Canada Marine Act

Marginal note:Appointment of directors

• 14 (1) The directors of a port authority shall be appointed as follows:

  • (a) the Governor in Council appoints one individual nominated by the Minister;

  • (b) the municipalities mentioned in the letters patent appoint one individual;

  • (c) the province or provinces mentioned in the letters patent appoint one or two individuals as mentioned in the letters patent; and

  • (d) the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent.

• Marginal note:Directors appointed by provinces and municipalities

  (1.1) The Governor in Council may appoint a director under paragraph (1)(b) or (c) who has been nominated by the Minister if the position has been vacant for more than one year.

• Marginal note:Tenure of office

  (2) Directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.

• Marginal note:Maximum term of office

  (2.1) A director shall serve no more than nine consecutive years on the board.

• Marginal note:Effective day of appointment

  (2.2) A director’s appointment made by a municipality or province takes effect on the day on which notice of the appointment is received by the port authority.

• Marginal note:Extension of term

  (2.3) Subject to subsection (2.1), if a successor has not been appointed at the expiry of a director’s term, the director continues to hold office until their term is renewed or their successor is appointed.

• Marginal note:Directors appointed by municipalities and provinces

  (2.4) Subject to subsection (2.1) and despite subsection (2), the term of office of a director appointed under subsection (1.1) to fill a vacant position under paragraph (1)(b) or (c) expires on the day on which a director is nominated under that paragraph.

• Marginal note:Not eligible

  (3) No person is eligible to be appointed as a director within twelve months after the expiration of their term or renewed term.

• Marginal note:Part-time

  (4) The directors are appointed to serve part-time.

• Marginal note:Remuneration

  (5) The board of directors shall fix the remuneration of the directors, the chairperson and the chief executive officer.

• Marginal note:Quorum

  (6) Subject to the letters patent, a majority of the directors in office constitutes a quorum at any meeting of directors and a quorum of directors may exercise all the powers of the directors.