Regulations Amending the Port Authorities Operations Regulations: SOR/2020-220
Canada Gazette, Part II, Volume 154, Number 22
Registration
SOR/2020-220 October 6, 2020
CANADA MARINE ACT
P.C. 2020-772 October 2, 2020
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsection 62(1) footnote a of the Canada Marine Act footnote b, makes the annexed Regulations Amending the Port Authorities Operations Regulations.
Regulations Amending the Port Authorities Operations Regulations
Amendments
1 The heading to Part 3.1 of Schedule 1 to the Port Authorities Operations Regulations footnote 1 is replaced by the following:
Hamilton-Oshawa Port
2 Item 17 of Part 3.1 of Schedule 1 to the Regulations is replaced by the following:
| Item | Column 1 Activity |
Column 2 Authorization by posted signs or forms |
Column 3 Authorization to a person |
Column 4 Prohibited (section 6) |
|---|---|---|---|---|
| 17 | fishing |
|||
| (a) in a designated area under a scientific permit issued by the Department of Fisheries and Oceans | X | |||
| (b) in a designated area without a scientific permit issued by the Department of Fisheries and Oceans | X | |||
| (c) anywhere else | X |
3 Part 3.1 of Schedule 1 to the Regulations is amended by adding the following after item 24:
| Item | Column 1 Activity |
Column 2 Authorization by posted signs or forms |
Column 3 Authorization to a person |
Column 4 Prohibited (section 6) |
|---|---|---|---|---|
| 25 | venturing out onto ice | X | ||
| 26 | travelling at a reduced rate of speed so as not to cause damage by bow-wave or wash to other crafts, tows, wharfs or structures or to any work or person | X |
4 Part 6.1 of Schedule 1 to the Regulations is repealed.
Coming into Force
5 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In June 2019, the Hamilton Port Authority (HPA) and the Oshawa Port Authority (OPA) were amalgamated into the Hamilton-Oshawa Port Authority (HOPA). The Hamilton-Oshawa Port is not listed in Schedule 1 (the Schedule) of the Port Authorities Operations Regulations (the Regulations). The Canada Marine Act (CMA) requires the Regulations to be updated to reflect the amalgamation.
Objective
The objective of these amendments is to reflect the amalgamated Hamilton-Oshawa Port Authority in the Regulations.
Description
The amendments repeal the activity lists of the HPA and the OPA and create a new part to Schedule 1 to set out an amalgamated activity list for the Hamilton-Oshawa Port. This single activity list will outline the permitted and prohibited activities, as well as the port’s authorization powers.
Regulatory development
Consultation
These amendments are a result of the amalgamation of the HPA and the OPA. The certificate of intent to amalgamate the port authorities was published in the Canada Gazette, Part I, on February 9, 2019, where stakeholders and all affected groups were publicly invited to comment on this port amalgamation. No comments were received during this consultation. Following this consultation, the certificate of amalgamation for HOPA was published in the Canada Gazette, Part I, on June 8, 2019.
The amendments creating HOPA’s activity list do not result in new or modified activities or authorizations for the HOPA or its users; therefore, no consultations specific to these amendments were undertaken. As well, the amendments have been exempted from prepublication in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
Indigenous groups were consulted on the amalgamation of the HPA and OPA to form the HOPA. As a result of these consultations, no modern treaty implications or obligations were identified, nor did the amendments trigger the Crown’s duty to consult.
Instrument choice
Pursuant to section 61 of the CMA, Canada Port Authorities (CPAs) shall take appropriate measures to maintain order and the safety of persons and property at the port. As a CPA, the HOPA would now exercise its powers to authorize certain activities at the port through the Regulations, in line with all other CPAs.
Since the Certificate of Amalgamation for HOPA was published in the Canada Gazette, Part I, in June 2019, stakeholders were already aware of these upcoming regulatory amendments. To ensure compliance with the CMA, and to eliminate ambiguity on the permitted and prohibited activities, as well as the port’s authorization powers, these minor housekeeping regulatory amendments were determined to be the most effective instrument to address this issue.
Regulatory analysis
Benefits and costs
These amendments seek to clarify requirements currently set out and in effect from the Certificate of Amalgamation which was published in the Canada Gazette, Part I, on June 8, 2019. As a result, no new substantive requirements and no costs are being introduced with these amendments.
The associated benefits are to provide clarity to port users by setting out authorized activities in the Regulations and by removing references to previous port names.
Small business lens
The small business lens does not apply to these amendments, as there are no costs to small businesses.
One-for-one rule
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs to businesses.
Regulatory cooperation and alignment
The amendments do not have any implications on regulatory cooperation nor do they impact the mandate of any other minister.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus
No gender-based analysis plus (GBA+) impacts have been identified for these amendments.
Implementation
The amendments to the Regulations will come into force on the date on which they are registered.
Contact
Véronique Proulx
Manager/Senior Policy Advisor
Marine Policy
Transport Canada
Telephone: 613‑851‑6574
Email: veronique.proulx@tc.gc.ca