|
|
|
|
| Order and
safety
|
51.1 Subject to any regulations made under
section 52, a port authority shall take ap
propriate measures for the maintenance of
order and the safety of persons and property in
the port.
|
|
|
|
|
|
| Regulations
|
52. (1) For the purposes of this Part, the
Governor in Council may make regulations
respecting
|
|
|
|
(a) the navigation and use by ships of the
navigable waters within the jurisdiction of
a port authority, including the mooring,
berthing, loading and unloading of ships;
|
|
|
|
(b) the use and environmental protection of
a port under the jurisdiction of a port
authority, including the regulation or pro
hibition of uses, works and operations;
|
|
|
|
(b.1) the removal, destruction or disposal of
any work that interferes with navigation
and provision for the recovery of the costs
incurred;
|
|
|
|
(c) the maintenance of order and the safety
of persons and property in a port;
|
|
|
|
(d) the regulation of persons, vehicles or
aircraft in a port;
|
|
|
|
(e) the regulation or prohibition of the
excavation, removal or deposit of material
or of any other action that is likely to affect
in any way the navigability of a port or to
affect any of the lands adjacent to a port;
and
|
|
|
|
(f) the regulation or prohibition of the
transportation, handling or storing, in a
port, of explosives or other substances that,
in the opinion of the Governor in Council,
constitute or are likely to constitute a
danger or hazard to life or property.
|
|
| Application
|
(2) A regulation made under subsection (1)
may apply to only one port.
|
|
| Application to
Crown
|
(3) A regulation made under subsection (1)
may be made binding on Her Majesty in right
of Canada or a province.
|
|
| Transitional
|
(4) Subject to subsection 41(6), any regula
tions made before the coming into force of this
section with respect to a port in respect of
which letters patent are issued to a port
authority shall, to the extent that they are
compatible with this Act, continue in force for
a period ending on the earlier of the expiration
of twelve months after the letters patent are
issued and the date on which regulations to
replace them are made under subsection (1)
with respect to that port.
|
|
| Evidence of
limits of
navigable
waters
|
53. A port authority may erect marks or
signs to indicate the limits of the navigable
waters under its jurisdiction and every mark or
sign so erected is evidence of the limits of
those waters.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Designation
by regulation
|
54. (1) The Governor in Council may, by
regulation,
|
|
|
|
(a) designate as a public port any navigable
waters within the jurisdiction of Parlia
ment, including any foreshore;
|
|
|
|
(b) define the limits of a public port; and
|
|
|
|
(c) designate any port facility under the
administration of the Minister as a public
port facility.
|
|
| Deemed
public ports
|
(2) Every port and port facility that on the
coming into force of this section was a public
harbour or public port facility to which the
Public Harbours and Port Facilities Act
applied is deemed to have been designated
under subsection (1).
|
|
| Deemed
public ports
|
(3) With the exception of a port for which a
port authority is incorporated under Part I,
every port and facility to which the Canada
Ports Corporation Act applied on the coming
into force of this section is deemed to have
been designated under subsection (1).
|
|
| Deemed
public ports
|
(4) For greater certainty, the Governor in
Council may make regulations under subsec
tion (1) in respect of any public harbour or
public port facility that is deemed under
subsection (2) or (3) to have been designated
and, in the case of a public port, define its
limits.
|
|
| Evidence of
limits of
navigable
waters
|
(5) The Minister may have marks or signs
erected to indicate the limits of the navigable
waters of a public port and every mark or sign
so erected is evidence of the limits of those
waters.
|
|
| Federal Real
Property Act
|
55. (1) For the purposes of the Federal Real
Property Act, the Minister has the administra
tion of the federal real property that forms part
of a public port or public port facility.
|
|
| Other ports
and facilities
|
(2) The Minister does not have the adminis
tration of the federal real property that is under
the administration of any other member of the
Queen's Privy Council for Canada.
|
|
| Power of
Minister
|
(3) For greater certainty, the repeal of the
designation of a public port or public port
facility does not terminate the application of
the Federal Real Property Act to the federal
real property that formed part of the port or
facility and that is owned by Her Majesty in
right of Canada.
|
|
|
|
|
|
| Fixing of fees
|
56. (1) The Minister may fix the fees to be
paid in respect of
|
|
|
|
(a) ships, vehicles, aircraft and persons
coming into or using a public port or public
port facility;
|
|
|
|
(b) goods loaded on ships, unloaded from
ships or transhipped by water within the
limits of a public port or stored in, or moved
across, a public port facility; and
|
|
|
|
(c) any service provided by the Minister, or
any right or privilege conferred by the
Minister, in respect of the operation of a
public port or public port facility.
|
|
| Interest
|
(2) The Minister may fix the interest rate to
be charged on overdue fees.
|
|
| Application to
Crown
|
(3) The fees and the interest rate may be
made binding on Her Majesty in right of
Canada or a province.
|
|
| Application to
military and
police ships
|
(4) 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 Cana
dian Mounted Police.
|
|
| Services
|
57. The Minister may enter into agreements
to provide services, rights or privileges, as the
Minister considers appropriate, at a public
port or public port facility and may agree by
contract to accept fees other than those fixed
under subsection 56(1) for those services,
rights and privileges.
|
|
|
|
|
|
| Harbour
masters and
wharfingers
|
58. (1) The Minister may appoint as a
harbour master or wharfinger for all or part of
a public port or public port facility any person
who, in the Minister's opinion, is qualified
and assign responsibilities to that person.
|
|
| Remuneration
|
(2) The Minister may fix the remuneration
to be paid to a harbour master or wharfinger
and the amounts of the remuneration may,
notwithstanding anything in the Financial
Administration Act, be paid out of the fees
collected in respect of public ports and public
port facilities.
|
|
| Transitional
|
(3) An appointment as a harbour master or
wharfinger made by the Minister under sub
section 11(2) of the Public Harbours and
Ports Facilities Act, and the remuneration
determined by the Governor in Council under
subsection 11(3) of that Act in respect of that
appointment, continue in effect as though they
had been made and fixed under this section.
|
|
|
|
|
|
| Agreements
|
59. The Minister may enter into agreements
with any person or body in respect of the
management or operation of a public port or
public port facility, or a group of them.
|
|
|
|
|
|
| Leases and
licences
|
60. (1) Notwithstanding the Federal Real
Property Act, the Minister may lease any
federal real property that forms, or formed,
part of a public port or public port facility or
grant a licence in respect of the property, for
twenty years or for a longer period with the
approval of the Governor in Council.
|
|
| Application of
provincial law
|
(2) A lease or licence may be effected by
any instrument by which real property may be
leased or a licence may be granted by a private
person under the laws in force in the province
in which the property is situated.
|
|
| Agreements
for disposal or
transfer
|
61. (1) The Minister may enter into agree
ments in respect of
|
|
|
|
(a) the disposal of all or part of the federal
real property that formed part of a public
port or public port facility by sale or any
other means; and
|
|
|
|
(b) the transfer of the administration of all
or part of the federal real property that
formed part of a public port or public port
facility to Her Majesty in right of a
province.
|
|
| Content of
agreements
|
(2) The agreements may include
|
|
|
|
(a) provisions for the performance and
enforcement of obligations under the agree
ments; and
|
|
|
|
(b) any other terms and conditions that the
Minister considers appropriate.
|
|
| Security
|
(3) The Minister may
|
|
|
|
(a) accept and hold on behalf of Her
Majesty any security granted to Her Majes
ty under the agreements or any security
granted in substitution for them; and
|
|
|
|
(b) release or realize on any security
referred to in paragraph (a).
|
|
| Authority to
carry out
agreements
|
(4) The Minister may take any measures
that the Minister considers appropriate to
carry out the agreements and to protect the
interests or enforce the rights of Her Majesty
under them.
|
|
| Disposal and
transfer
|
(5) The disposal or transfer of federal real
property may be effected under the authority
of this section or the Federal Real Property
Act.
|
|
| Application of
provincial law
|
(6) The disposal or transfer of federal real
property under this section may be effected by
any instrument by which real property may be
transferred by a private person under the laws
in force in the province in which the property
is situated.
|
|
| Reports to
Parliament
|
(7) The Minister shall, for each of the five
fiscal years following the coming into force of
this section, prepare a report on the disposition
and transfer measures the Minister has taken
during that fiscal year and on the continuing
management of public ports and public port
facilities during that year. The Minister shall
have the report laid before each House of
Parliament within three months after the end
of that fiscal year or, if that House is not then
sitting, on any of the first fifteen days after that
time that it is sitting.
|
|
| Minister
responsible
|
(8) Subject to any regulations made under
section 63, the Minister continues to have the
managmeent of public ports and public port
facilities that the Minister has not disposed of
or transferred.
|
|
|
|
|
|
| Navigable
Waters
Protection Act
|
62. (1) The Navigable Waters Protection
Act does not apply to works, within the
meaning of that Act, to which this Part applies.
|
|
| Works lawful
|
(2) Any work undertaken in accordance
with this Part is a lawful work, within the
meaning of the Navigable Waters Protection
Act, even though it interferes with navigation.
|
|
|
|
|
|
| Regulations
|
63. (1) The Governor in Council may make
regulations for the management, control,
development and use of public ports and
public port facilities, including regulations
respecting
|
|
|
|
(a) the navigation and use by ships of a
public port, including the mooring, berth
ing, loading and unloading of ships;
|
|
|
|
(b) the regulation and prohibition of uses,
works or operations within the limits of
public ports or at or adjacent to public port
facilities;
|
|
|
|
(b.1) the removal, destruction or disposal of
any work that interferes with navigation
and provision for the recovery of the costs
incurred;
|
|
|
|
(c) the environmental protection of a public
port or a public port facility;
|
|
|
|
(d) the maintenance of order and the safety
of persons and property within the limits of
a public port or at a public port facility;
|
|
|
|
(e) the regulation of persons, vehicles or
aircraft within the limits of a public port or
at a public port facility;
|
|
|
|
(f) the regulation or prohibition of the
excavation, removal or deposit of material
or of any other action that is likely to affect
in any way the navigability of a public port
or the operation of a public port facility or
to affect any of the lands adjacent to a port
or facility; and
|
|
|
|
(g) the regulation or prohibition of the
transportation, handling or storing, within
the limits of a public port or at or adjacent
to any land that forms part of a public port
or public port facility, of explosives or other
substances that, in the opinion of the
Governor in Council, constitute or are
likely to constitute a danger or hazard to life
or property.
|
|
| Application
|
(2) A regulation made under subsection (1)
may apply to only one public port or public
port facility.
|
|
| Application to
Crown
|
(3) A regulation made under subsection (1)
may be made binding on Her Majesty in right
of Canada or a province.
|
|
| Coming into
force of
regulations
|
64. Regulations made under section 12 of
the Public Harbours and Port Facilities Act
are deemed to have been made under this Part
and continue in force until
|
|
|
|
(a) in the case of regulations in respect of
rates, tolls, fees or other charges, they are
repealed by the Minister; and
|
|
|
|
(b) in any other case, they are repealed by
regulations made under subsection 63(1).
|
|