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Canada Marine Act

Version of section 48 from 2014-12-16 to 2022-11-16:


Marginal note:Land-use plan

  •  (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.

  • Marginal note:Exception

    (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
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