An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence (S.C. 2008, c. 21)
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Assented to 2008-06-18
An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence
S.C. 2008, c. 21
Assented to 2008-06-18
An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence
SUMMARY
This enactment amends the Canada Marine Act to clarify and make technical changes to certain provisions. As well, the amendments
(a) modify the Act’s purpose;
(b) modify a port authority’s access to federal funding;
(c) add provisions regarding the power of a port authority to borrow money;
(d) provide additional regulatory powers to the Governor in Council;
(e) add provisions regarding port amalgamation;
(f) modify provisions regarding the appointment of directors of port authorities; and
(g) add a penalty scheme and streamline certain other enforcement provisions.
The amendments also include transitional provisions, corrections to other Acts and consequential amendments to other Acts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1998, c. 10CANADA MARINE ACT
1. (1) The definitions droits and installations portuaires in subsection 2(1) of the French version of the Canada Marine Act are repealed.
(2) The definitions “goods” and “port authority” in subsection 2(1) of the Act are replaced by the following:
“goods”
« marchandises »
“goods” includes personal property and movables, other than ships.
“port authority”
« administration portuaire »
“port authority” means a port authority incorporated or continued under this Act.
(3) The definitions “fees” and “port facility” in subsection 2(1) of the English version of the Act are replaced by the following:
“fees”
« droit »
“fees” includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges, but does not include payments made under a lease or licence agreement.
“port facility”
« installation portuaire »
“port facility” means a wharf, pier, breakwater, terminal, warehouse or other building or work that is located in, on or adjacent to navigable waters that is used in connection with navigation or shipping, land incidental to its use and any land adjacent to navigable waters that is used in connection with navigation or shipping.
(4) Paragraph (b) of the definition “owner” in subsection 2(1) of the Act is replaced by the following:
(b) in the case of goods, the agent, sender, consignee or bailee of the goods, as well as the carrier of the goods to, on, over or from any real property or immovables to which this Act applies.
(5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:
« droit »
“fees”
droit S’entend de toute forme de taxe, péage, contribution ou redevance, notamment pour l’accès, l’accostage et l’amarrage au port, à l’exclusion de toute somme versée au titre d’un bail ou d’un permis.
« installation portuaire »
“port facility”
installation portuaire Quai, jetée, brise-lames, terminal, entrepôt ou autre construction situés dans les eaux navigables ou à la surface ou à proximité de celles-ci — y compris les terrains liés à leur utilisation ou adjacents aux eaux navigables — et affectés à la navigation ou au transport par eau.
2. The heading before section 4 of the Act is replaced by the following:
PURPOSE
3. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:
Marginal note:Purpose of the Act
4. In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the purpose of this Act is to
(a) implement marine policies that provide Canada with the marine infrastructure that it needs and that offer effective support for the achievement of national, regional and local social and economic objectives and will promote and safeguard Canada’s competitiveness and trade objectives;
(a.1) promote the success of ports for the purpose of contributing to the competitiveness, growth and prosperity of the Canadian economy;
(2) Paragraph 4(h) of the Act is replaced by the following:
(h) promote coordination and integration of marine activities with surface and air transportation systems.
4. Subsection 6(2) of the Act is replaced by the following:
Marginal note:Amendment of schedule
(2) The Minister may, by regulation, amend the schedule.
5. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Letters patent
8. (1) The Minister may issue letters patent — that take effect on the date stated in them — incorporating a port authority without share capital for the purpose of operating a particular port in Canada if the Minister is satisfied that the port
(2) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of letters patent
(2) The letters patent shall set out the following:
(3) Subparagraph 8(2)(f)(iii) of the Act is replaced by the following:
(iii) one individual appointed by the province in which the port is situated, and, in the case of the port wholly or partially located in Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and
(4) Paragraph 8(2)(l) of the Act is replaced by the following:
(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes or a code governing that power, as the case may be; and
6. Section 9 of the Act is replaced by the following:
Marginal note:Supplementary letters patent
9. (1) The Minister may, either on the Minister’s own initiative and after giving notice of the proposed changes to the board of directors, or when the board of directors has, by resolution, requested it, issue supplementary letters patent amending the letters patent of a port authority if the Minister is satisfied that the amendment is consistent with this Act, and the supplementary letters patent take effect on the date stated in them.
Marginal note:Notice
(2) Notice must be given in writing and set out a time limit within which the board of directors may comment to the Minister regarding the proposed changes.
7. (1) Subsections 10(1) and (2) of the Act are replaced by the following:
Marginal note:Continuance of harbour commissions
10. (1) If the Minister is satisfied that the criteria set out in subsection 8(1) are met, the Minister may issue in respect of one or more harbour commissions established under the Harbour Commissions Act, letters patent continuing the harbour commission as a port authority that set out the information required by subsection 8(2).
Marginal note:Effect of letters patent
(2) On the day on which the letters patent are issued, the harbour commission becomes a port authority and the Harbour Commissions Act ceases to apply.
(2) The portion of subsection 10(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rights and obligations preserved — harbour commissions
(3) The rights and obligations of a port authority that was one or more harbour commissions immediately before letters patent were issued are as follows:
(3) Paragraph 10(3)(d) of the Act is replaced by the following:
(d) the personal property or movable, and any rights related to it, that the harbour commission manages, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;
8. (1) Paragraph 12(3)(d) of the Act is replaced by the following:
(d) the personal property or movable, and any rights related to it, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;
(2) Paragraph 12(4)(d) of the Act is replaced by the following:
(d) the personal property or movable, and any rights related to it, that relate to the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;
9. The Act is amended by adding the following after section 13:
Amalgamation of Port Authorities
Marginal note:Directors
13.1 (1) The Governor in Council may remove any director of an amalgamating port authority during the period that begins on the day on which the Governor in Council requires the amalgamation and ends on the day before the day on which the amalgamation takes effect.
Marginal note:Subsection 14(2.3)
(2) Subsection 14(2.3) does not apply to a director of an amalgamating port authority who holds office on the day on which the Governor in Council requires the amalgamation.
Marginal note:Fees continued
(3) A fee that is in force in respect of a port on the day on which an amalgamation takes effect continues in force for a period that ends on the earlier of the expiry of six months and the day on which it is replaced by a fee fixed under subsection 49(1).
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