Canada Marine Act (S.C. 1998, c. 10)

PART 5Human Resources

Seaway

Marginal note:Successor rights

130 On the coming into force of an agreement entered into under subsection 80(5), sections 44 to 46 of the Canada Labour Code apply as if

• (a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and

• (b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.

Marginal note:Designation of employees

131 The Minister may designate any employee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 80(5) as a designated employee for that property or undertaking.

Local Port Corporations

Marginal note:Successor rights

132 On the continuance of a local port corporation under section 12 as a port authority, sections 44 to 46 of the Canada Labour Code apply as if

• (a) a sale of a business had taken place between the local port corporation and the port authority; and

• (b) the employees of the local port corporation were employees of the business.

Harbour Commissions

Marginal note:Successor rights

133 Where, under section 10, letters patent are issued to a harbour commission continuing it as a port authority, sections 44 to 46 of the Canada Labour Code apply as if

• (a) a sale of a business had taken place between the harbour commission and the port authority; and

• (b) the employees of the harbour commission were employees of the business.

Non-corporate Ports of Canada Ports Corporation

Marginal note:Designation by Minister

134 For the purposes of sections 135 to 137, the Minister may designate any employee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act, as a designated employee for that port.

Marginal note:Successor rights

• 135 (1) Where, under section 12, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and

  • (b) the employees designated under section 134 for that non-corporate port were employees of the business.

• Marginal note:Successor rights

  (2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 134 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 12, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty.

• Marginal note:Deemed continuous

  (3) The employment of the designated employees is deemed to be continuous.

Marginal note:Minister’s powers

• 136 (1) The Minister may, on behalf of Her Majesty, appoint any employees that the Minister considers appropriate for the operation of a non-corporate port, other than a non-corporate port continued as a port authority under section 12, and may, subject to any collective agreement in force, determine the terms and conditions of employment and remuneration, assign duties and functions and terminate employment in respect of those employees and of the employees whose employment is continued under subsection 135(2).

• Marginal note:Government Employees Compensation Act

  (2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees in the federal public administration.

Marginal note:Delegation

137 The Minister may delegate the powers and responsibilities of Her Majesty as employer under Part I of the Canada Labour Code to any person the Minister considers appropriate.

Marginal note:Federal Public Sector Labour Relations Act

138 For greater certainty, the Federal Public Sector Labour Relations Act does not apply to designated employees of a non-corporate port that is continued as a port authority under section 12, or to employees appointed under subsection 136(1), after the date of the repeal of the Canada Ports Corporation Act.

Comparable Employee Benefits

Marginal note:Public Service Superannuation Act

138.1 For the purposes of section 40.1 of the Public Service Superannuation Act, the continuance or incorporation of a local port corporation or a non-corporate port as a port authority under section 12 is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.

Marginal note:Pension transfer agreement

138.2 A person who has entered into an agreement under subsection 80(5) and every port authority shall take all reasonable steps to negotiate with the President of the Treasury Board a pension transfer agreement in accordance with section 40.2 of the Public Service Superannuation Act in respect of employees referred to in paragraph 130(b), 132(b) or 135(1)(b), as the case may be.

Marginal note:Employee benefits

138.3 For the purposes of sections 138.4 to 138.6, “employee benefits” includes coverage and benefits in respect of employer-sponsored pension plans and of life, income protection, health care and dental care insurance plans.

Marginal note:Seaway

138.4 A person who has entered into an agreement under subsection 80(5) shall, in respect of an employee referred to in paragraph 130(b), provide employee benefits that

• (a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

• (b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and

• (c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.

Marginal note:Local port corporations

138.5 A port authority shall, in respect of an employee referred to in paragraph 132(b), provide employee benefits that

• (a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

• (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and

• (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

Marginal note:Non-corporate ports

138.6 A port authority shall, in respect of an employee referred to in paragraph 135(1)(b), provide employee benefits that

• (a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

• (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and

• (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

PART 6Miscellaneous

Marginal note:Dissolution of Canada Ports Corporation

• 139 (1) On the repeal of the Canada Ports Corporation Act, the Canada Ports Corporation is dissolved and all its assets and obligations devolve to the Crown under the administration of the Minister.

• Marginal note:Consequences for former directors

  (2) The directors of the Canada Ports Corporation cease to hold office on the coming into force of section 197 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this section.

• Marginal note:Consequences for officers

  (3) Neither the Canada Ports Corporation nor Her Majesty in right of Canada is bound by any severance agreement entered into between the Corporation and any of its officers after December 1, 1995.

140 [Repealed before coming into force, 2008, c. 20, s. 3]

Marginal note:Regulations — The Jacques-Cartier and Champlain Bridges Inc.

141 The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Jacques-Cartier and Champlain Bridges Inc., with any modifications that the Governor in Council considers appropriate.

Marginal note:Regulations — The Seaway International Bridge Corporation, Ltd.

142 The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Seaway International Bridge Corporation, Ltd., with any modifications that the Governor in Council considers appropriate.

143 [Repealed, 2013, c. 33, s. 211]

Marginal note:Review of Act

144 A review of the provisions and operation of this Act shall be completed by the Minister during the fifth year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.

PART 7Amendments to the Pilotage Act

145 to 158 [Amendments]

PART 8Consequential Amendments, Repeals and Coming into Force

Consequential Amendments

159 to 196 [Amendments]

Repeals

197 to 204.1 [Repeals]

Coming into Force

Marginal note:Coming into force

• Footnote ^*205 (1) Subject to this section, this Act comes into force on the later of January 1, 1999 and 150 days after the day on which it receives Royal Assent unless, before that day, the Governor in Council, by order, declares that this Act or any provision of this Act comes into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Coming into force

  (2) Part 3, or any of its provisions, sections 141, 142, 146 and 158, subsection 159(2), sections 160, 161, 171, 172, 174, 175, 176, 178, 179, 185, 186, 187, 188, 191, 192, 193, 198 to 201, 203 to 204.1 and any items of the schedule come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: Sections 1 to 4, Part 3, other than sections 81, 83 to 89, 92 to 95 and 99, sections 130, 131, 138.2 to 138.4, 141 and 142 in force August 26, 1998, sections 56 to 59, 81, 83 to 89, 92 to 95, 99, 103 to 129, 145 to 158, subsection 159(2) and sections 161, 170, 172, 174, 176, 188, 191 and 193 in force October 1, 1998, see SI/98-88; sections 160, 164 to 166, 171, 175, 187 and 192 in force December 1, 1998, see SI/98-117; section 203 in force December 1, 1998, see SI/98-118; the provisions contemplated by subsection 205(1) and not yet in force come into force on a day or days to be fixed by order of the Governor in Council see SI/98-131; sections 5 to 55 and 60 to 64, subsections 65(1), (2) and (4) to (7), sections 66 to 76, 132, 138.1, 138.5 and 144, the portion of section 162 before the reference to the Fraser River Port Authority, and the references to the Halifax Port Authority, the Montreal Port Authority and the Vancouver Port Authority, sections 163, 167 and 168, the portion of section 169 before the reference to the Canada Ports Corporation, and the references to the Halifax Port Corporation, the Montreal Port Corporation and the Vancouver Port Corporation, the portion of section 180 before the reference to the Canada Ports Corporation, and the references to the Halifax Port Corporation, the Montreal Port Corporation and the Vancouver Port Corporation, section 181, the portion of section 184 before the reference to the Fraser River Port Authority, and the references to the Halifax Port Authority, the Montreal Port Authority and the Vancouver Port Authority, section 189, the portion of section 194 before the reference to the Fraser River Port Authority, and the references to the Halifax Port Authority, the Montreal Port Authority and the Vancouver Port Authority, section 202 and items 2, 4 and 17 of Part 1 of the schedule in force March 1, 1999, see SI/99-15; sections 133 to 138, 138.6 and 139, in section 162, the references to the Fraser River Port Authority, the Prince Rupert Port Authority, the Quebec Port Authority, the Saguenay Port Authority, the Saint John Port Authority, the Sept-Îles Port Authority, the St. John’s Port Authority and the Trois-Rivières Port Authority, in section 169, the references to the Port of Quebec Corporation and the Prince Rupert Port Corporation, in section 180, the references to the Port of Quebec Corporation, the Prince Rupert Port Corporation, the Saint John Port Corporation and the St. John’s Port Corporation, sections 182 and 182.1, in section 184, the references to the Fraser River Port Authority, the Prince Rupert Port Authority, the Quebec Port Authority, the Saguenay Port Authority, the Saint John Port Authority, the Sept-Îles Port Authority, the St. John’s Port Authority and the Trois-Rivières Port Authority, in section 194, the references to the Fraser River Port Authority, the Prince Rupert Port Authority, the Quebec Port Authority, the Saguenay Port Authority, the Saint John Port Authority, the Sept-Îles Port Authority, the St. John’s Port Authority and the Trois-Rivières Port Authority and items 1, 8 to 13 and 16 of Part 1 of the schedule in force May 1, 1999, see SI/99-39; in section 162, the reference to the Toronto Port Authority, in section 184, the reference to the Toronto Port Authority, in section 194, the reference to the Toronto Port Authority, sections 204 and 204.1 and item 15 of Part 1 of the schedule in force June 8, 1999, see SI/99-55; in section 162, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority, in section 184, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority, in section 194, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority and items 5 to 7 and 14 of Part 1 of the schedule in force July 1, 1999, see SI/99-62; in section 162, the reference to the Windsor Port Authority, in section 184, the reference to the Windsor Port Authority, in section 194, the reference to the Windsor Port Authority and item 18 of Part 1 of the schedule in force July 1, 1999, see SI/99-63; subsection 65(3), section 143, subsection 159(1), in section 169, the reference to the Canada Ports Corporation, sections 173 and 177, in section 180, the reference to the Canada Ports Corporation and sections 183, 190 and 197 in force November 1, 2000, see SI/2000-93; in section 162, the reference to the Hamilton Port Authority, in section 184, the reference to the Hamilton Port Authority, in section 194, the reference to the Hamilton Port Authority, sections 198 to 200 and item 3 of Part 1 of the schedule in force May 1, 2001, see SI/2001-55; sections 179, 186, 195, 195.1 and 196 repealed before coming into force, see 2008, c. 20, s. 3; sections 178 and 185 in force February 13, 2014, see SI/2014-12; section 140 repealed before coming into force, see 2008, c. 20, s. 3.]