PART 1Canada Port Authorities (continued)
Marginal note:Canadian Navigable Waters Act
- 1998, c. 10, s. 47
- 2008, c. 21, s. 26
- 2012, c. 31, s. 342
- 2019, c. 28, s. 186
Marginal note:Land-use plan
48 (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.
Marginal note:Contents of plan
(2) The land-use plan may
(a) prohibit the use of some or all of the real property and immovables for, or except for, certain purposes;
(b) prohibit the erecting of structures or works or certain types of structures or works; and
(c) subject to any regulations made under section 62 or subsection 64.1(1), regulate the type of structures or works that may be erected.
Marginal note:Existing structures
(3) A land-use plan shall not have the effect of preventing
(a) the use of any real property or immovable existing on the day on which the land-use plan comes into force for the purpose for which it was used on that day, so long as it continues to be used for that purpose; or
(b) the erecting or alteration of a structure or work that was authorized before the day on which the land-use plan comes into force if the erecting or alteration is carried out in accordance with the authorization.
Marginal note:Publication of notice
(4) A port authority shall, at least sixty days before the coming into force of a land-use plan, have notice of the plan published in a major newspaper published or distributed in the place where the port is situated.
Marginal note:Content of notice
(5) The notice shall include information as to where a copy of the plan, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place.
Marginal note:Adoption of plan
(6) After the port authority considers any representations made by interested persons with respect to a proposed plan, it may adopt the plan.
Marginal note:Notice of adopted plan
(7) The port authority shall have notice of each land-use plan that it adopts, together with notice of the place at which a copy of the plan may be obtained, published in a major newspaper published or distributed in the place where the port is situated.
(8) A port authority need not comply with subsections (4) to (7) in respect of a proposed land-use plan that
(a) has previously been published pursuant to subsection (4), whether or not it has been changed as a result of representations made pursuant to subsection (5); or
(b) makes no substantive change to an existing plan.
Marginal note:Statutory Instruments Act
(9) Land-use plans are not regulations within the meaning of the Statutory Instruments Act.
- 1998, c. 10, s. 48
- 2001, c. 4, s. 142
- 2014, c. 39, s. 229
Marginal note:Fixing of fees
49 (1) A port authority may fix fees to be paid in respect of
(a) ships, vehicles, aircraft and persons coming into or using the port;
(b) goods loaded on ships, unloaded from ships or transhipped by water within the limits of the port or moved across the port; and
(c) any service provided by the port authority, or any right or privilege conferred by it, in respect of the port.
(2) A port authority may fix the interest rate that it charges on overdue fees.
Marginal note:Self-sustaining financing
(3) The fees fixed by a port authority shall be at a level that permits it to operate on a self-sustaining financial basis and shall be fair and reasonable.
Marginal note:Application to Crown
(4) The fees and interest rate may be made binding on Her Majesty in right of Canada or a province.
Marginal note:Application to military and police ships
(5) The fees fixed under paragraphs (1)(a) and (b) do not apply in respect of a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces, a ship of a visiting force within the meaning of the Visiting Forces Act or any other ship while it is under the command of the Royal Canadian Mounted Police.
Marginal note:Fees continued
(6) A fee that is in force in respect of a port on the coming into force of this section continues in force for a period ending on the earlier of the expiration of six months and the date on which it is replaced by a fee fixed under subsection (1).
Marginal note:Discrimination among users
50 (1) A port authority shall not unjustly discriminate among users or classes of users of the port, give an undue or unreasonable preference to any user or class of user or subject any user or class of user to an undue or unreasonable disadvantage.
Marginal note:Exception re commercially acceptable discrimination
(2) It is not unjust discrimination and it is not an undue nor an unreasonable preference or disadvantage for a port authority to differentiate among users or classes of users on the basis of the volume or value of goods shipped or on any other basis that is generally commercially accepted.
Marginal note:Notice of new or revised fees
51 (1) Where a port authority proposes to fix a new fee or revise an existing fee for wharfage, berthage or harbour dues, it shall give notice of the proposal in accordance with this section and no fee shall come into force before the expiration of sixty days after the last of the notices is given.
Marginal note:Contents of notice
(2) The notice shall
(a) set out the particulars of the proposal;
(b) specify that a document containing more details about the proposal may be obtained from the port authority on request; and
(c) specify that persons interested in making representations in writing to the port authority about the proposal may do so by writing to the address set out in the notice.
Marginal note:How notice is to be given
(3) The port authority shall
(a) have the notice published in a major newspaper published or distributed in the place where the port is situated;
(b) send, by mail or by electronic means, a copy of the notice to
(i) organizations whose members will, in the opinion of the port authority, be affected by the new or revised fee, and
(ii) every user and other person who has, at least ten days before, notified the port authority of a desire to receive notices or announcements under this Part; and
(c) post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.
(4) The notice required by this section does not apply to any fees accepted in a contract under section 53.
- 1998, c. 10, s. 51
- 2008, c. 21, s. 27(F)
52 (1) Any interested person may at any time file a complaint with the Agency that there is unjust discrimination in a fee fixed under subsection 49(1), and the Agency shall consider the complaint without delay and report its findings to the port authority, and the port authority shall govern itself accordingly.
Marginal note:Governor in Council may vary or rescind
(2) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (1) as if the report were a decision made pursuant to that Act.
- 1998, c. 10, s. 52
- 2008, c. 21, s. 28(F)
Marginal note:Fees by contract
53 A port authority may enter into an agreement, that the parties may agree to keep confidential, fixing an amount to be paid to the port authority in respect of the persons and things set out in paragraphs 49(1)(a) to (c) that is different from the fees fixed under those paragraphs.
- 1998, c. 10, s. 53
- 2008, c. 21, s. 29
Marginal note:Official Languages Act
Liquidation and Dissolution
Marginal note:Liquidation and dissolution
55 (1) The Governor in Council may, by issuing a certificate of intent to dissolve, require a port authority to liquidate its assets in accordance with the certificate or the regulations made under paragraph 27(1)(a) and may by a subsequent certificate of dissolution dissolve the port authority, and the letters patent are deemed to be revoked. The net proceeds of liquidation are to be paid on dissolution to Her Majesty in right of Canada.
Marginal note:Dissolution where no liquidation
(2) The Governor in Council may, by issuing a certificate of dissolution, dissolve a port authority without requiring the liquidation of its assets, in which case the obligations and assets of the port authority revert on dissolution to Her Majesty in right of Canada under the administration of the Minister.
Marginal note:Publication in Canada Gazette
(3) A certificate of dissolution issued under this section becomes effective thirty days after the date it is published in the Canada Gazette.
(4) The Governor in Council may revoke a certificate of intent to dissolve at any time before the issuance of a certificate of dissolution by the issuance of a certificate of revocation of intent to dissolve.
Marginal note:Effect of certificate
(5) The revocation is effective on the date set out in the certificate of revocation and the port authority may then continue to carry on its activities.
Port Traffic Control
Marginal note:Traffic control zones
56 (1) Subject to any regulations made under section 62, a port authority may, for the purpose of promoting safe and efficient navigation or environmental protection in the waters of the port, with respect to ships or classes of ships,
(a) monitor ships about to enter or within the waters of the port;
(b) establish the practices and procedures to be followed by ships;
(c) require ships to have the capacity to use specified radio frequencies; and
(d) establish traffic control zones for the purposes of paragraphs (a) to (c).
Marginal note:Clearance of ships to enter waters of a port
(2) Subject to any regulations made under section 62, a port authority may
(a) require information to be given, for the purpose of obtaining a traffic clearance, by ships or classes of ships about to enter the port or within the port;
(b) impose the conditions under which a traffic clearance is to be granted; and
(c) require information to be given by ships after they have obtained a traffic clearance.
(3) Subject to any regulations made under section 62, practices and procedures established by a port authority under subsection (1) shall not be inconsistent with national standards and practices for marine vessel traffic services, in particular those established under the Canada Shipping Act, 2001.
- 1998, c. 10, s. 56
- 2001, c. 26, s. 276
- 2008, c. 21, s. 30(F)
57 (1) A port authority shall take reasonable steps to bring notice of each practice and procedure proposed under paragraph 56(1)(b) to the attention of persons likely to be affected by it at least thirty days before the proposed effective date of the measure, and a reasonable opportunity within those thirty days shall be given to ship owners, masters, persons in charge of ships and other interested persons to make representations to the port authority with respect to it.
Marginal note:Content of notice
(2) The notice shall include information as to where a copy of the proposed measure, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to it within those thirty days.
Marginal note:Adoption of measures
(3) After the port authority considers any representations made by interested persons with respect to a proposed measure, it may adopt the measure.
Marginal note:Notice of adopted measure
(4) The port authority shall take reasonable steps to bring notice of each measure that it adopts, together with notice of the place at which a copy of the measure may be obtained, to the attention of persons likely to be affected by it.
(5) Subsection (1) does not apply to a measure
(a) notice of which has been given pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or
(b) that makes no substantive change to an existing measure.
Marginal note:Emergency situations
(6) Subsection (1) does not apply where the port authority is satisfied that an urgent situation exists, but the port authority shall take reasonable steps to bring notice of the measure to the attention of any person likely to be affected by it as soon as possible after it comes into force.
Marginal note:Traffic control
58 (1) For the purpose of promoting safe and efficient navigation or environmental protection, a port authority may designate a person or a member of a class of persons, each of whom shall be furnished with a certificate of designation, to exercise the following powers with respect to ships about to enter or within the port or an area of the port:
(a) give a traffic clearance to a ship to enter, leave or proceed within the port or any area of the port;
(b) direct the master, the person in charge of the deck watch or any other person in charge of a ship or the pilot to provide information in respect of the ship specified by the designated person;
(c) direct a ship to use specified radio frequencies in communications with the port station or other ships; and
(d) subject to subsection (2), direct a ship, at a specified time or between specified times,
(i) to leave a dock, berth or other port facility,
(ii) to leave or refrain from entering any area, or
(iii) to proceed to or remain at a specified location.
(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 120(1)(b) of the Canada Shipping Act, 2001;
(g) vessel traffic congestion that constitutes an unacceptable risk to shipping, navigation, the public or the environment; or
(h) the efficiency of port operations could be compromised.
(3) 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.
- 1998, c. 10, s. 58
- 2001, c. 26, s. 277
- 2008, c. 21, s. 31
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