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Harbour authority licence templates - Licence model B

Instructions for harbour authorities:

Payment of licence fees:

The decision whether to make fees payable in advance or within thirty (30) days of receipt of the related invoice in Section 1 is the discretion of the Harbour Authority. The template should be adapted to reflect the Harbour Authority's preferred approach.

General liability insurance policy :

Section 10 of the template refers a minimum coverage required by the Harbour Authority in terms general liability insurance policy. Such coverage should be at least $2,000,000 for personal injury, death or property damage covering all damages and loss resulting from the Licensee's operation or use of the Site.

However, if the specific activity or the risk of injury warrants, a higher amount of coverage should be required.

Harbour authority of ________________

Licence number:

Licensee:

Contact person (if different from licensee):

Telephone number of licensee:

Telephone number of contact person:

Cellphone number of licensee:

Cellphone number of contact person:

Effective date:

Expiry date:

Amount invoiced

Invoicing address:

This Licence is issued to the above named Licensee by the Harbour Authority of ______________ (the "Harbour Authority") and authorizes the Licensee to conduct the authorized activities: (insert purpose of Licence) ____________________on the Site designated by the Harbour Authority, at his sole discretion.

Upon the following terms and conditions:

  1. The Licensee agrees to pay all fees governed by this Licence, including any electrical, fuel or other costs associated with the use of equipment, as and when required by the Harbour Authority. Fees in the amount of $ ___________ are due and payable in advance or within thirty (30) days of receipt of the related invoice, and such as the Harbour Authority may advise, in writing. All fees paid are non-refundable.
  2. The Licensee is responsible for all taxes, rates and assessments arising out of the granting of this Licence.
  3. The Licensee agrees to respect and comply with all applicable federal, provincial and territorial laws, regulations and rules in addition to all municipal bylaws that apply to this Licence as well as all Harbour Authority rules, policies and directives including those that may be introduced during the term of this Licence.
  4. The Licensee shall comply with all applicable safety and environmental standards and regulations.
  5. All equipment used at the Site must comply with applicable safety codes and standards.
  6. The Licensee shall not introduce or permit the introduction of any harmful substance into the marine environment.
  7. In case of emergency, the Licensee shall not restrict any access to the Site, by first responders, emergency personnel, employees or agents of the Harbour Authority or Small Craft Harbours.
  8. The Licensee will be held responsible for any cost associated with damage to property, personal injury, or environmental contamination resulting from his/her use of the premises excluding usage the Harbour Authority deems to be related to normal wear and tear.
  9. The operations of the Licensee must not interfere with the public use and operations of the Site.
  10. The Licensee shall obtain, at its expense, a comprehensive general liability insurance policy against any claims for personal injury, death or damage to property satisfactory to the Harbour Authority covering all damages and loss resulting from the Licensee's operation or use of the Site. The policy is to be effective during the term of this Licence, and any renewal of it. The "Harbour Authority of _____________________" and "His Majesty the king in Right of Canada (represented by the Minister of Fisheries and Oceans Canada)" shall be listed as additional insureds.
  11. Upon request, the Licensee shall provide to the Harbour Authority, a certified copy of the insurance policy with proof of premium payments. The Licensee shall immediately notify, in writing, the Harbour Authority of any changes to or cancellation of the policy.
  12. This Licence may be cancelled upon notice being given at any time by either party. Termination is effective thirty (30 days) or as otherwise mutually agreed upon by the parties. Termination of this Licence does not negate any fees owing by the Licensee.
  13. The Harbour Authority reserves the right to cease the provision of services, without liability, or terminate this Licence, by providing twenty-four (24) hours written notice, should the Licensee fail to comply with the conditions presented in this Licence.
  14. Notwithstanding any provision of this Licence, if the Harbour Authority has reasonable grounds to believe that the activities authorized by this Licence may endanger the safety of the harbour or the public, the Harbour Authority may terminate this Licence, in writing and without notice.
  15. Upon termination of this Licence, the Licensee must immediately remove, at the Licensee's own cost and expense, all of its equipment, and all structures erected by it on the Site and restore the Site to a condition satisfactory to the Harbour Authority.
  16. In the event that, at the end of this Licence, the equipment or any structures that have been erected are not removed from the Site, the Harbour Authority reserves the right to relocate them, even if this action is beyond the terms of this Licence. The Licensee acknowledges that they shall be responsible for all costs incurred and agrees to hold harmless and indemnify the Harbour Authority from and against all claims, penalties, suits, demands and actions, present and future, in connection with the removal of its equipment and any structures they have erected.
  17. The Licensee cannot transfer or assign this Licence or any of its rights under this Licence.
  18. The obligations of the Licensee under Sections 15 and 16 shall survive the expiration or termination of this Licence.

I have read this Licence, understand its contents, and agree to its terms and conditions.

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