Coordinating Cleanup with Port Authorities in Canada

Harbor debris removal operations in Canada are subject to the jurisdiction of multiple authorities, depending on the specific location of the operation, the type of debris involved, and whether the work affects navigation or fish habitat. Understanding which authority has jurisdiction and how to engage with each is the first step in organizing a compliant and effective cleanup.

An organized harbor cleanup in progress. Photo: U.S. Navy / Wikimedia Commons (public domain).

Jurisdictional Framework

Canadian marine areas fall under overlapping federal jurisdiction. The three primary federal bodies involved in harbor debris operations are:

Authority	Primary Legislation	Relevant to Debris Operations
Transport Canada	Canada Shipping Act, 2001; Canada Marine Act	Navigation safety, vessel operations, port regulations
Fisheries and Oceans Canada (DFO)	Fisheries Act; Oceans Act	Fish habitat, derelict fishing gear recovery, aquaculture debris
Canadian Coast Guard (CCG)	Canada Shipping Act, 2001	Marine pollution response, aids to navigation, wreck marking

Port authorities — either Canada Port Authorities (CPAs) established under the Canada Marine Act, or Public Port Facilities operated under Transport Canada — hold operational jurisdiction over specific harbor areas. Local harbor commissions in smaller communities may operate under provincial authority rather than federal oversight.

Identifying the Relevant Authority

Before planning a harbor cleanup, the operator must identify which authority has jurisdiction over the specific area where work will occur. This is not always self-evident, particularly in harbors where different berth areas fall under different authorities.

Canada Port Authorities (Federal Port Authorities)

Canada's major commercial ports, including the Vancouver Fraser Port Authority, Halifax Port Authority, and Port of Montreal, are governed by letters patent issued under the Canada Marine Act. CPAs have broad authority over in-port activities and typically require prior authorization for any in-water work, including debris removal, within their jurisdiction.

Small Craft Harbors (DFO)

The majority of Canada's fishing harbors are classified as Small Craft Harbors (SCH) and fall under DFO's Small Craft Harbors program. These harbors are operated by local Harbor Authorities — non-profit organizations that manage day-to-day operations under a licensing agreement with DFO. For cleanup operations at SCH facilities, initial contact should be made with the local Harbor Authority, which can escalate to DFO regional staff where federal authorization is required.

Pre-Operation Steps

Step 1: Notify the Port Authority or Harbor Authority

Any cleanup involving in-water activity — removing submerged debris, recovering gear at depth, or using a vessel for debris collection — requires advance notification to the authority managing that harbor area. Notification should include:

• Date(s) and time window for the planned operation
• Type of debris targeted (surface floating debris, submerged gear, shoreline litter)
• Number and type of vessels involved
• Number of personnel involved, including dive team members if applicable
• Organization or individual responsible for the operation
• Proposed disposal method for recovered debris

Step 2: Check for Navigation Advisories

Before entering active harbor water areas with a cleanup vessel, check current Notices to Mariners (NOTMAR) for the relevant region. Active shipping movements, dredging operations, or other in-water activities may affect planned cleanup locations.

Step 3: DFO Notification for Gear Recovery

If the operation will involve recovery of derelict fishing gear that may affect fish habitat (for example, gear removal from eelgrass beds or kelp forests), contact the relevant DFO regional office to determine whether a fish habitat authorization is required under section 35 of the Fisheries Act.

Large-scale marine debris field recovery. Photo: NOAA / Wikimedia Commons (public domain).

During the Operation

Coordination during active cleanup operations involves maintaining communication with the port or harbor authority, particularly if conditions change or unexpected debris types are encountered.

Waste Disposal Coordination

Most Canadian Port Authorities and DFO Small Craft Harbor facilities have port waste reception facilities that accept debris recovered from in-harbor cleanup operations. Confirm the specific accepted waste streams with the harbor manager before the operation begins. Not all facilities accept:

• Synthetic fishing nets (some require advance booking of container space)
• Contaminated materials (oil-soaked absorbents, antifouling-painted wood)
• Electronic waste from abandoned vessel equipment

Post-Operation Reporting

A post-operation report to the relevant authority is required where authorization was obtained before the operation, and is good practice in all cases. The report should include a summary of debris removed by category and quantity, GPS or zone data for removal locations, any incidents or unexpected conditions encountered, and disposal confirmation (waste manifests where applicable).

Where recovered gear bore identification markings, the report should include notification to DFO of the licence or vessel identifiers found, in accordance with the DFO Lost Fishing Gear Recovery protocol.

Longer-Term Coordination: Community and Repeat Operations

For organizations conducting regular harbor cleanup activities, establishing a memorandum of understanding (MOU) or annual authorization agreement with the relevant harbor authority simplifies the notification process for repeat operations. Several DFO Small Craft Harbor authorities in British Columbia and Nova Scotia have established standing authorization frameworks for registered volunteer cleanup organizations, allowing expedited access to harbor areas during scheduled cleanup periods.

Transport Canada's ports and harbors directorate can advise on formal arrangements for organizations operating across multiple CPA-managed ports.