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Property |
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Federal Real
Property Act
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90. For the purposes of the Federal Real
Property Act, the Minister or other member of
the Queen's Privy Council for Canada to
whom federal real property is transferred
under subsection 80(1) or (2) has the adminis
tration of the property.
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Powers re
property of
Her Majesty
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91. (1) Where an agreement entered into
under subsection 80(5) so provides, the person
who has entered into the agreement
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Legal
proceedings
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(2) A civil, criminal or administrative
action or proceeding with respect to federal
real property that a person who has entered
into an agreement under subsection 80(5)
manages, or any property that it holds, or with
respect to any act or omission occurring on the
property, shall be taken by or against the
person and not the Crown.
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Federal Real
Property Act
does not apply
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(3) The Federal Real Property Act, other
than section 12, does not apply to a lease or
licence referred to in paragraph (1)(c).
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Application of
provincial law
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(4) 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.
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No pledge of
property
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(5) A person who has entered into an
agreement under subsection 80(5) may not
mortgage, hypothecate, pledge or otherwise
create a security interest in the property the
person manages under that agreement in any
way other than, where the agreement so
provides, to pledge its revenues for the term of
the agreement.
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Fees |
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Fees
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92. (1) Where an agreement under subsec
tion 80(5) so provides and subject to subsec
tion (2), the person who has entered into the
agreement may fix fees that
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Fees by
international
agreement
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(2) Where an agreement in respect of fees is
entered into by Canada and the United States
and is in force, the person who has entered into
an agreement under subsection 80(5) shall
charge the fees fixed under the international
agreement in accordance with the directions
of the Governor in Council.
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Coming into
force of fees
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(3) The tariffs of tolls established by the
Authority under section 16 of the St. Lawrence
Seaway Authority Act continue in force until
they are repealed by the person who has
entered into an agreement under subsection
80(5) and no fee fixed by the person under
subsection (1) shall come into force until that
repeal.
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Discrimina- tion among users
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93. (1) A person who has entered into an
agreement under subsection 80(5) shall not
unjustly discriminate among users or classes
of users of the Seaway, give an undue or
unreasonable preference to any user or class of
user or subject any user or class of user to an
undue or unreasonable disadvantage with
respect to the Seaway.
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Exception re
commercially
acceptable
discrimi- nation
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(2) It is not unjust discrimination and it is
not an undue nor an unreasonable preference
or disadvantage to differentiate among users
or classes of users on the basis of the volume
or value of goods shipped or on any other basis
that is generally commercially accepted.
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Notice of fees
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94. (1) A notice setting out the fees fixed
under subsection 92(1) shall be filed with the
Agency and the fees may be charged from the
date of filing.
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Complaints
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(2) Any interested person may at any time
file a complaint with the Agency that there is
unjust discrimination in a fee referred to in
subsection (1), and the Agency shall consider
the complaint without delay and report its
findings to the Minister or to the person who
fixed the fee, as the case may be, and they shall
govern themselves accordingly.
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Governor in
Council may
vary or
rescind
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(3) Section 40 of the Canada Transporta
tion Act applies, with such modifications as
the circumstances require, to every report of
the Agency made under subsection (2) as if the
report were a decision made pursuant to that
Act.
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Official Languages Act |
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Official
Languages
Act
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95. The Official Languages Act applies, in
respect of the management of properties and
undertakings that are the subject of an agree
ment entered into under subsection 80(5), to
the person who has entered into the agreement
as if the person were a federal institution
within the meaning of that Act.
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Dissolution |
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Dissolution of
Authority
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96. (1) The Authority is dissolved on the
date fixed by the Governor in Council and all
its assets and obligations devolve to Her
Majesty in right of Canada under the adminis
tration of the Minister.
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Shares of
subsidiary
companies
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(2) On the dissolution of the Authority,
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Consequences
for former
directors
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(3) The directors of the Authority and of its
subsidiaries, other than the Great Lakes
Pilotage Authority, Ltd., cease to hold office
on the date fixed under subsection (1).
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Consequences
for officers
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(4) Neither the Minister nor a person who
has entered into an agreement under subsec
tion 80(5) is bound by any severance agree
ment entered into between the Authority or
any of its subsidiaries and any of their officers
after December 1, 1995.
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Location of
Authority
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97. (1) Until the dissolution of the Authority
by virtue of section 96, the Corporate Services
of the Authority shall be located in Cornwall,
Ontario.
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Location of
certain
services
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(2) Upon the dissolution of the Authority,
the Administrative Services, Audit Services,
Finance and Accounting, Human Resources
Services, Information Technology Services,
Marine Services, Operation Services, Mainte
nance Services and Tolls and Statistics offered
in respect of the operations of the St. Law
rence Seaway shall be located in Cornwall,
Ontario.
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Regulations |
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Regulations
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98. (1) The Governor in Council may make
regulations respecting
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Deeming
provision
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(2) Regulations made by the Authority
under section 20 of the St. Lawrence Seaway
Authority Act are deemed to have been made
by the Governor in Council under this section.
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Traffic Control |
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Traffic control
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99. Subject to regulations made under
section 98, a person or a member of a class of
persons designated by the Minister or, where
an agreement under subsection 80(5) so
provides, by the person who has entered into
the agreement, may take the measures neces
sary for the control of traffic in the Seaway,
and sections 57 to 60 apply with such modifi
cations as the circumstances require, except
that, in making those modifications to section
59, the references in that section to a person or
member of a class of persons designated under
subsection 59(1) shall be taken to be refer
ences to a person or member of a class of
persons designated under this section.
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General |
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Powers of
United States
authority
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100. The appropriate authority in the
United States in respect of the Seaway has the
powers necessary to enable it to act, in
Canada, jointly or in conjunction with the
Minister or with any person who has entered
into an agreement under subsection 80(5).
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Navigable
Waters
Protection Act
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101. (1) The Navigable Waters Protection
Act does not apply to works, within the
meaning of that Act, to which this Part applies.
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Works lawful
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(2) Any work that is undertaken in accor
dance with this Part is a lawful work, within
the meaning of the Navigable Waters Protec
tion Act, even though it interferes with
navigation.
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International
Boundary
Waters Treaty
Act
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102. Nothing in this Part affects the opera
tion of the International Boundary Waters
Treaty Act.
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PART 4 |
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REGULATIONS AND ENFORCEMENT |
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Interpretation |
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Definitions
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103. The definitions in this section apply in
this Part.
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``court'' « tribunal »
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``court'' means
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``court of
appeal'' « tribunal d'appel »
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``court of appeal'' means, in the province in
which an order referred to in subsection
119(3) is made, the court of appeal for that
province as defined in section 2 of the Crim
inal Code. It includes the Federal Court of
Appeal.
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Regulations |
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Regulations
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104. (1) The Governor in Council may
make regulations respecting the navigation
and use of the navigable waters of a natural or
man-made harbour, other than a harbour to
which Part 1 or 2 applies, including regula
tions for the safety of persons and ships in
those waters.
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Application
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(2) Regulations made under subsection (1)
may apply only to navigable waters desig
nated by the Governor in Council.
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Regulations
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105. The Governor in Council may make
regulations generally for carrying out the
purposes of this Act.
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Traffic Control |
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Traffic control
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106. Subject to regulations made under
section 104, 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 the navigable waters
designated by the Governor in Council under
subsection 104(2), and sections 57 to 60 apply
with such modifications as the circumstances
require, except that, in making those modifi
cations to section 59, the references in that
section to a person or member of a class of
persons designated under subsection 59(1)
shall be taken to be references to a person or
member of a class of persons designated under
this section.
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Liability for Fees |
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Ships and
cargo
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107. (1) The fees and interest fixed under
this Act in respect of a ship or goods shall be
paid by the owner or the person in charge of
the ship or the owner of the goods without
prejudice to any right of recourse the owner or
person may have in law against a third party
for the recovery of the amounts so paid.
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Fees for use
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(2) The fees and interest fixed under this
Act in respect of a person, vehicle or aircraft
shall be paid by that person or by the owner of
the vehicle or aircraft.
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Enforcement |
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Designation
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Enforcement
officers
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108. (1) The Minister may designate any
person or member of a class of persons as an
enforcement officer for the purposes of this
Act and shall furnish each person so desig
nated with a certificate of designation.
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Area of
designation
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(2) A designation as an enforcement officer
is in respect of
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Certificate to
be produced
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(3) In carrying out duties and functions
under this Act, an enforcement officer shall,
on request, produce the certificate of designa
tion to the individual appearing to be in charge
of any ship, vehicle, aircraft, premises or other
place or any goods, in respect of which the
officer is acting.
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Inspection
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Powers of
enforcement
officers
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109. (1) An enforcement officer may, for
the purpose of ensuring compliance with this
Act, other than sections 59, 76, 99 and 106, or
of a regulation made under this Act, other than
under subsection 27(2),
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Operation of
computer
systems and
copying
equipment
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(2) In carrying out an inspection of a place,
an enforcement officer may
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Duty to assist
enforcement
officers
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110. The owner or person who is in
possession or control of a place that is
inspected under section 109, and every person
who is found in the place, shall
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Search and Seizure
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Warrant
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111. (1) An enforcement officer with a
warrant issued under subsection (3) may, at
any reasonable time, search any ship, vehicle,
aircraft, premises or other place if the officer
believes on reasonable grounds that there is in
the place
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