Publication
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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.
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R.S., c. 28
(3rd Supp.), s.
359 (Sch., s.
9)
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151. Section 35 of the Act is replaced by
the following:
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Recommen- dation of Agency
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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.
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Time for
making
decisions
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(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.
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Period for
specified
classes
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(3) The Governor in Council may, by
regulation, prescribe periods of less than one
hundred and twenty days within which the
Agency shall make its recommendation in
respect of proposed charges set out in notices
of objection.
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Obligation to
reimburse
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(4) Where the Agency recommends a
charge that is lower than that prescribed by the
Authority, the Authority shall reimburse to
any person who has paid the prescribed charge
the difference between it and the recom
mended charge, with interest at the rate quoted
by banks to the most credit-worthy borrowers
for prime business loans, as determined by the
Bank of Canada for the day on which the
Agency recommends the lower charge.
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Subsection
34(1) does not
apply
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(5) The publication requirements of subsec
tion 34(1) do not apply in respect of pilotage
charges fixed pursuant to a recommendation
of the Agency.
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Copy
submitted to
Minister
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(6) The Agency shall submit a copy of its
recommendation to the Minister immediately
after it is made.
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Governor in
Council may
vary or
rescind
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(7) Section 40 of the Canada Transporta
tion Act applies, with such modifications as
the circumstances require, in respect of every
recommendation of the Agency under subsec
tion (1) as if the recommendation were a
decision made pursuant to that Act.
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152. The Act is amended by adding the
following before section 36:
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No
appropriation
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36.01 No payment to an Authority may be
made under an appropriation by Parliament to
enable the Authority to discharge an obliga
tion or liability. This section applies notwith
standing any authority given under any other
Act, other than an authority given under the
Emergencies Act or any other Act in respect of
emergencies.
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153. Section 36 of the Act is replaced by
the following:
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Borrowing
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36. An Authority may, for the purpose of
defraying its expenses, borrow money in
Canada or elsewhere in an amount not more
than the maximum fixed for the Authority by
the Governor in Council.
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154. Paragraph 48(a) of the Act is re
placed by the following:
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155. The Act is amended by adding the
following after section 48:
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Contraven- tion
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48.1 A person who contravenes section 15.3
is guilty of an offence and liable to a fine of not
more than $10,000 for each day on which the
offence is committed or continued.
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156. Section 49 of the Act is replaced by
the following:
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To whom
fines paid
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49. All fines collected pursuant to this Act,
other than section 48.1, shall be paid to the
Authority concerned.
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157. The Act is amended by adding the
following after section 52:
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REPORT TO PARLIAMENT |
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Review and
report by
Authorities
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53. (1) The Minister shall, in consultation
with each Authority, its users and other
persons affected, before December 31, 1997,
review the pilot certification process for
masters and officers, training and licensing
requirements for pilots, compulsory pilotage
area designations, dispute resolution mecha
nisms and the measures taken in respect of
financial self-sufficiency and cost reduction,
and prepare a report of the findings.
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Tabling of
report
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(2) The Minister shall have a copy of each
report laid before each House of Parliament on
any of the first thirty days on which that House
is sitting after the Minister prepares it.
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158. The Act is amended by replacing the
name ``Great Lakes Pilotage Authority,
Ltd.'' with the name ``Great Lakes Pilotage
Authority'' in the following provisions:
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PART 8 |
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CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE |
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Consequential Amendments |
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R.S., c. A-1
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Access to Information Act
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159. (1) Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
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Canada Ports Corporation
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(2) Schedule I to the Access to Information
Act is amended by striking out the following
under the heading ``Other Government
Institutions'':
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Great Lakes Pilotage Authority, Ltd.
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160. Schedule I to the Act is amended by
striking out the following under the heading
``Other Government Institutions'':
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The St. Lawrence Seaway Authority
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161. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Great Lakes Pilotage Authority
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162. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Fraser River Port Authority
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Halifax Port Authority
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Montreal Port Authority
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Nanaimo Port Authority
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Port Alberni Port Authority
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Prince Rupert Port Authority
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Quebec Port Authority
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Saguenay Port Authority
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Saint John Port Authority
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Sept-Îles Port Authority
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St. John's Port Authority
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Thunder Bay Port Authority
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Toronto Port Authority
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Trois-Rivières Port Authority
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Vancouver Port Authority
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Windsor Port Authority
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1996, c. 10
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Canada Transportation Act
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163. Subsection 50(3) of the Canada
Transportation Act is replaced by the follow
ing:
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Restriction
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(3) No regulation made under subsection
(1) shall require or have the effect of requiring
any person to provide the Minister with a
contract referred to in subsection 68(1) or a
contract entered into under subsection 126(1)
or under section 54 of the Canada Marine Act.
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1992, c. 37
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Canadian Environmental Assessment Act
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164. (1) The portion of the definition
``federal authority'' in subsection 2(1) of
the Canadian Environmental Assessment
Act after paragraph (d) is replaced by the
following:
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(2) Paragraph (a) of the definition ``fed
eral lands'' in subsection 2(1) of the Act is
replaced by the following:
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165. Section 9 of the Act is replaced by the
following:
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Assessments
by harbour
commissions
and port
authorities
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9. Before the Hamilton Harbour Commis
sioners constituted pursuant to The Hamilton
Harbour Commissioners' Act, The Toronto
Harbour Commissioners constituted pursuant
to The Toronto Harbour Commissioners' Act,
1911, any harbour commission established
pursuant to the Harbour Commissions Act, a
not-for-profit corporation that enters into an
agreement under subsection 80(5) of the
Canada Marine Act or a port authority
established under that Act exercises a power
or performs a duty or function referred to in
paragraph 5(1)(a), (b) or (c) in relation to a
project, it shall ensure that an assessment of
the environmental effects of the project is
conducted in accordance with any regulations
made for that purpose under paragraph 59(k)
as early as is practicable in the planning stages
of the project and before irrevocable decisions
are made.
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1993, c. 34, s.
40(2)(F)
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166. Paragraph 59(k) of the Act is re
placed by the following:
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1989, c. 3
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Canadian Transportation Accident
Investigation and Safety Board Act
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167. Paragraphs 29(1)(c) and (d) of the
Canadian Transportation Accident Inves
tigation and Safety Board Act are replaced
by the following:
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R.S., c. F-8;
1995, c. 17, s.
45(1)
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Federal-Provincial Fiscal Arrangements Act
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168. Section 31 of the Federal-Provincial
Fiscal Arrangements Act is amended by
adding the following after subsection (2.1):
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