374, s. 6

4The plans referred to in subsection 3(1) shall contain the following information:(a)the name of the navigable water, the proposed location of the ferry cable and the depth of water at the proposed location;(b)the type of operations for which the ferry cable is to be used;(c)the specifications and description of the ferry cable;(d)the lighting and signals proposed for the on-shore terminal ends of the ferry cable;(e)the proposed hours of operation of the ferry cable;(f)the proposed schedule of crossings of the navigable water; and(g)where the ferry cable is to be operated on a seasonal basis, the proposed period of operation of the ferry cable.

Lights

5(1)The owner of a ferry cable shall(a)install a red light and a green light at each of the on-shore terminal ends of the ferry cable in such a manner that the lights are clearly visible from a vessel approaching the ferry cable from any direction;(b)where the ferry cable is in the raised position, ensure that the red lights referred to in paragraph (a) are illuminated;(c)where the ferry cable is in the down position, ensure that the green lights referred to in paragraph (a) are illuminated; and(d)ensure that the red lights or the green lights referred to in paragraph (a) are illuminated 24 hours a day to indicate the position of the ferry cable.(2)Where the Minister has approved plans for the operation of a ferry cable on a seasonal basis, subsection (1) does not apply outside the period of operation of the ferry cable.SOR/94-374, s. 6(F)

Operation

6The owner of a ferry cable shall operate the ferry cable in accordance with the plans for the ferry cable approved by the Minister under subsection 3(2).

7The owner of a ferry cable shall maintain the ferry cable in the down position when it is not in use.

8No person in charge of a vessel shall navigate the vessel across a ferry cable when the red lights are illuminated at the on-shore terminal ends of the ferry cable.

9The owner of a ferry cable shall maintain on duty, in charge of the ferry cable, a responsible person capable of operating the ferry cable safely.

Punishment

10Every person who violates any provision of these Regulations is liable on summary conviction to a fine of $500 or to imprisonment for a term of six months or to both.