Hamilton-Oshawa Port Activity Rules

Summary#

The final rule Regulations Amending the Port Authorities Operations Regulations: SOR/2020-220 updates the national port rules to reflect the merger of the Hamilton Port Authority and the Oshawa Port Authority into the Hamilton-Oshawa Port Authority. The amendments, registered on October 6, 2020 and published in the Canada Gazette on October 28, 2020, consolidate and clarify which activities are allowed or prohibited at the newly amalgamated port.

What it does#

• Replaces the schedule heading to identify the port as the Hamilton-Oshawa Port.
• Replaces the activity list for fishing to reflect how fishing is handled in the amalgamated port, including references to scientific permits issued by the Department of Fisheries and Oceans.
• Adds two new listed items to the port activities:
  • venturing out onto ice (new item).
  • travelling at a reduced speed to avoid damage by bow-wave or wash to other craft, structures or people (new item).
• Repeals Part 6.1 of Schedule 1 (an older list or provision is removed).
• Confirms these are housekeeping changes that combine the separate activity lists for the former ports into one list for the Hamilton-Oshawa Port Authority and do not create new substantive requirements.
• These amendments came into force on the day they were registered (October 6, 2020).

Who's affected#

• Users of the port area at Hamilton and Oshawa: commercial operators, recreational boaters, and fishers who work or travel in those waters.
• The Hamilton-Oshawa Port Authority, which now has a single, consolidated set of authorized and prohibited activities under the Port Authorities Operations Regulations.
• The Department of Fisheries and Oceans is mentioned because scientific fishing permits are referenced; licensed scientific fishers may be affected by how permits are recognized in the port’s activity list.
• The regulatory note says no new costs are imposed on businesses or small businesses, and Indigenous consultations found no treaty implications for these specific amendments.

Why it matters#

• It removes confusion caused by having two separate activity lists after the two ports merged. Port users now have a single, clearer set of rules for what is allowed, what needs port authorization, and what is prohibited at the combined port.
• The change is largely administrative: it does not introduce new restrictions or fees. It simply makes the rules match the new, merged port structure under the Canada Marine Act so enforcement and compliance are clearer.