Recommen-
dation 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 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.

Period for specified classes

(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.

Obligation to reimburse

(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.

Subsection 34(1) does not apply

(5) The publication requirements of subsection 34(1) do not apply in respect of pilotage charges fixed pursuant to a recommendation of the Agency.

Copy submitted to Minister

(6) The Agency shall submit a copy of its recommendation to the Minister immediately after it is made.

Governor in Council may vary or rescind

(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.

152. The Act is amended by adding the following before section 36:

No appropriation

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.

153. Section 36 of the Act is replaced by the following:

Borrowing

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.

154. Paragraph 48(a) of the Act is replaced by the following:

    (a) any provision of this Act, other than section 15.3,

155. The Act is amended by adding the following after section 48:

Contraven-
tion

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.

156. Section 49 of the Act is replaced by the following:

To whom fines paid

49. All fines collected pursuant to this Act, other than section 48.1, shall be paid to the Authority concerned.

157. The Act is amended by adding the following after section 52:

REPORT TO PARLIAMENT

Review and report by Authorities

53. (1) The Minister shall, in consultation with each Authority, its users and other persons affected, at the latest one year after the coming into force of this section, review the pilot certification process for masters and officers, training and licensing requirements for pilots, compulsory pilotage area designations, dispute resolution mechanisms and the measures taken in respect of financial self-sufficiency and cost reduction, and prepare a report of the findings.

Tabling of report

(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.

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:

    (a) subsections 46(1) and (2); and

    (b) the schedule.

PART 8

CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Consequential Amendments

R.S., c. A-1

Access to Information Act

159. (1) Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Canada Ports Corporation

    Société canadienne des ports

(2) Schedule I to the Access to Information Act is amended by striking out the following under the heading ``Other Government Institutions'':

Great Lakes Pilotage Authority, Ltd.

    Administration de pilotage des Grands Lacs, Limitée

160. Schedule I to the Act is amended by striking out the following under the heading ``Other Government Institutions'':

The St. Lawrence Seaway Authority

    Administration de la voie maritime du Saint-Laurent

161. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Great Lakes Pilotage Authority

    Administration de pilotage des Grands Lacs

162. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Fraser River Port Authority

    Administration portuaire du fleuve Fraser

Halifax Port Authority

    Administration portuaire de Halifax

Hamilton Port Authority

    Administration portuaire de Hamilton

Montreal Port Authority

    Administration portuaire de Montréal

Nanaimo Port Authority

    Administration portuaire de Nanaïmo

North Fraser Port Authority

    Administration portuaire du North-Fraser

Port Alberni Port Authority

    Administration portuaire de Port-Alberni

Prince Rupert Port Authority

    Administration portuaire de Prince-Rupert

Quebec Port Authority

    Administration portuaire de Québec

Saguenay Port Authority

    Administration portuaire du Saguenay

Saint John Port Authority

    Administration portuaire de Saint-Jean

Sept-Îles Port Authority

    Administration portuaire de Sept-Îles

St. John's Port Authority

    Administration portuaire de St. John's

Thunder Bay Port Authority

    Administration portuaire de Thunder Bay

Toronto Port Authority

    Administration portuaire de Toronto

Trois-Rivières Port Authority

    Administration portuaire de Trois-Rivières

Vancouver Port Authority

    Administration portuaire de Vancouver

Windsor Port Authority

    Administration portuaire de Windsor

1996, c. 10

Canada Transportation Act

163. Subsection 50(3) of the Canada Transportation Act is replaced by the following:

Restriction

(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 53 of the Canada Marine Act.

1992, c. 37

Canadian Environmental Assessment Act

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:

    but does not include the Commissioner in Council or an agency or body of the Yukon Territory or the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners' Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration 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;

(2) Paragraph (a) of the definition ``federal lands'' in subsection 2(1) of the Act is replaced by the following:

      (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory or the Northwest Territories and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act,

165. Section 9 of the Act is replaced by the following:

Assessments by harbour commissions and port authorities

9. Before the Hamilton Harbour Commissioners 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.

1993, c. 34, s. 40(2)(F)

166. Paragraph 59(k) of the Act is replaced by the following:

    (k) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for, projects for which The Hamilton Harbour Commissioners 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 subse1ction 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), respecting any action to be taken in respect of those projects during the environmental assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;

1989, c. 3

Canadian Transportation Accident Investigation and Safety Board Act

167. Paragraphs 29(1)(c) and (d) of the Canadian Transportation Accident Investigation and Safety Board Act are replaced by the following:

    (c) any type of communications respecting marine traffic regulation or related matters that take place between any of the following persons, namely, marine traffic regulators, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, ship crew members (including masters, officers, pilots and ice advisers), and staff of Coast Guard radio stations, rescue coordination centres and subcentres and harbour master offices; or

    (d) any type of communications respecting maritime distress, maritime safety or related matters

      (i) that take place between any of the following persons, namely, Coast Guard radio station operators, ship crew members (including masters, officers, pilots and ice advisers), and staff of vessel traffic services centres, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, rescue coordination centres and subcentres, harbour master offices and ship agents' offices, or

      (ii) that take place between any person on shore and a ship via a Coast Guard radio station.

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act