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PART 5 |
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HUMAN RESOURCES |
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Seaway |
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Successor
rights
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130. On the coming into force of an
agreement entered into under subsection
80(5), sections 44 to 46 of the Canada Labour
Code apply as if
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Designation
of employees
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131. The Minister may designate any
employee who performs duties or functions in
respect of properties or undertakings that are
the subject of an agreement entered into under
subsection 80(5) as a designated employee for
that property or undertaking.
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Local Port Corporations |
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Successor
rights
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132. On the continuance of a local port
corporation under section 12 as a port
authority, sections 44 to 46 of the Canada
Labour Code apply as if
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Harbour Commissions |
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Successor
rights
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133. Where, under section 10, 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
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Non-corporate Ports of Canada Ports Corporation |
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Designation
by Minister
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134. For the purposes of sections 135 to
137, the Minister may designate any
employee 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
designated employee for that port.
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Successor
rights
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135. (1) Where, under section 12, 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
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Successor
rights
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(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 134 in respect of non-corporate
ports, other than non-corporate ports that are
continued as port authorities under section 12,
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.
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Deemed
continuous
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(3) The employment of the designated
employees is deemed to be continuous.
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Minister's
powers
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136. (1) The Minister may, on behalf of Her
Majesty, appoint any employees that the
Minister considers appropriate for the
operation of a non-corporate port, other than
a non-corporate port continued as a port
authority under section 12, 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 subsection
135(2) .
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Government
Employees
Compensa- tion Act
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(2) For the purposes of the Government
Employees Compensation Act, the employees
referred to in subsection (1) are deemed to be
employees of the public service of Canada.
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Delegation
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137. The Minister may delegate the powers
and responsibilities of Her Majesty as
employer under Part I of the Canada Labour
Code to any person the Minister considers
appropriate.
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Public Service
Staff Relations
Act
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138. For greater certainty, the Public
Service Staff Relations Act does not apply to
designated employees of a non-corporate port
that is continued as a port authority under
section 12, or to employees appointed under
subsection 136(1) , after the date of the repeal
of the Canada Ports Corporation Act.
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General |
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Public Service
Superannua- tion Act
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138.1 For the purposes of section 40.1 of the
Public Service Superannuation Act, the
continuance or incorporation of a local port
corporation or a non-corporate port as a port
authority under section 12 is deemed to be a
transfer or divestiture, by Her Majesty in right
of Canada, of the administration of a service
to a person.
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PART 6 |
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MISCELLANEOUS |
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Dissolution of
Canada Ports
Corporation
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139. (1) On the repeal of the Canada Ports
Corporation Act, the Canada Ports
Corporation is dissolved and all its assets and
obligations devolve to the Crown under the
administration of the Minister.
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Consequences
for former
directors
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(2) The directors of the Canada Ports
Corporation cease to hold office on the
coming into force of section 197 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.
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Consequences
for officers
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(3) Neither the Canada Ports Corporation
nor Her Majesty in right of Canada is bound by
any severance agreement entered into
between the Corporation and any of its
officers after December 1, 1995.
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Agreements
- Marine
Atlantic Inc.
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140. (1) The Minister may enter into
agreements with any person, including the
government of a province, in respect of
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Disposition of
assets
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(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,
including the shares of a subsidiary.
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Regulations
- The
Jacques- Cartier and Champlain Bridges Inc.
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141. The Governor in Council may, by
regulation, provide that any provision of the
St. Lawrence Seaway Authority Act and the
regulations made under that Act, including
provisions imposing punishment, apply to The
Jacques-Cartier and Champlain Bridges Inc.,
with any modifications that the Governor in
Council considers appropriate.
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Regulations
- The
Seaway
International
Bridge
Corporation,
Ltd.
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142. The Governor in Council may, by
regulation, provide that any provision of the
St. Lawrence Seaway Authority Act and the
regulations made under that Act, including
provisions imposing punishment, apply to The
Seaway International Bridge Corporation,
Ltd., with any modifications that the
Governor in Council considers appropriate.
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Ridley
Terminals Inc.
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143. The Minister is the appropriate
minister for Ridley Terminals Inc. for the
purposes of the Financial Administration Act.
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Review of Act
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144. A review of the provisions and
operation of this Act shall be completed by the
Minister during the fifth year after this Act is
assented to. The Minister shall cause a report
of the results of the review to be laid before
each House of Parliament on any of the first
fifteen days on which that House is sitting
after the report is completed.
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PART 7 |
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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
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AMENDMENTS TO THE PILOTAGE ACT |
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R.S., c. 1 (4th
Supp.), s. 44
(Sch. II, item
19 (A))
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145. (1) Subsection 3(2) of the Pilotage
Act is replaced by the following:
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Appointment
of Chairman
of Authority
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(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
Chairman of an Authority to hold office
during pleasure for the term that the Governor
in Council considers appropriate.
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(2) Section 3 of the Act is amended by
adding the following after subsection (3):
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Full- or part-
time
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(3.1) The Chairman and the Vice-Chairman
may be appointed to serve full-time or
part-time.
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146. Sections 5 to 8 of the Act are replaced
by the following:
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Great Lakes
Pilotage
Authority,
Ltd.
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5. The name ``Great Lakes Pilotage
Authority, Ltd.'' is changed to ``Great Lakes
Pilotage Authority'' and the Authority is
deemed to have been established under
subsection 3(1).
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146.1 Section 11 of the Act is replaced by
the following:
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Reappoint- ment
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11. On the expiration of the term of office of
a member of an Authority, the member is
eligible for reappointment in the same or
another capacity.
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147. Subsection 13(1) of the Act is
replaced by the following:
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Chairman
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13. (1) Where the Chairman of an Authority
serves full-time, the Chairman has the
direction 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.
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Part-time
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(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.
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148. The Act is amended by adding the
following after section 15:
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Renewal of
contract
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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.
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No agreement
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(2) The Minister shall choose the mediator
or arbitrator if the parties cannot agree on one
or if the one they choose is unavailable.
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Mediation
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(3) The mediator has thirty days in which to
bring the parties to agreement on the
outstanding issues, at the end of which time
the parties to the contract shall refer all of the
remaining outstanding issues to the arbitrator.
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Final offers
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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
arbitrator.
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Decision of
arbitrator
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(2) Within fifteen days, the arbitrator shall
choose one or other of the final offers in its
entirety .
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Effect of
decision
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(3) The final offer chosen by the arbitrator
is final and binding and becomes part of the
new contract for services that is effective on
the day after the former contract expires.
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Sharing of
costs
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(4) The parties to the contract shall share
equally the cost of the fees of the mediator or
arbitrator.
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Continuation
of services
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15.3 A body corporate with which an
Authority has contracted for services under
subsection 15(2) and the members and
shareholders of the body corporate are
prohibited from refusing to provide pilotage
services while a contract for services is in
effect or being negotiated.
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149. Subsection 33(3) of the Act is
replaced by the following:
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(3) The tariffs of pilotage charges
prescribed 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
reasonable.
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R.S., c. 28
(3rd Supp.),
s. 359 (Sch.,
s. 9)
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150. Subsection 34(1) of the Act is
replaced by the following:
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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
recommendation 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
recommended 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
subsection 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
Transportation Act applies, with such
modifications as the circumstances require, in
respect of every recommendation of the
Agency under subsection (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
obligation or liability. This section applies
notwithstanding 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
replaced 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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