|
|
|
|
| Traffic control
|
65. Subject to regulations made under
subsection 63(1), a person or a member of a
class of persons designated by the Minister
under this section may take the measures
necessary for the control of traffic in a public
port, and sections 47 to 50 apply with such
modifications as the circumstances require.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Definition of
``Authority''
|
66. In this Part, ``Authority'' means The St.
Lawrence Seaway Authority established by
subsection 3(1) of the St. Lawrence Seaway
Authority Act.
|
|
|
|
|
|
| Objectives
|
67. The objectives of this Part are to
|
|
|
|
(a) promote a commercial approach to the
operation of the Seaway;
|
|
|
|
(b) protect the integrity of the Seaway;
|
|
|
|
(b.1) protect the rights and interests of
communities adjacent to the Seaway;
|
|
|
|
(c) protect the long-term operation and
viability of the Seaway as an integral part of
Canada's national transportation infrastruc
ture;
|
|
|
|
(d) promote the competitiveness of the
Seaway;
|
|
|
|
(e) protect the significant investment that
the Government of Canada has made in
respect of the Seaway;
|
|
|
|
(f) encourage user involvement in the
operation of the Seaway; and
|
|
|
|
(g) encourage new cooperative arrange
ments with the United States for the man
agement of the transportation facilities and
services in the Great Lakes-St. Lawrence
region.
|
|
|
|
|
|
| Powers of
Minister
|
68. The Minister may
|
|
|
|
(a) acquire lands for, and construct, main
tain and operate the works that are neces
sary for, the operation of the Seaway,
including works either wholly in Canada or
in conjunction with works undertaken by an
appropriate authority in the United States;
|
|
|
|
(b) construct, maintain and operate any
works in connection with the Seaway that
the Governor in Council may deem neces
sary to fulfil an obligation undertaken or to
be undertaken by Canada pursuant to any
present or future agreement between Cana
da and the United States;
|
|
|
|
(c) operate and manage bridges, including
acquire lands for, and construct, maintain
and operate, alone or jointly or in conjunc
tion with an appropriate authority in the
United States, bridges connecting Canada
with the United States and, to that end or as
incidental to it, acquire shares or property of
any bridge company;
|
|
|
|
(d) acquire lands for, and construct or
otherwise acquire, maintain and operate,
any works or other property that the Gover
nor in Council may deem necessary for
works undertaken pursuant to this Part;
|
|
|
|
(e) fix the fees to be charged for the use of
any property under the Minister's adminis
tration that forms part of the Seaway or for
any service provided or any right or privi
lege conferred in connection with the
Seaway; and
|
|
|
|
(f) take any measures that may be necessary
for the purposes of any present or future
agreement in respect of the Seaway.
|
|
| Transfer
|
69. (1) The Minister may direct the Author
ity to transfer, on the terms and conditions
specified by the Minister, all or part of its
property or undertakings to the Minister, any
other member of the Queen's Privy Council
for Canada, any other person or any body
established under an international agreement,
and the Authority shall immediately comply.
|
|
| Transfer by
Minister
|
(1.1) Where any property or undertaking is
transferred to the Minister under subsection
(1), the Minister may transfer it to any other
member of the Queen's Privy Council for
Canada, any other person or any body estab
lished under an international agreement.
|
|
| Federal Real
Property Act
|
(1.2) The Federal Real Property Act does
not apply to a transfer under subsection (1) or
(1.1) unless it is a sale of land to a person or
body other than the Minister or any other
member of the Queen's Privy Council for
Canada.
|
|
| Surplus
Crown Assets
Act
|
(1.3) The Surplus Crown Assets Act does
not apply to a transfer under subsection (1) or
(1.1).
|
|
| Agreements
|
(2) The Minister may enter into agreements
in respect of all or part of the Seaway and the
property or undertakings referred to in subsec
tion (1) or (1.1) and those agreements may be
with a not-for-profit corporation that accords
a major role to Seaway users, in particular in
the way in which directors of the corporation
are appointed and in its operations, or, where
the Minister considers it appropriate, with any
other person or any body established under an
international agreement.
|
|
| Contents of
agreements
|
(3) An agreement may include any terms
and conditions that the Minister considers
appropriate, including provisions respecting
|
|
|
|
(a) the transfer of all or part of the property
or undertakings;
|
|
|
|
(b) the management and operation of all or
part of the Seaway or the property or
undertakings of the Authority;
|
|
|
|
(c) the construction, maintenance and op
eration of all or part of the Seaway;
|
|
|
|
(d) the charging of fees;
|
|
|
|
(e) the performance and enforcement of
obligations under the agreement;
|
|
|
|
(f) the transfer of officers and employees of
the Authority; and
|
|
|
|
(g) the making of financial contributions or
grants or the giving of any other financial
assistance.
|
|
| Existing rights
|
(3.1) A transfer of land under paragraph
(3)(a) does not affect a right or interest of any
person or body of persons, including an Indian
band within the meaning of the Indian Act,
that existed in the land before the coming into
force of this Part.
|
|
| Termination
of agreement
|
(3.2) The terms of an agreement with a
not-for-profit corporation or other person shall
include a clause providing for the termination
of the agreement in the event of the establish
ment of a body under an international agree
ment in respect of the Seaway.
|
|
| Authority to
carry out
agreements
|
(4) The Minister may take any measures
that the Minister considers appropriate to
carry out an agreement and to protect the
interests or enforce the rights of Her Majesty
under an agreement, including, if the agree
ment so provides, making advances to, and
receiving advances from, the person with
whom the agreement is made and determining
the rates of interest that apply.
|
|
| Security
|
(5) The Minister may
|
|
|
|
(a) accept and hold on behalf of Her
Majesty any security granted to Her Majes
ty under the agreement or any security
granted in substitution for it; and
|
|
|
|
(b) release or realize on any security
referred to in paragraph (a).
|
|
| Obligations
|
(6) The obligations imposed in respect of a
not-for-profit corporation under sections 72 to
78 apply equally to a person who has entered
into an agreement under subsection 69(2) to
the extent that the agreement so provides.
|
|
| Consolidated
Revenue Fund
|
70. An amount payable by the Minister
under an agreement entered into under subsec
tion 69(2) is payable out of the Consolidated
Revenue Fund.
|
|
| Rights and
obligations
preserved
|
71. The rights and obligations of a person
who enters into an agreement under subsec
tion 69(2) are, where the agreement so
provides and the Minister has published a
notice in the Canada Gazette to that effect, as
follows:
|
|
|
|
(a) the name of the person shall be substi
tuted for that of the Authority in every
contract, collective agreement, lease, li
cence, permit or other document entered
into or granted by the Authority, other than
those set out specifically or by class in the
agreement and notice; and
|
|
|
|
(b) the personal property, and any rights
related to the property, that the Authority
administers, or the title to which it holds, on
behalf of Her Majesty in right of Canada,
whether or not in its own name, other than
those set out specifically or by class in the
agreement and notice, become the property
and rights of the person.
|
|
|
|
|
|
| Meeting open
to public
|
72. (1) A not-for-profit corporation referred
to in subsection 69(2) shall each year hold a
meeting that is open to the public in each city
mentioned in the agreement, in premises large
enough to accommodate the anticipated atten
dance, to inform the public about its activities
in respect of the operation of the Seaway.
|
|
| Notice of
meeting
|
(2) The not-for-profit corporation shall, at
least thirty days before a meeting, have notice
of the meeting published in a major newspaper
published or distributed in each city men
tioned in the agreement, setting out the time
and location of the meeting and specifying
that the financial statements relating to the
operation of the Seaway are available to the
public at its principal place of business.
|
|
| Availability to
public
|
(3) The not-for-profit corporation shall
ensure, at each meeting,
|
|
|
|
(a) that there are available a sufficient
number of copies of the most recent audited
annual financial statements relating to the
operation of the Seaway for the persons
present at the meeting; and
|
|
|
|
(b) that its chief executive officer and
directors are available to answer questions
about the operation of the Seaway posed by
the persons present at the meeting.
|
|
|
|
|
|
| Public to get
financial
statements
|
73. (1) A not-for-profit corporation referred
to in subsection 69(2) shall make available for
inspection by the public, at its principal place
of business during normal business hours at
least thirty days before the meeting, its audited
annual financial statements that deal with its
activities in respect of the operation of the
Seaway for the preceding fiscal year.
|
|
| Contents
|
(2) The financial statements shall be pre
pared in accordance with generally accepted
accounting principles and consist of at least
the following:
|
|
|
|
|
|
|
|
(b) a statement of retained earnings;
|
|
|
|
(c) an income statement; and
|
|
|
|
(d) a statement of changes in financial
position.
|
|
| Remuneration
|
(3) The total remuneration that each direc
tor or officer receives in a year from the
corporation, including any fee, allowance or
other benefit, shall be set out in the annual
financial statements for that year.
|
|
| Regulations
|
(4) The Governor in Council may make
regulations in respect of the preparation, form
and content of the documents referred to in
paragraphs (2)(a) to (d) and the information
referred to in subsection (3).
|
|
| Books and
systems
|
74. (1) A not-for-profit corporation referred
to in subsection 69(2) shall, in respect of its
activities in respect of the operation of the
Seaway, ensure that
|
|
|
|
(a) books of account and accounting re
cords are kept; and
|
|
|
|
(b) financial and management control and
information systems and management prac
tices are maintained.
|
|
| Keeping of
books
|
(2) The books, records, systems and practic
es shall be kept and maintained in a manner
that will provide reasonable assurance that
|
|
|
|
(a) the assets of the Seaway managed by the
corporation are safeguarded and controlled;
|
|
|
|
(b) the transactions of the corporation in
relation to the Seaway are in accordance
with this Part; and
|
|
|
|
(c) the financial, human and physical
resources of the corporation in relation to
the Seaway are managed economically and
efficiently and the operations of the Seaway
are carried out effectively.
|
|
| Audit
|
75. The Minister may appoint an auditor to
audit the books of account and accounting
records referred to in subsection 74(1) to
ensure compliance with the agreement.
|
|
|
|
|
|
| Special
examinations
|
76. (1) A not-for-profit corporation referred
to in subsection 69(2) shall have a special
examination carried out to determine whether
the books, records, systems and practices
referred to in subsection 74(1) were, in the
period under examination, maintained in a
manner that provided reasonable assurance
that they met the requirements of subsection
74(2).
|
|
| Time for
examination
|
(2) A special examination shall be carried
out at least once every five years and at any
additional times that the Minister may require.
|
|
| Plan
|
(3) Before beginning a special examination,
the examiner shall survey the systems and
practices of the corporation in relation to the
operation of the Seaway and submit a plan for
the examination, including a statement of the
criteria to be applied, to the corporation and,
in the case where the Minister has required the
special examination to be carried out, to the
Minister.
|
|
| Resolution of
disagreements
|
(4) Any disagreement between the examin
er and the corporation with respect to the plan
is to be resolved by the Minister.
|
|
| Reliance on
internal audit
|
(5) The examiner shall, to the extent the
examiner considers it feasible, rely on an
internal audit carried out by the corporation in
relation to the operation of the Seaway.
|
|
| Report
|
77. (1) The examiner shall, on completion
of the special examination, submit a report of
the findings to the Minister and to the
corporation.
|
|
| Contents
|
(2) The examiner's report shall include
|
|
|
|
(a) a statement as to whether in the
examiner's opinion, with respect to the
criteria established under subsection 76(3),
there is reasonable assurance that there are
no significant deficiencies in the systems
and practices examined; and
|
|
|
|
(b) a statement of the extent to which the
examiner relied on internal audits.
|
|
| Notice of
report
|
(3) A not-for-profit corporation referred to
in subsection 69(2) shall, as soon as is
practicable after receiving the report, have
notice of the report published in a major
newspaper published or distributed in each
city mentioned in the agreement.
|
|
| Report
available to
public
|
(4) The corporation shall make the report
available for inspection by the public at its
principal place of business during normal
business hours.
|
|
| Examiner -
other
qualified
auditor
|
78. Where, in the opinion of the Minister,
someone other than the special examiner
chosen by the not-for-profit corporation re
ferred to in subsection 69(2) should carry out
a special examination, the Minister may, after
consulting with the corporation, appoint
another auditor and may, after again consult
ing with the corporation, remove that auditor
at any time.
|
|