Canada Marine Act

Marginal note:Powers and obligations when management given

• 45 (1) When the Minister has given the management of any federal real property or federal immovable to a port authority, the port authority

  • (a) need not pay compensation for the use of that property;

  • (b) may retain and use the revenue received in respect of that property for the purpose of operating the port;

  • (c) shall undertake and defend any legal proceedings, subject to any instructions that may be provided by the Attorney General of Canada, with respect to that property; and

  • (d) shall discharge all obligations and liabilities with respect to that property.

• Marginal note:Legal proceedings

  (2) A civil, criminal or administrative action or proceeding shall be taken by or against a port authority and not by or against the Crown with respect to

  • (a) any personal property or movable owned by that port authority;

  • (b) any federal real property or federal immovable that it manages;

  • (c) any real property or immovable that it holds; and

  • (d) any act or omission relating to any property referred to in paragraphs (a) to (c).

• Marginal note:Leases and licences

  (3) A port authority may, for the purpose of operating the port, lease or license any federal real property or federal immovable that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

• Marginal note:Powers

  (3.1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

• Marginal note:Temporary use

  (3.2) A port authority may lease or license any federal real property or federal immovable it manages for temporary use under paragraph 28(2)(a).

• Marginal note:Application of provincial law

  (4) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.