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Vessel Operation Restriction Regulations

Version of section 10.1 from 2022-02-21 to 2024-04-01:

  •  (1) The Minister may, after considering the factors listed in subsection (1.1), issue a permit, for a period specified in the permit, that authorizes the person in whose name the permit is issued to operate a vessel in the waters referred to in any of subsections 2(1) to (5) and (7) in a manner that is contrary to those subsections for any of the following purposes:

    • (a) developing aquaculture;

    • (b) conducting scientific research;

    • (c) accessing a historical, cultural, ecological or geological site;

    • (d) educating the public on the marine environment;

    • (e) protecting the environment;

    • (f) supporting the construction and maintenance of infrastructure; and

    • (g) ensuring safety during activities and events other than those referred to in subsections 11(2) and (3).

  • (1.1) The factors referred to in subsection (1) are the following:

    • (a) the protection of the public interest;

    • (b) the protection of the environment;

    • (c) the safe and efficient navigation of vessels;

    • (d) the type and size of the vessel to which the permit relates;

    • (e) the intended use of the vessel; and

    • (f) the characteristics of the body of water.

  • (2) The Minister shall set out in the permit any conditions that are necessary to protect the public interest and the environment and to minimize risk to the safety of persons and interference with the safe and efficient navigation of vessels.

  • (3) The person in whose name the permit is issued shall comply with the conditions set out in the permit.

  • (4) The Minister shall cancel the permit in either of the following circumstances and notify the permit holder of the cancellation:

    • (a) the permit holder has knowingly provided false or misleading information to obtain the permit; or

    • (b) the permit holder does not comply with the conditions set out in the permit and the non-compliance interferes with the navigation of vessels or endangers the safety of persons or the environment.

  • SOR/2010-34, s. 5
  • SOR/2014-210, s. 3
  • SOR/2018-204, s. 2
  • SOR/2022-24, s. 1

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