BILL C-44 - Reprinted as amended by the Standing Committee

	Other Powers
Sale of perishable goods	109. Where, in the opinion of an enforce ment officer, any goods that have been seized and detained under this Act, or that have been abandoned, are likely to rot, spoil or otherwise perish, the officer may sell or otherwise dispose of the goods in the manner and for the price that is reasonable in the circumstances, and the proceeds of the disposition are to be credited toward payment of the amount due or payable in respect of the ship or goods and the expenses incurred in connection with the detention and sale.
Lien on ships	110. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, has at all times a lien on a ship and on the proceeds of its disposition for an amount owing to the port authority, the Minister or the person, and the lien has priority over all other rights, interests, claims and demands, other than claims for wages of seamen under the Canada Shipping Act, if the amount is owing in respect of
	(a) fees and interest in respect of the ship or goods carried on the ship; or
	(b) damage to property caused by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.
Lien on goods	(2) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, has at all times a lien on goods on the property under their jurisdiction for fees and interest owing to them in respect of the goods, the lien having priority over all other rights, interests, claims and demands and they may seize the goods.
Obstruction of ports	111. (1) Where an enforcement officer is of the opinion that a ship or goods left or abandoned within the enforcement officer's area of designation as provided in subsection 96(2), impede, interfere with or render diffi cult or unsafe the use of that area, the officer may direct the person who appears to be in charge of the ship or goods to remove the ship or goods to a place that the officer considers suitable within or outside the area.
Detention and removal	(2) If a person fails to remove a ship or goods as directed by an enforcement officer under subsection (1) or if no person appears to be in charge of the ship or goods, the officer may detain the ship or goods and remove them to a place that the officer considers suitable, and the costs of the detention and removal are recoverable in the same manner as fees payable under this Act.
Rights exercisable	112. The right of a port authority, the Minister or a person who has entered into an agreement under subsection 69(2) to detain a ship or seize goods under this Act is exercis able whether or not title to or possession of the ship or goods is, at the time of the exercise of the right, in the same person as the person who held the title or possession at the time when, in the opinion of the port authority, the Minister or the person, the amount owing first became due and payable.
Other remedies	113. Whether or not a port authority, the Minister or a person who has entered into an agreement under subsection 69(2) exercises the right to detain ships and seize goods under this Act, they may proceed against the owner of a ship or goods in any court of competent jurisdiction for the amount owing to them, or for the balance of that amount in the event of the sale of the ship or goods, and may also exercise against the owner of the ship or goods any other right or remedy available at law.
	Offences and Punishment
Offence	114. A person is guilty of an offence if the person
	(a) fails to comply with any reasonable requirement of an enforcement officer in the course of carrying out duties and functions under this Act;
	(b) knowingly makes a false or misleading statement, either orally or in writing, to an enforcement officer; or
	(c) otherwise obstructs or hinders an en forcement officer.
Offence and fine	115. (1) A person who contravenes a provision of this Act, other than section 95, or the regulations for which no penalty is other wise provided under this Act or under regula tions made under subsection 23(2) is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual, and of not more than $50,000 in the case of a corpora tion.
Defence	(2) No person shall be found guilty of an offence under this Act if the person establishes that the person exercised due diligence to prevent its commission.
Code of conduct	(3) Notwithstanding subsection (1), a direc tor or officer of a port authority is not guilty of an offence under this Act for non-compliance with the code of conduct set out in the letters patent of the port authority.
Separate offence	116. (1) When an offence under this Act is committed by a person on more than one day or is continued by a person for more than one day, it is deemed to be a separate offence for each day on which it is committed or contin ued.
Limitation period	(2) Proceedings in respect of an offence under this Act may be commenced at any time within, but not later than, one year after the time when the subject-matter of the proceed ings arose.
Order to comply	116.1 (1) Where a person is guilty of an offence under Part I or the regulations made under subsection 23(2), a court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person to comply with those provisions for the contravention of which the person is convicted.
Civil remedy not affected	(2) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under Part I or the regulations made under subsection 23(2).
	PART V
	HUMAN RESOURCES
	Seaway
Successor rights	117. On the coming into force of an agreement entered into under subsection 69(2), sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the St. Lawrence Seaway Author ity and the person who has entered into the agreement; and
	(b) the employees designated under section 118 for the property or undertaking that is the subject of the agreement were em ployees of the business.
Designation of employees	118. The Minister may designate any em ployee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 69(2) as a designated employee for that property or undertaking.
	Local Port Corporations
Successor rights	119. On the continuance of a local port corporation under section 10 as a port author ity, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the local port corporation and the port authority; and
	(b) the employees of the local port corpora tion were employees of the business.
	Harbour Commissions
Successor rights	120. Where, under section 8, letters patent of continuance as a port authority are issued to a harbour commission established under the Harbour Commissions Act, The Hamilton Harbour Commissioners Act or The Toronto Harbour Commissioners' Act, 1911, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the harbour commission and the port authority; and
	(b) the employees of the harbour commis sion were employees of the business.
	Non-corporate Ports of Canada Ports Corporation
Designation by Minister	121. For the purposes of sections 122 to 124, the Minister may designate any em ployee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act, as a desig nated employee for that port.
Successor rights	122. (1) Where, under section 10, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if
	(a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and
	(b) the employees designated under section 121 for that non-corporate port were em ployees of the business.
Successor rights	(2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 121 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 10, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty.
Deemed continuous	(3) The employment of the designated employees is deemed to be continuous.
Minister's powers	123. The Minister may, on behalf of Her Majesty, appoint any employees that the Minister considers appropriate for the opera tion of a non-corporate port, other than a non-corporate port continued as a port author ity under section 10, and may, subject to any collective agreement in force, determine the terms and conditions of employment and remuneration, assign duties and functions and terminate employment in respect of those employees and of the employees whose employment is continued under section 122.
Delegation	124. The Minister may delegate the powers and responsibilities of Her Majesty as em ployer under Part I of the Canada Labour Code to any person the Minister considers appropriate.
Public Service Staff Relations Act	125. For greater certainty, the Public Ser vice Staff Relations Act does not apply to designated employees of a non-corporate port that is continued as a port authority under section 10, or to employees appointed under section 123, after the date of the repeal of the Canada Ports Corporation Act.
	PART VI
	MISCELLANEOUS
Dissolution of Canada Ports Corporation	126. (1) On the repeal of the Canada Ports Corporation Act, the Canada Ports Corpora tion is dissolved and all its assets and obliga tions devolve to the Crown under the adminis tration of the Minister.
Consequences for former directors	(2) The directors of the Canada Ports Corporation cease to hold office on the coming into force of section 168 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this section.
Consequences for officers	(3) Neither the Canada Ports Corporation nor Her Majesty in right of Canada is bound by any severance agreement entered into be tween the Corporation and any of its officers after December 1, 1995.
Agreements - Marine Atlantic Inc.	127. (1) The Minister may enter into agreements with any person, including the government of a province, in respect of
	(a) ensuring the continuation of services in fulfilment of Canada's constitutional ob ligations;
	(b) ensuring the continuation of services similar to those provided by Marine Atlan tic Inc. before the transfer, sale or disposal, on the terms and conditions that the Minis ter considers appropriate, including by making financial contributions or grants or any other financial assistance; and
	(c) the assets of Marine Atlantic Inc. that are transferred, sold or otherwise disposed of under subsection (2).
Disposition of assets	(2) Marine Atlantic Inc. is authorized to transfer, sell or otherwise dispose of all or substantially all of its assets used in any major business or activity of the corporation, includ ing the shares of a subsidiary.
Ridley Terminals Inc.	128. The Minister is the appropriate minis ter for Ridley Terminals Inc. for the purposes of the Financial Administration Act.
	PART VII
R.S., c. P-14; R.S., c. 31 (1st Supp.), c. 1 (2nd Supp.), c. 28 (3rd Supp.), c. 1 (4th Supp.); 1996, c. 10	AMENDMENTS TO THE PILOTAGE ACT
R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 19 (A))	*129. (1) Subsection 3(2) of the Pilotage Act* is replaced by the following:**
Appointment of Chairman of Authority	(2) On the recommendation of the Minister and after consultation with members of the Authority and with the users of its services, the Governor in Council may appoint the Chair man of an Authority to hold office during pleasure for the term that the Governor in Council considers appropriate.
	(2) Section 3 of the Act is amended by adding the following after subsection (3):
Full- or part- time	(3.1) The Chairman and the Vice-Chairman may be appointed to serve full-time or part- time.
	130. Sections 5 to 8 of the Act are replaced by the following:
Great Lakes Pilotage Authority, Ltd.	5. The name ``Great Lakes Pilotage Author ity, Ltd.'' is changed to ``Great Lakes Pilotage Authority'' and the Authority is deemed to have been established under subsection 3(1).
	131. Subsection 13(1) of the Act is re placed by the following:
Chairman	13. (1) Where the Chairman of an Authority serves full-time, the Chairman has the direc tion and control of the business of the Authority and may exercise such powers as may be conferred on the Chairman by by-law of the Authority.
Part-time	(1.1) Where the Chairman of an Authority serves part-time, the board appoints a chief executive officer who has the direction and control of the business of the Authority and who may exercise such powers as may be conferred on the chief executive officer by by-law of the Authority.
	131.1 The Act is amended by adding the following after section 15:
Renewal of contract	15.1 (1) Where a contract for services referred to in subsection 15(2) does not provide a mechanism for the resolution of disputes in the contract renewal process, fifty days before the contract expires, the parties to the contract shall jointly choose a mediator and an arbitrator and shall refer to the mediator all issues related to the renewal of the contract that remain unresolved.
No agreement	(2) Where the parties cannot agree on an arbitrator or where the arbitrator chosen by the parties is unavailable, the Minister shall choose an arbitrator.
Mediation	(3) The mediator has thirty days in which to bring the parties to agreement on the outstand ing issues, at the end of which time the parties to the contract shall refer all of the remaining outstanding issues to the arbitrator.
Final offers	15.2 (1) The parties to the contract shall each submit a final offer in respect of the outstanding issues to each other and to the arbitrator within five days after the date on which those issues are referred to the arbitra tor.
Decision of arbitrator	(2) Within fifteen days, the arbitrator shall choose one or other of the final offers.
Effect of decision	(3) The final offer chosen by the arbitrator becomes part of the new contract for services and the new contract becomes effective on the day after the former contract expires.
Continuation of services	15.3 A body corporate with which an Authority has contracted for services under subsection 15(2) and the members and share holders of the body corporate are prohibited from refusing to provide pilotage services while a contract for services is in effect or being negotiated.
	132. Subsection 33(3) of the Act is re placed by the following:
	(3) The tariffs of pilotage charges pre scribed by an Authority under subsection (1) shall be fixed at a level that permits the Authority to operate on a self-sustaining financial basis and shall be fair and reason able.
R.S., c. 28 (3rd Supp.), s. 359 (Sch., s. 9)	133. Subsection 34(1) of the Act is re placed by the following:
Publication	34. (1) An Authority shall publish in the Canada Gazette a copy of each tariff of pilotage charges that it proposes to prescribe pursuant to section 33, and no tariff shall come into force before the expiration of thirty days after that publication.
R.S., c. 28 (3rd Supp.), s. 359 (Sch., s. 9)	134. Section 35 of the Act is replaced by the following:
Recommenda- tion of Agency	35. (1) The Canadian Transportation Agency shall, after making the investigation, including the holding of public hearings, if any, and before the expiration of the period mentioned in subsection (2) or prescribed under subsection (3), make a recommendation to the Authority and the Authority shall govern itself accordingly.
Time for making decisions	(2) The Agency shall make its recommen dation in respect of a proposed charge set out in a notice of objection filed under subsection 34(2) as expeditiously as possible, but no later than one hundred and twenty days after receiving the objection, unless a regulation made under subsection (3) provides otherwise or the parties agree to an extension.