(2) A person designated under subsection (1) may direct a ship to do or refrain from doing anything described in paragraph (1)(d) only if the person believes on reasonable grounds that any of the following circumstances exist:
(a) the non-availability of a berth required for the ship;
(b) pollution or a reasonable apprehension of pollution in the traffic control zone;
(c) the proximity of animals whose well-being could be endangered by the movement of the ship;
(d) an obstruction to navigation in the traffic control zone;
(e) the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property;
(f) the proximity of a ship navigating in an unsafe manner or with improperly functioning navigation equipment or radio equipment, or without charts or publications required by regulations made under paragraph 562.1 (1)(a) of the Canada Shipping Act; or
(g) vessel traffic congestion that constitutes an unacceptable risk to shipping, navigation, the public or the environment.
(3) Subject to subsection (4), no ship shall
(a) if it is required to obtain a traffic clearance, enter, leave or proceed within a port or a traffic control zone without having obtained the clearance; or
(b) if required to maintain direct communication with a person designated under subsection (1), proceed within a port or a traffic control zone unless it is able to do so.
(4) Where a ship is unable to obtain a traffic clearance because it cannot establish direct communication with a person designated under subsection (1) or, after receiving a traffic clearance, is unable to maintain direct
(a) has been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or
(b) makes no substantive change to an existing measure.
(6) Subsection (1) does not apply where the port authority is satisfied that an emergency situation exists, but the port authority shall publish the measure as soon as possible after it comes into force.
49. (1) For the purpose of promoting safe and efficient navigation or environmental protection, a port authority may designate persons to exercise the following powers with respect to ships about to enter or within the port or a traffic control zone:
(a) give a traffic clearance to a ship to enter, leave or proceed within a traffic control zone;
(b) direct the master, pilot, person in charge of the deck watch or any other person in charge of a ship to provide specified information in respect of the ship;
(c) direct a ship to use specified radio frequencies in communications with coast stations or other ships; and
(d) subject to subsection (2), direct a ship, at a specified time or between specified times,
(i) to leave a traffic control zone,
(ii) to leave or refrain from entering any area within a traffic control zone, or
(iii) to proceed to or remain at a specified location within a traffic control zone.
