Canada Marine Act

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 pursuant to the Harbour Commissions Act, The Hamilton Harbour Commissioners’ Act or The Toronto Harbour Commissioners’ Act, 1911, letters patent of continuance as a port authority that set out the information required by subsection 8(2).

• Marginal note:Effect of letters patent

  (2) On the date on which the letters patent of continuance are issued,

  • (a) the harbour commission becomes a port authority;

  • (b) the letters patent of continuance are deemed to be the letters patent of incorporation of the port authority;

  • (c) the port authority is deemed to have been incorporated under section 8; and

  • (d) the following Acts cease to apply, namely:

    • (i) in respect of the Hamilton Port Authority, The Hamilton Harbour Commissioners’ Act, The Hamilton Harbour Commissioners Act, 1951 and The Hamilton Harbour Commissioners Act, 1957,

    • (ii) in respect of the Toronto Port Authority, The Toronto Harbour Commissioners’ Act, 1911 and the Toronto Harbour Commissioners’ Act, 1985, and

    • (iii) in respect of any other port authority that was one or more harbour commissions, the Harbour Commissions Act.

• 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 of continuance were issued are as follows:

  • (a) the corporate name of the port authority is substituted for that of the harbour commission in every contract, collective agreement, lease, licence, permit or other document entered into or granted by the harbour commission with regard to the port;

  • (b) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

  • (c) the real property and immovables, other than federal real property and federal immovables, that the harbour commission occupied or the title to which it held, whether or not in its own name, and that are set out in the letters patent, and any rights related to them, become the interest, property and rights of the port authority, as the case may be;

  • (d) the personal property, and any rights related to the property, 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;

  • (e) an existing cause of action, proceeding or claim by or against the harbour commission or a liability or other obligation of the harbour commission is unaffected except that any judgment or order is to be satisfied first by the port authority;

  • (f) a civil, criminal or administrative action or proceeding pending by or against the harbour commission may be continued only by or against the port authority; and

  • (g) subject to paragraph (e), a conviction against, or a ruling, order or judgment in favour of or against, the harbour commission may be enforced only by or against the port authority.