This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.

The enactment amends the Customs Act to require that, on request, any person in possession or control of imported goods make those goods available for examination in accordance with regulations and deliver those goods, or cause them to be delivered, to a secure area that meets the requirements set out in regulation.

The enactment also amends the Railway Safety Act to, among other things,

The enactment also amends the Transportation of Dangerous Goods Act, 1992 to, among other things,

The enactment also amends the Marine Transportation Security Act to, among other things,

The enactment also amends the Canada Transportation Act to, among other things,

The enactment also amends the Canada Marine Act to, among other things,

Finally, it makes a consequential amendment to the Transportation Appeal Tribunal of Canada Act.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Making goods available for examination

19.‍01 (1) Any person who has goods in their possession or control that have been imported must, at the request of an officer and in accordance with the regulations, make those goods available for examination, including by delivering the goods, or causing them to be delivered, to a place specified by the officer.

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner in which to make goods available for examination.

Secure area

19.‍02 (1) Any person who has goods in their possession or control that have been imported must, at the request of an officer and in accordance with the regulations, deliver the goods, or cause them to be delivered, to a secure area that consists of a building, accommodation or other facility — that is determined to be adequate under a regulation made under subsection 6(3) — for the detention and examination of those goods by customs officers.

Regulations

(2) The Governor in Council may make regulations for the purposes of subsection (1), including regulations respecting the time and manner of delivery of goods to a secure area.

• (a) promote and provide for the safety of the public and personnel, and the protection of property and the environment, in railway operations;

• (b) encourage the collaboration and participation of interested parties in improving railway safety;

• (c) recognize the responsibility of companies to demonstrate, by using safety management systems, security management systems and other means at their disposal, that they continuously manage risks related to safety and security matters; and

• (d) facilitate a modern, flexible and efficient regulatory scheme that will ensure the continuing enhancement of railway safety.

Minister’s responsibilities

3.‍1 The Minister is responsible for the development and regulation of matters to which this Act applies, including railway safety, and for the supervision of all matters connected with railways and, in the discharge of those responsibilities, the Minister may, among other things,

• (a) promote railway safety by means that the Minister considers appropriate;

• (b.‍1) an order referred to in section 32 or 32.‍01 that relates to security,

• (c) an emergency directive made under section 33 that relates to security,

• (d) a security measure formulated under subsection 39.‍1(1), and

• (e) a requirement or authorization, contained in a notice, referred to in subsection 39.‍1(2); (texte relatif à la sûreté du transport ferroviaire)

safety includes security, except in the case of a safety management system or anything relating to such a system; (sécurité)

security management system means a formal framework for integrating security into day-to-day railway operations and may include security policy, risk assessments, responsibilities and authorities within the company, security plans, and monitoring and evaluation processes to which the company is subject; (système de gestion de la sûreté)

•  

  (a) railway safety and the safety aspects of railway crossings; or

Minister may seek advice

(5) The Minister may, in deciding whether to approve rules filed by a company, engage any person or organization having expertise in matters relating to safe railway operations to furnish advice in relation to the matter or consult with any other relevant party.

Documents and information

(4.‍1) A company that applies for an exemption under subsection (4) shall submit to the Minister any document or information specified by the Minister.

Suspension of period

(8) However, the periods referred to in subsection (7) are suspended until the Minister has received any information or document required under subsection (4.‍1).

Renewals, cancellations or amendments of exemptions

(9) The Minister may, in respect of an exemption granted under subsection (2),

• (a) renew the exemption, if in the opinion of the Minister the renewal is in the public interest and is not likely to threaten safe railway operations;

• (b) cancel the exemption, if in the opinion of the Minister the cancellation is in the public interest or the exemption is likely to threaten safe railway operations; and

• (c) amend the exemption, if in the opinion of the Minister the amendment is in the public interest and is not likely to threaten safe railway operations.

Publication

(10) Any exemption granted under subsection (1) or (2) shall be published on the Transport Canada website and by any other means that the Minister considers appropriate within 30 days after it comes into force.

Documents and information

(2.‍1) A company that seeks an exemption under subsection (1) shall submit to the Minister any document or information specified by the Minister.

Suspension of period

(4.‍1) However, the periods referred to in subsection (4) are suspended until the Minister has received any information or document required under subsection (2.‍1).

Renewals, cancellations or amendments of exemptions

(6) The Minister may

• (a) renew the exemption, if in the opinion of the Minister the renewal is in the public interest and is not likely to threaten safety;

• (b) cancel the exemption, if in the opinion of the Minister the cancellation is in the public interest or the exemption is likely to threaten safety; and

• (c) amend the exemption, if in the opinion of the Minister the amendment is in the public interest and is not likely to threaten safety.

Other Prohibitions

Interference, damage or destruction

26.‍3 No person shall, without lawful excuse, interfere with any railway work, railway equipment or railway operation, or damage or destroy any railway work or railway equipment, in a manner that threatens the safety of railway operations.

Unruly or dangerous behaviour

26.‍4 No person shall behave in a manner that endangers or risks endangering the safety of a station, railway equipment or individuals who are at the station or on board the railway equipment, or behave in an unruly manner toward employees or agents or mandataries of a company.

Notices of Railway Safety Inspectors

Deficiency — regulations under subsection 18(2.‍1)

(2.‍1) If the Minister is of the opinion that a company is taking measures in relation to a requirement of a regulation made under subsection 18(2.‍1) that have deficiencies that risk compromising the security of railway transportation, the Minister, by notice sent to the company,

• (a) shall inform the company of that opinion and of the reasons for it; and

• (b) may order the company to take the necessary corrective measures.

Management system deficiencies

(3.‍1) If the Minister is of the opinion that the safety management system or the security management system established by a company has deficiencies that risk compromising railway safety or railway security, as the case may be, the Minister may, by notice sent to the company, order the company to take the necessary corrective measures.

Implementation of management system

(3.‍2) If the Minister is of the opinion that a company is implementing any part of its safety management system or its security management system in a manner that risks compromising railway safety or railway security, as the case may be, the Minister may, by notice sent to the company, order it to take the necessary corrective measures.

Contents of notice

(4) An order contained in a notice under subsection (1) or under any of subsections (2.‍1) to (3.‍21) takes effect on the date of receipt of the notice. The notice shall indicate the date, which shall be 30 days after the day on which the notice is sent, on or before which the recipient may file a request for a review of the order and the address to which the request may be filed.

Stay of order

32.‍3 If a request for review is filed, an order made under subsection 32(1), (3.‍1) or (3.‍2) shall be stayed until the matter is finally disposed of in accordance with section 32.‍1, 32.‍2 or 32.‍4. However, an order made under subsection 32(2.‍1), (3) or (3.‍21) or section 32.‍01 shall not be stayed pending a review under section 32.‍1, an appeal under section 32.‍2 or a reconsideration by the Minister under subsection 32.‍1(5) or 32.‍2(3).

Transportation Security Clearance

Grant, refusal, etc.

39.‍3 (1) The Minister may, for the purposes of this Act, grant or refuse to grant a transportation security clearance to any person or suspend or cancel a transportation security clearance.

Non-application — subsection 47.‍2(2)

(2) The limitations described in subsection 47.‍2(2) do not apply to any fees or charges to be paid in relation to transportation security clearances.

• (ii) any rule, standard, order, emergency directive, or security measure made under this Act; and

Obstruction of officers

(6) No person shall, while an enforcement officer is carrying out their functions under this Act, fail to comply with any reasonable request of the officer or otherwise obstruct or hinder the officer.

Assurance of compliance — no notice served

40.‍131 (1) If the Minister has reasonable grounds to believe that a person who has not been served with a notice of violation under section 40.‍14 has committed a violation, the Minister may enter into an assurance of compliance with the person that

• (a) identifies the violation and provides that the person will comply with the provision to which the violation relates within the period and subject to the terms and conditions specified in the assurance;

• (b) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister; and

• (c) sets out the penalty that the person would have been liable to pay for the violation if the assurance had not been entered into.

Extension of period

(2) The Minister may extend the period specified under paragraph (1)‍(a) if the Minister is satisfied that the person is unable to comply with the assurance of compliance for reasons beyond the person’s control.

Deemed violation

(3) A person who enters into an assurance of compliance is deemed to have committed the violation in respect of which the assurance was entered into, unless they request a review under subsection (4).

Request for review

(4) A person who enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default has been served under subsection (6), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review of the facts of the violation and the amount of the penalty is deemed to have been requested under section 40.‍16.

Notice of compliance

(5) If the Minister is satisfied that a person has complied with an assurance of compliance, the Minister shall cause a notice to that effect to be served on the person and, on the service of the notice,

• (a) no further proceedings may be taken against the person with respect to the violation in respect of which the assurance was entered into; and

• (b) any security deposited under paragraph (1)‍(b) must be returned to the person.

Notice of default

(6) If the Minister is of the opinion that a person has not complied with an assurance of compliance, the Minister shall cause a notice of default to be served on the person to the effect that

• (a) the person is liable to pay, in the time and manner specified in the notice of default, twice the amount of the penalty set out in the assurance without taking into account the limit specified in paragraph 40.‍1(b); or

• (b) any security deposited under paragraph (1)‍(b) is forfeited to His Majesty in right of Canada.

Contents of notice

(7) The notice of default shall indicate the date, which shall be 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the address where the request may be filed and shall include the particulars concerning the procedure for requesting a review.

No set-off or compensation

(8) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the assurance of compliance.

Return of security

(9) Any security deposited under subsection (1) shall be returned to the person if

• (a) a notice is served under subsection (6) and the person pays double the amount of the penalty set out in the assurance of compliance; or

• (b) a member determines under section 40.‍18 or an appeal panel decides under section 40.‍19 that the person has complied with the assurance.

Request for compliance agreement — notice served

40.‍151 Instead of paying the penalty set out in the notice of violation, the person served with the notice may, within the time and in the manner specified in the notice, request to enter into a compliance agreement with the Minister under section 40.‍152 that ensures the person’s compliance with the provision to which the violation relates.

Compliance agreement — notice served

40.‍152 (1) The Minister may, on application made under section 40.‍151, enter into a compliance agreement with a person who has been served with a notice of violation on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

• (a) include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

• (b) provide for the reduction, in whole or in part, of the penalty for the violation.

Deemed violation

(2) A person who enters into a compliance agreement with the Minister under subsection (1) is deemed to have committed the violation in respect of which the agreement was entered into.

Notice of compliance

(3) If the Minister is satisfied that a person has complied with a compliance agreement, the Minister shall cause a notice to that effect to be served on the person, at which time

• (a) the proceedings commenced in respect of the violation are ended; and

• (b) any security deposited under paragraph (1)‍(a) shall be returned to the person.

Notice of default

(4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served on the person to the effect that

• (a) instead of being liable to pay the amount of the penalty set out in the notice of violation, the person is liable to pay, in the time and manner specified in the notice of violation, twice the amount of that penalty, without taking into account the limits specified in paragraph 40.‍1(b); or

• (b) any security deposited under paragraph (1)‍(a) is forfeited to His Majesty in right of Canada.

Effect of notice of default

(5) On the service of a notice of default, the person served has no right of set-off or compensation against any amount that they spent under the compliance agreement and

• (a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or

• (b) if the notice provides for the forfeiture of the security deposited under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

Effect of payment

(6) If a person served with a notice of default pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

Refusal to enter into compliance agreement

40.‍153 (1) If the Minister refuses to enter into a compliance agreement requested under section 40.‍151, the person who made the request may, in the time specified by the Minister and manner specified in the notice of violation,

• (a) pay the amount of the penalty set out in the notice of violation; or

• (b) file a request for a review under subsection 40.‍16(1).

Effect of payment

(2) If a person pays the amount set out in the notice of violation in the time specified by the Minister and manner specified in the notice of violation, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

Request for review of compliance

(1.‍1) A person served with a notice of default under subsection 40.‍131(6) that wishes to have the Minister’s decision made under that subsection reviewed shall, on or before the date specified in the notice — or within any further time that the Tribunal on application may allow — file a written request for a review with the Tribunal.

Time and place for review

(2) On receipt of a request, the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person that filed the request of the time and place in writing.

Burden of proof

(4) The Minister has the burden of establishing that a person has committed a violation or has not complied with the assurance of compliance referred to in the notice of default.

Certain defences not available

(6) For the purposes of a request for review under subsection (1.‍1), a person does not have a defence by reason that the person exercised due diligence to comply with the assurance of compliance.

• (c) that the person has complied with the assurance of compliance, in which case, subject to section 40.‍19, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or

• (d) that the person has not complied with the assurance of compliance, in which case, the member confirms the decision made by the Minister under subsection 40.‍131(6).

Disposition of appeal

(3) The appeal panel of the Tribunal assigned to hear an appeal may

• (a) in the case of a determination made under paragraphs 40.‍18(a) or (b), dismiss the appeal or allow the appeal and, subject to any regulations made under paragraph 40.‍1(b), substitute its own decision; or

• (b) in the case of a determination made under paragraphs 40.‍18(c) or (d), dismiss the appeal or allow the appeal and substitute its own decision.

Finding of violation

(4) After making its decision, the appeal panel shall inform the person and the Minister of its decision without delay and specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid.

• (a) to pay the amount of a penalty set out in a notice of violation, or in a notice of default served under subsection 40.‍131(6) or 40.‍152(4), or to file a request for a review under section 40.‍16;

• (b) to pay an amount set out in a decision made under paragraph 40.‍18(b) or (d) or file an appeal under section 40.‍19; or

Regulations — security management systems

(1.‍1) The Governor in Council may make regulations respecting security management systems.

• (b) in relation to the filing of documents and the making of applications for, and the issuance of, certificates, exemptions, licences, approvals or transportation security clearances under this Act.

Statutory review

51 (1) The Minister shall, on the fifth anniversary of the day on which this subsection comes into force, and every five years after that anniversary, appoint one or more persons to carry out a comprehensive review of the operation of this Act.

safety standard means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, requalification, equipping, functioning, use or performance; (norme de sécurité)

prescribed means prescribed by regulations; (Version anglaise seulement)

• (b) a requirement for persons engaged in designing, manufacturing, repairing, requalifying or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or

enforcement officer means a person designated as an enforcement officer under subsection 32.‍12(1); (agent de l’autorité)

Authorizations

Powers and duties

3.‍1 The Minister may, in writing, authorize any person designated by the Minister to exercise any of the Minister’s powers and duties under this Act, either generally or as otherwise provided in the instrument of authorization.

• (a) the person has, subject to the regulations, a registration number assigned under section 6.‍11;

• (a.‍1) the person complies with all safety requirements and security requirements that apply under the regulations;

Prohibition — means of containment

5.‍1 No person shall design, manufacture, repair, requalify or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations.

Prohibition — means of containment

5.‍1 No person shall design, manufacture, repair, requalify or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person holds, subject to the regulations, a certificate of registration issued under section 6.‍2 and complies with all safety requirements that apply under the regulations.

Prohibition — compliance mark

6 No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — in respect of the manufacture, repair or requalification of the means of containment, unless the manufacture, repair or requalification was done in compliance with all safety requirements and safety standards applicable to that compliance mark.

Application for registration number — dangerous goods

6.‍11 (1) An application for a registration number required under paragraph 5(a) shall be made to the Minister in the prescribed form and manner with the prescribed information.

Registration number

(2) The Minister may assign a registration number to an applicant.

Information

(3) The Minister may collect any personal information or confidential business information that an applicant provides.

Previous registration numbers

(4) Any registration number that was assigned under this Act, on or before the day on which this section comes into force, to a person who imports, offers for transport, handles or transports any dangerous goods is deemed to be a registration number assigned under subsection (2).

Registration

Application for certificate of registration — means of containment

6.‍2 (1) An application for a certificate of registration required under section 5.‍1 shall be made to the Minister in the prescribed form and manner with the prescribed information.

Issuance

(2) The Minister may issue a certificate of registration to an applicant.

Amendment, suspension, etc.

(3) The Minister may amend, suspend or revoke, or impose any terms and conditions in respect of, any certificate of registration.

Information

(4) The Minister may collect any personal information or confidential business information that an applicant provides.

Disclosure of information

(5) The Minister may disclose or publish any information respecting any certificate of registration, except personal information.

Continuation of previous registrations

(6) Any registration number assigned, or certificate of registration issued, under this Act to a person who designs, manufactures, repairs, requalifies or equips a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, that is valid on the day on which this section comes into force, is deemed to have been issued under subsection (2).

• (a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies and impose any terms and conditions related to the implementation of the plan that the Minister considers appropriate; or

• (b) authorize any person with an approved emergency response assistance plan to implement the plan in order to respond to an actual or anticipated release of dangerous goods.

Implementation report

7.‍11 Subject to the regulations, every person who implements an approved emergency response assistance plan shall report its implementation to the Minister and any prescribed person, in accordance with the regulations, and include in the report any prescribed information.

Notice of defective repair or defective requalification

(3) The Minister may direct a person who repaired or requalified a standardized means of containment to issue a notice of defective repair or defective requalification, as the case may be, to the person for whom it was repaired or requalified, or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or requalified the standardized means of containment

Proof of financial responsibility

(2) A person who carries on any of those activities shall, on request, provide to an inspector or to an enforcement officer the proof that is required under the regulations of financial responsibility.

• (b) means of containment being manufactured, repaired or requalified on which a compliance mark is displayed or will be affixed;

Remedying non-compliance — dangerous goods

17 (1) If an inspector believes on reasonable grounds that dangerous goods are being imported, offered for transport, handled or transported — or that a standardized means of containment is being sold, offered for sale, delivered, distributed, imported or used — in a way that does not comply with this Act, the inspector may, until satisfied that the activity will be done in compliance with this Act,

• (a) remove to an appropriate place, or direct a person to so remove, the dangerous goods, the means of containment being used to handle or transport them or the standardized means of containment; or

• (b) detain, or direct a person to detain, the dangerous goods, the means of containment being used to handle or transport them or the standardized means of containment.

Duty to report

18 (1) Subject to the regulations, any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods from the means of containment if the release endangers, or could endanger, public safety.

• (a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15 or by an enforcement officer under section 32.‍13;

• (a.‍1) for the purposes of the administration of this Act, in the case of information referred to in paragraph (1)‍(b);

• (d) to an enforcement officer for the purpose of training of enforcement officers, in the case of information obtained in a record of a communication referred to in paragraph (1)‍(b).

• (d.‍1) defining, for the purposes of any provision of this Act that relates to dangerous goods, the words “import”, “offer for transport”, “handling” and “transport” and, for the purposes of any provision of this Act that relates to means of containment, the words “requalify”, “sell”, “offer for sale”, “deliver”, “distribute”, “import” and “use”;

• (j.‍3) respecting the issuance, amendment, suspension, revocation and terms and conditions of a certificate of registration referred to in subsection 6.‍2(1);

• (j.‍4) exempting, under any circumstances and conditions specified, any person, class of persons or means of containment from the application of sections 5.‍1 and 6.‍2;

• (j.‍21) exempting, under any circumstances and conditions specified, any person, class of persons or dangerous goods from the application of section 6.‍11;

• (k.‍11) respecting the form of and manner of making a report referred to in section 7.‍11 and the circumstances under which the report is required;

• (k.‍12) exempting any person or class of persons from the application of section 7.‍11;

• (k.‍13) respecting the contents and implementation of emergency response assistance plans;

• (q) exempting any person or class of persons from the application of section 18;

• (r) respecting the manner of making the reports referred to in section 18, the information to be included in them and the circumstances in which they are required;

• (w) prescribing or providing for anything else that by this Act is to be prescribed or provided for by the regulations.

• (j) respecting the manner of making the reports referred to in section 18, the information to be included in them and the circumstances in which they are required;

• (l) prescribing or providing for anything else that by this Act is to be prescribed or provided for by the regulations.

• (b) in relation to applying for equivalency certificates described in subsection 31(1), approvals or registrations.

Emergency certificate

(2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the activity is necessary to deal with an emergency in which there is danger to public safety or to security.

Temporary certificate

(2.‍1) The Minister may, in the public interest or for the purposes of security, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act.

Revocation of certificate

(6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if

• (a) the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.‍1), as the case may be;

• (b) the regulations have been amended and have the same effect as the certificate; or

• (c) the Minister is of the opinion that it is in the public interest to do so.

Protective directions

32 (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety or to security.

Emergency

(2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety or to security and that cannot be effectively dealt with under any other provision of this Act.

Administrative Monetary Penalties

Definition of Tribunal

32.‍1 For the purposes of sections 32.‍11 to 32.‍28, Tribunal means the Transportation Appeal Tribunal of Canada, established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

Regulations

32.‍11 The Minister may, by regulation,

• (a) designate as a provision the contravention of which may be proceeded with as a violation in accordance with sections 32.‍15 to 32.‍26, any provision of this Act or the regulations;

• (b) prescribe the maximum amount payable for each violation, but not more than

  • (i) $50,000 in the case of an individual, and

  • (ii) $250,000 in the case of an organization;

• (c) establish what constitutes a related series or class of violations; and

• (d) prescribe the total maximum amount payable for a related series or class of violations.

Designation of enforcement officers

32.‍12 (1) The Minister may designate persons, or classes of persons, as enforcement officers.

Certification of enforcement officers

(2) Every enforcement officer shall receive a certificate of designation attesting to their designation and shall, on demand, present the certificate to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.

Power of enforcement officer to enter a place

32.‍13 (1) For the purpose of determining whether a violation referred to in section 32.‍15 has been committed, an enforcement officer may, subject to subsection (2), at any reasonable time, enter any place, including a means of transport, if the enforcement officer believes on reasonable grounds that in or on the place there are

• (a) dangerous goods being offered for transport, handled or transported;

• (b) means of containment being manufactured, repaired or requalified on which a compliance mark is displayed or will be affixed;

• (c) standardized means of containment;

• (d) books, shipping records, emergency response assistance plans, security plans or other documents that contain information relevant to determining whether a violation referred to in section 32.‍15 has been committed; or

• (e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to determining whether a violation referred to in section 32.‍15 has been committed, or that have such information available to them.

Warrant required to enter dwelling-place

(2) If the place is a dwelling-place, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (3).

Authority to issue warrant

(3) On ex parte application, a justice as defined in section 2 of the Criminal Code, may issue a warrant authorizing the enforcement officer named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place;

• (b) entry is necessary for the purpose of determining whether a violation referred to in section 32.‍15 has been committed; and

• (c) entry has been refused or there are reasonable grounds for believing that entry will be refused.

Use of force

(4) The enforcement officer who executes the warrant shall not use force unless the enforcement officer is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Power to require attendance of persons

(5) An enforcement officer who enters a place may require the attendance of persons whom the enforcement officer considers relevant to the carrying out of the enforcement officer’s functions.

Persons accompanying enforcement officer

(6) The enforcement officer may be accompanied by any person that the enforcement officer considers relevant to the carrying out of the enforcement officer’s functions.

Entry on private property

(7) The enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

Search of premises

(8) An enforcement officer who enters a place under subsection (1) may exercise the following powers for the purpose of determining whether a violation referred to in section 32.‍15 has been committed:

• (a) open and inspect, or request the opening and inspection of, any means of containment, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the enforcement officer believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport;

• (b) open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)‍(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods;

• (c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the enforcement officer believes on reasonable grounds to be dangerous goods;

• (d) examine, or request the examining of, information described in paragraph (1)‍(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any such information; and

• (e) ask questions of any person.

Certificate

(9) If an enforcement officer opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the enforcement officer shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose.

Effect of enforcement officer’s certificate

(10) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the enforcement officer in the course of the inspection of the thing or the taking of a reasonable quantity of the thing, but is not otherwise exempt from compliance with this Act and the regulations.

Production of documents, information or electronic data

(11) An enforcement officer may, for the purpose of determining whether a violation referred to in section 32.‍15 has been committed, order a person to provide, on the date, at the time and place and in the manner specified by the enforcement officer, any document, information or electronic data specified by the enforcement officer.

Assistance to enforcement officer

(12) Any person who owns or has charge of a place entered by an enforcement officer under subsection (1) and every person present there shall answer all of the enforcement officer’s reasonable questions related to the functions of the enforcement officer, provide access to all electronic data that the enforcement officer may reasonably require, provide all reasonable assistance in their power to enable the enforcement officer to carry out the enforcement officer’s duties and furnish any information that the enforcement officer reasonably requires for the purpose of determining whether a violation referred to in section 32.‍15 has been committed.

Obstruction

(13) When an enforcement officer is determining whether a violation referred to in section 32.‍15 has been committed, no person shall

• (a) fail to comply with any reasonable request of the enforcement officer;

• (b) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or

• (c) otherwise obstruct or hinder the enforcement officer.

Notices of violation

32.‍14 The Minister may establish the form and content of notices of violation.

Violation

32.‍15 (1) Every person who contravenes a provision designated under paragraph 32.‍11(a) commits a violation and is liable to a penalty of not more than the maximum amount prescribed under paragraph 32.‍11(b) or (d).

Purpose of penalty

(2) The purpose of the penalty is to promote compliance with this Act and not to punish.

Continuing violation

(3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Clarification

(4) If a contravention of a provision designated under paragraph 32.‍11(a) may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

Nature of violation

(5) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Due diligence available

(6) Due diligence is a defence in a proceeding in respect of a violation.

Issuance of notice of violation

32.‍16 If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue and cause to be served on the person a notice of violation that names the person, identifies the violation and sets out

• (a) the penalty for the violation that the person is liable to pay; and

• (b) particulars concerning the time for and manner of paying the penalty and the procedure for requesting a review.

Service of documents

32.‍17 The Minister may establish procedures respecting the service of documents that are required or authorized under sections 32.‍11 to 32.‍28, including the manner and proof of service and the circumstances under which documents are deemed to have been served. In the absence of those procedures, documents may be served by personal service or sent to the person, at their latest known address, by registered or certified mail or any electronic means, and a document that is served by registered or certified mail is deemed to be served on the fourth day after the day on which it was mailed.

Payment

32.‍18 (1) If a person who is served with a notice of violation pays the amount set out in the notice in accordance with the particulars specified in it, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the violation and no further proceedings under this Act shall be taken against the person in respect of that violation.

Option

(2) Instead of paying the penalty set out in a notice of violation, the person may, within the time and in the manner specified in the notice,

• (a) request to enter into a compliance agreement with the Minister for the purpose of ensuring compliance with the provision to which the violation relates; or

• (b) request a review of the acts or omissions that constitute the violation or of the amount of the penalty.

Failure to pay penalty deemed violation

(3) If a person that is served with a notice of violation does not exercise any right referred to in subsection (2) within the time and in the manner specified in the notice, they are deemed to have committed the violation identified in the notice.

Compliance agreement

32.‍19 (1) On request made under paragraph 32.‍18(2)‍(a), the Minister may enter into a compliance agreement with the person making the request on any conditions that are satisfactory to the Minister, which may

• (a) include a provision for the giving of reasonable security, in a form and amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

• (b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation.

Deeming

(2) A person who makes a request under paragraph 32.‍18(2)‍(a) is, on doing so, deemed to have committed the violation.

Notice of compliance

(3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be served to the person, at which time any security given by the person under that agreement shall be returned to the person.

Notice of default

(4) If the Minister is of the opinion that a person has not complied with a compliance agreement, the Minister shall cause a notice of default to be served to the person to the effect that

• (a) instead of being liable to pay the amount of the penalty set out in the compliance agreement, the person is liable to pay, in the time and manner specified in the notice of default, twice the amount of the penalty set out in the notice of violation, without taking into account the limits specified in paragraphs 32.‍11(b) and (d); or

• (b) the security, if any, given by the person under the compliance agreement is forfeited to His Majesty in right of Canada.

Effect of notice of default

(5) Once served with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and

• (a) the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or

• (b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to His Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

Effect of payment

(6) If a person pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the proceedings commenced in respect of the violation are ended.

Refusal to enter into compliance agreement

32.‍2 (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 32.‍18(2)‍(a), the person who made the request is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.

Effect of payment

(2) If a person pays the amount referred to in subsection (1), the proceedings commenced in respect of the violation are ended.

Request for review

32.‍21 (1) A person served with a notice of violation who wishes to have the Minister’s decision regarding the facts of the alleged violation or the amount of the penalty reviewed shall file a request for review with the Tribunal within 30 days after the day on which the notice of violation is served or within any further time that the Tribunal on application may allow.

Date, time and place for review

(2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify in writing the Minister and the person who filed the request.

Review procedure

(3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(4) The Minister has the burden of establishing on a balance of probabilities that a person has committed the violation.

Person not compelled to testify

(5) The person who is alleged to have committed a violation is not required to give any evidence or testimony in the matter.

Determination by Tribunal member

32.‍22 At the conclusion of a review, the member of the Tribunal who conducted the review shall without delay inform the Minister and the person who is alleged to have committed a violation

• (a) that the person has not committed a violation, in which case, subject to section 32.‍23, no further proceedings under this Act shall be taken against the person in respect of the alleged violation; or

• (b) that the person has committed a violation and, subject to any regulations made under paragraph 32.‍11(b) or (d), is liable to pay the amount determined by the member to be payable to the Tribunal by or on behalf of the person and the time within which it must be paid.

Right of appeal

32.‍23 (1) Within 30 days after a determination is made under section 32.‍22, the Minister or a person to whom it applies may appeal the determination to the Tribunal.

Loss of right of appeal

(2) A party who does not appear at a review hearing is not entitled to appeal the determination, unless the party establishes that there was sufficient reason to justify their absence.

Disposition of appeal

(3) The appeal panel of the Tribunal that is assigned to hear an appeal may dismiss it or allow it and, in allowing the appeal, the panel may substitute its decision for the determination.

Finding of violation

(4) If the appeal panel finds that a person has committed a violation, the panel shall immediately inform the person and the Minister of the finding and, subject to any regulations made under paragraph 32.‍11(b) or (d), of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

Finding of no violation

(5) If the appeal panel finds that a person has not committed a violation, the panel shall immediately inform the person and the Minister of the finding.

Certificate

32.‍24 The Minister may obtain from the appeal panel or member of the Tribunal, as the case may be, a certificate in the form established by the Minister setting out the amount of the penalty required to be paid by a person who fails, within the time required,

• (a) to pay the amount of a penalty set out in a notice of violation or to file a request for a review under section 32.‍21;

• (b) to pay an amount determined under paragraph 32.‍22(b) or to file an appeal under section 32.‍23;

• (c) to pay an amount determined in a compliance agreement, under subsection 32.‍19(1);

• (d) to pay an amount determined in a notice of default under subsection 32.‍19(4); or

• (e) to pay an amount determined under subsection 32.‍23(4).

Registration of certificate

32.‍25 (1) On production in any superior court, a certificate issued under section 32.‍24 shall be registered in the court and, when so registered, the certificate has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment in that court obtained by His Majesty in right of Canada against the person who is named in the certificate for a debt of the amount set out in the certificate.

Recovery of costs and charges

(2) All reasonable costs and charges attendant on the registration of the certificate are recoverable in the same manner as if they had been certified and the certificate had been registered under subsection (1).

Amounts received deemed public money

(3) An amount received by the Minister or the Tribunal under this section is deemed to be public money within the meaning of the Financial Administration Act.

Limitation period

32.‍26 Proceedings in respect of a violation may not be instituted later than two years after the time when the subject matter of the proceedings arose.

Publication

32.‍27 At any time after a notice of violation is issued and served, the Minister may make public the nature of the violation, the name of the person who committed it and the amount of the penalty.

Notations removed

32.‍28 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the day on which the person has paid every penalty that they are liable to pay, the Minister shall remove the notation of a violation committed by that person from the public record of notices of violation.

Notice

(2) If the Minister is of the opinion that the removal is not in the public interest, the Minister shall give notice of that fact to the person in writing and provide the grounds for that opinion.

Contents of notice

(3) The notice shall include the date that is 30 days after the day on which the notice is served and the particulars concerning the procedure for requesting a review.

Request for review

(4) The person may, no later than the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal.

Date, time and place for review

(5) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify in writing the Minister and the person who filed the request.

Review procedure

(6) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

Determination by Tribunal member

(7) The member of the Tribunal may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

Right of appeal

(8) The person who requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal.

Loss of the right of appeal

(9) A person who does not appear at the review hearing is not entitled to appeal the determination, unless the person establishes that there was sufficient reason to justify their absence.

Disposition of appeal

(10) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.

• (a) this Act, other than subsection 32.‍13(13);

Punishment

(2) Every person who commits an offence under subsection (1),

• (a) in the case of an individual,

  • (i) is liable on indictment to imprisonment for a term of not more than three years or a fine of not more than $500,000, or

  • (ii) is liable on summary conviction to imprisonment for a term of not more than two years less a day or a fine of not more than $250,000; and

• (b) in the case of an organization,

  • (i) is liable on indictment to a fine of not more than $10,000,000, or

  • (ii) is liable on summary conviction to a fine of not more than $5,000,000.

• (a) an offence punishable on summary conviction and liable,

  • (i) in the case of an individual, to a fine of not more than $250,000, and

  • (ii) in the case of an organization, to a fine of not more than $5,000,000; or

authorized screening means anything authorized or required to be done under any regulation, interim order, security measure, security rule or emergency direction for the control, observation, inspection and search of persons or goods to prevent the unauthorized possession or carriage of weapons, explosives and incendiaries on board vessels and at marine facilities; (contrôle)

restricted area means an area established under any regulation, interim order, security measure, security rule or emergency direction to which access is restricted to authorized persons; (zone réglementée)

• (d) any marine installation or structure, as defined in section 2 of the Oceans Act. (installation maritime)

•  

  (c) marine installations and structures, in accordance with section 20 of the Oceans Act.

Purpose of Act

Purpose

• (a) taking measures, including developing a regulatory scheme, that deal with threats and reduce direct and indirect risks to the security of marine transportation and the health of persons involved in the marine transportation system and that prevent the unlawful interference with marine transportation;

• (b) harmonizing marine practices and implementing Canada’s international obligations; and

• (c) promoting cooperation with federal, provincial, foreign and international entities and organizations with respect to the security of marine transportation.

Authorization by Minister

Power

Certificate of authorization

Immunity

• (a.‍1) respecting the establishment of exclusion zones for vessels;

Regulations — security of marine transportation

(2) The Governor in Council may make regulations respecting threats or direct or indirect risks to the security of marine transportation including the security of people, goods, vessels and marine facilities and to the health of persons involved in the marine transportation system.

Regulations — fees and charges

(3) The Governor in Council may make regulations respecting fees and charges to be paid in relation to the administration and enforcement of this Act.

Offence relating to regulations — person

(4) Every person who contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable

• (a) on conviction on indictment

  • (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (b) on summary conviction

  • (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Offence relating to regulations — vessel

(5) A vessel that contravenes a regulation made under subsection (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Regulations — disclosure of information

5.‍1 The Governor in Council may make regulations respecting the disclosure of information collected for the purposes of this Act by the Minister to

• (a) departments or agencies of the federal government or members or agents of such departments or agencies; or

• (b) departments or agencies of the government of a province or agencies of a municipality or members or agents or mandataries of such departments or agencies.

Interim Orders

Minister’s power

Cessation of effect

• (a) the day on which it is repealed,

• (b) the day on which a regulation made under section 5 that has the same effect as the interim order comes into force,

• (c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister or the Governor in Council, and

• (d) the day that is specified in the order of the Minister or the Governor in Council, if the Minister or the Governor in Council extends the effective period of the interim order.

Extension — Minister

Extension — Governor in Council

Compliance with interim order

Statutory Instruments Act

Tabling of order

Offence relating to interim orders — person

• (a) on conviction on indictment

  • (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (b) on summary conviction

  • (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Offence relating to interim orders — vessel

Contravention of unpublished order

Evidence

• (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $1,000,000.

• (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Exemption by Minister

12 The Minister may, on any terms and conditions the Minister considers necessary, exempt any person, vessel or marine facility from the application of any regulation, interim order, security measure or security rule if, in the opinion of the Minister, the exemption is in the public interest and is not likely to affect marine security.

• (a) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) in the case of a corporation, to a fine of not more than $1,000,000.

Directions

Directions to vessels

16 (1) If the Minister has reasonable grounds to believe that a vessel is a threat, or poses a direct or indirect risk to the Insertion start marine ecosystem, the well-being of coastal communities, Insertion end the security of marine transportation, including to any person, goods, vessel or marine facility, or to the health of persons involved in the marine transportation system, the Minister may direct the vessel

• (a) to proceed to a place specified by the Minister in accordance with any instructions the Minister may give regarding the route and manner of proceeding and to remain at the place until the Minister is satisfied that the threat or risk no longer exists;

• Start of inserted block

  (a.‍1) to remain outside of the area described in the schedule or outside of any other area specified by the Minister, except in cases in which the Minister determines no other safe option exists;

Anchorage of more than 14 days

Compliance with direction

(3) Every vessel subject to a direction, and its operator, must comply with it.

Directions not statutory instruments

(4) For greater certainty, a direction issued under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Offence relating to directions — operator

17 (1) An operator of a vessel that contravenes subsection 16(3) is guilty of an offence and liable

• (a) on conviction on indictment

  • (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (b) on summary conviction

  • (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Offence relating to directions — vessel

(2) A vessel that contravenes subsection 16(3) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Precondition for contravention

(3) An operator or vessel must not be found to have contravened subsection 16(3) unless it is proved that, at the time of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the operator or vessel.

Certificate — operator

(4) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the operator of the vessel, is evidence that reasonable steps were taken to bring its substance to the attention of the operator.

Certificate — vessel

(5) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is evidence that reasonable steps were taken to bring its substance to the attention of the vessel.

Direction issued under paragraph 16(1)‍(a)

17.‍1 (1) If a vessel has been directed to proceed to a port or a marine facility under paragraph 16(1)‍(a), the Minister may direct the port authority or the person in charge of that port or marine facility to allow that vessel to proceed to, or to moor, anchor or remain at, the port or marine facility.

Compliance with direction

(2) Every port authority and person subject to a direction issued under subsection (1) must comply with it.

Directions not statutory instruments

(3) For greater certainty, a direction issued under subsection (1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Offence relating to subsection 17.‍1(1) directions

17.‍2 (1) A port authority or a person in charge of a port or a marine facility that contravenes subsection 17.‍1(2) is guilty of an offence and liable on summary conviction

• (a) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both; or

• (b) in the case of a corporation, to a fine of not more than $1,000,000.

Precondition for contravention

(2) A port authority or a person in charge of a port or a marine facility must not be found to have contravened subsection 17.‍1(2), unless it is proved that, at the time of the alleged contravention, reasonable steps had been taken to bring the substance of the direction to the attention of the port authority or person.

Certificate

(3) A certificate appearing to be signed by the Minister, stating that a notice containing the direction was given to the port authority or the person in charge of a port or a marine facility, is evidence that reasonable steps were taken to bring its substance to the attention of the port authority or person.

Definitions

17.‍3 The following definitions apply in sections 17.‍1 and 17.‍2.

port has the same meaning as in section 5 of the Canada Marine Act.‍ (port)

port authority has the same meaning as in subsection 2(1) of the Canada Marine Act.‍ (administration portuaire)

Emergency Directions

17.‍4 (1) If the Minister is of the opinion that there is an immediate threat to the security of marine transportation, including to any person, goods, vessel or marine facility or to the health of persons involved in the marine transportation system, the Minister may direct that any person or vessel do, or refrain from doing, anything that in the opinion of the Minister is necessary to do or refrain from doing in order to respond to the threat, including directions respecting

• (a) the evacuation of vessels and marine facilities, or portions of them;

• (b) the suspension of access to vessels and marine facilities, or portions of them;

• (c) the requirement for vessels to proceed to alternate mooring or anchorage sites;

• (d) the movement of persons on vessels or within marine facilities;

• (e) the carrying out of authorized screening;

• (f) the establishment of restricted areas or exclusion zones for vessels; and

• (g) the suspension of marine operations, including operations related to cargo, ships’ stores and bunkering.

Duration

(2) An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister repeals it before the expiry of the 72 hours.

Application of emergency direction

(3) An emergency direction may provide that it applies in lieu of or in addition to any regulation made under this Act, any interim order, any security measure or any security rule.

Conflict

(4) If there is a conflict between a regulation made under this Act, an interim order, a security measure or a security rule and an emergency direction, the emergency direction prevails to the extent of the conflict.

Compliance with emergency direction

(5) Every person or vessel subject to an emergency direction must comply with it.

Emergency directions not statutory instruments

(6) For greater certainty, an emergency direction is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Offence relating to emergency directions — person

17.‍5 (1) Any person that contravenes subsection 17.‍4(5) is guilty of an offence and liable

• (a) on conviction on indictment

  • (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (b) on summary conviction

  • (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

  • (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Offence relating to emergency directions — vessel

(2) A vessel that contravenes subsection 17.‍4(5) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.

Precondition for contravention

(3) A person or a vessel must not be found to have contravened subsection 17.‍4(5) unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the emergency direction or reasonable steps had been taken to bring its substance to the notice of those persons or vessels likely to be affected by it.

Certificate — persons

(4) A certificate appearing to be signed by the Minister, stating that a notice containing the emergency direction was given to persons likely to be affected by it, is evidence that reasonable steps were taken to bring its substance to the attention of those persons.

Certificate — vessel

(5) A certificate appearing to be signed by the Minister, stating that a notice containing the emergency direction was given to the master or to any person on board who is, or appears to be, in command or charge of the vessel, other than the pilot, is evidence that reasonable steps were taken to bring its substance to the attention of the vessel.

Suspension or cancellation of designation for contraventions

(2) The Minister may suspend or cancel the designation of a person as a screening officer if the Minister is of the opinion that the person has contravened this Act or any regulation, interim order, security measure, security rule or emergency direction, or any condition referred to in subsection 10(6).

Suspension for threat

(3) The Minister may suspend the designation of a person as a screening officer if the Minister is of the opinion that the exercise by the person of the functions of a screening officer may pose a threat or a direct or indirect risk to the security of marine transportation.

Reconsideration

19.‍8 (1) In the case of a decision made under subsection 19.‍2(3), if the appeal panel has, on an appeal under section 19.‍6, dismissed the appeal or if the Minister has, after reconsidering the matter under paragraph 19.‍5(4)‍(a) or 19.‍6(3)‍(a), confirmed the suspension, the person affected by the decision may, in writing, request the Minister to reconsider whether the exercise by the person of the functions of a screening officer continues to pose, or is likely to continue to pose, a threat or a direct or indirect risk to the security of marine transportation.

False or misleading information

(4) Every person who knowingly makes any false or misleading statement to a screening officer, or knowingly provides false or misleading information to a screening officer, is guilty of an offence punishable on summary conviction and liable to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or

• (b) on summary conviction, to a fine not exceeding $500,000 or to imprisonment for a term of not more than two years less a day, or to both.

• (a) in the case of an individual, to a fine not exceeding $100,000; or

• (b) in the case of a corporation, to a fine not exceeding $1,000,000.

Inspection of vessels and marine facilities

23 (1) For the purpose of ensuring compliance with this Act and any regulation, interim order, security measure, security rule or emergency direction, a security inspector may at any reasonable time, but subject to subsection (3), board and inspect any vessel or enter and inspect any marine facility if the inspector is designated to inspect the vessel or facility.

• (b) require any person to produce for inspection and copying any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulation, interim order, security measure, security rule or emergency direction;

• (i) in the case of an individual, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $2,000,000; or

• (i) in the case of an individual, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years less a day, or to both, or

• (ii) in the case of a corporation, to a fine of not more than $1,000,000.

Continuing offence

26 If an offence is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

Exception

(5) Subsections (1) and (4) do not apply in respect of offences under subsection 20(4) and paragraphs 25(3)‍(a) to (c) and (e).

Vessels — proof of offence

(6) In a prosecution of a vessel for an offence under this Act, the vessel is liable to be convicted of the offence if it is established that the offence was committed by the operator of the vessel or by any person on board, other than a security inspector, whether or not the person on board has been identified, prosecuted or convicted.

Due diligence defence — persons

29 (1) A person must not be found guilty of an offence under this Act, other than an offence under subsection 20(4) or paragraph 25(3)‍(a), (b), (c) or (e), if they establish that they exercised due diligence to prevent its commission.

Due diligence defence — vessels

(2) A vessel must not be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Recovery of fines

31 (1) If a fine imposed on a person or vessel convicted of an offence under this Act is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same effect as if the conviction were a judgment of that court obtained by His Majesty in right of Canada against the convicted person or vessel for a debt in the amount of the fine.

If reasonable grounds to believe a violation

33 (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may

• (a) enter into an assurance of compliance with the person or vessel that

  • (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

• (iii) sets out the penalty, fixed by or within the range fixed by the regulations, that the person or vessel would have been liable to pay for the violation if the assurance had not been entered into; or

• (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

  • (i) the penalty, fixed by or within the range fixed by the regulations, that the person or vessel is liable to pay for the violation,

Extension of period

(2) The Minister may extend the period specified under subparagraph (1)‍(a)‍(i) if the Minister is satisfied that the person or vessel is unable to comply with the assurance of compliance for reasons beyond the person or vessel’s control.

Deemed violation

34 (1) A person or vessel that enters into an assurance of compliance under paragraph 33(1)‍(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

Request for review

(2) A person or vessel that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 36(1), file a request with the Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under subsection 39(1) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

When assurance of compliance complied with

35 If the Minister is satisfied that an assurance of compliance under paragraph 33(1)‍(a) has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,

• (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

• (b) any security deposited under subparagraph 33(1)‍(a)‍(ii) must be returned to the person or vessel.

When assurance of compliance not complied with

36 (1) If the Minister is of the opinion that a person or vessel that has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 37, or an appeal panel decides under section 40, that the assurance has been complied with,

• (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

No set-off

(3) On the service of a notice of default, the person or vessel served has no right of set-off or compensation against any amount spent by the person or vessel under the assurance of compliance.

Request for review

37 (1) A person or vessel that is served with a notice under subsection 36(1) may file a written request for a review, on or before the date specified in the notice or within any further time that the Tribunal on application allows.

Time and place for review

(2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of the time and place in writing.

Review procedure

(3) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(4) The burden is on the Minister to establish that the person or vessel did not comply with the assurance of compliance referred to in the notice. The person or vessel is not required, and must not be compelled, to give any evidence or testimony in the matter.

Certain defences not available

(5) Despite section 45, a person or vessel does not have a defence by reason that the person or vessel exercised all due diligence to comply with the assurance of compliance.

Determination

(6) The member may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance.

Return of security

38 Any security deposited under subparagraph 33(1)‍(a)‍(ii) must be returned to the person or vessel if

• (a) the person or vessel pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice under subsection 36(1); or

Notice of violation

39 (1) A person or vessel served with a notice of violation under paragraph 33(1)‍(b) must

When review not requested

(2) If a review of the facts of the violation is not requested, the person or vessel is deemed to have committed the violation in respect of which the notice was served.

Time and place for review

(3) On receipt of a request filed under paragraph (1)‍(b), the Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of the time and place in writing.

Review procedure

(4) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel that filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(5) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person or vessel is not required, and must not be compelled, to give any evidence or testimony in the matter.

Right of appeal

40 (1) The Minister or the person or vessel that requested the review of the decision may appeal a determination made under subsection 37(6) or 39(6) to the Tribunal within 30 days after the determination.

Due diligence defence — persons

45 (1) A person must not be found to be liable for a violation if they establish that they exercised due diligence to prevent its commission.

Due diligence defence — vessels

(2) A vessel must not be found to be liable for a violation if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.

Violation by employee or agent or mandatary

46 (1) A person is liable for a violation committed by their employee or agent or mandatary, whether or not the employee or agent or mandatary has been identified or proceeded against under sections 33 to 43.

Exploitant du bâtiment

(2) L’exploitant d’un bâtiment peut être tenu responsable d’une violation, en rapport avec ce bâtiment, commise par une autre personne, que celle-ci ait été ou non identifiée ou poursuivie aux termes des articles 33 à 43 de la présente loi, à moins que, lors de la violation, le bâtiment n’ait été en la possession d’une autre personne sans son consentement.

Exploitant de l’installation maritime

(3) L’exploitant d’une installation maritime peut être tenu responsable d’une violation, en rapport avec cette installation maritime, commise par une autre personne avec son consentement, que cette personne ait été ou non identifiée ou poursuivie aux termes des articles 33 à 43 de la présente loi.

Officers, etc.‍, of corporation

(4) An officer, director or agent or mandatary of a corporation that commits a violation under this Act is a party to and liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation has been identified or proceeded against under sections 33 to 43.

Proof of violation by vessel

46.‍1 (1) It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by the operator of the vessel or by any person on board, other than a security inspector, whether or not the person on board has been identified or proceeded against under sections 33 to 43.

Party to violation committed by vessel

(2) If a vessel commits a violation under this Act and the operator of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, the operator is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 33 to 43.

Notations removed

47 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs, the Minister is to remove every notation of violation or default, and every suspension or cancellation of the designation of or refusal to designate or to renew the designation of a person as a screening officer on prescribed grounds, from any records that the Minister may keep respecting the person or vessel:

• (a) payment by the person or vessel of every penalty that the person or vessel is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; or

Duty to notify

(2) When the Minister is of the opinion that removal of a notation is not in the public interest, the Minister must give notice of that fact to the person or vessel.

Right of appeal

(6) The person or vessel may, within thirty days after a determination is made under subsection (5), appeal the determination to the Tribunal.

Loss of right of appeal

(7) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal a determination unless they establish that there was sufficient reason to justify their absence.

Public record

48 The Minister must keep a public record of notations of violations or default that appear on any record that the Minister may keep respecting persons or vessels under this Act.

• (c) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine that would be payable if the violation were proceeded with by way of summary conviction;

• (c.‍1) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel;

• (c.‍2) respecting the service of documents, including the proof of their service and the circumstances under which they are deemed to have been served, on a vessel; and

Use of automated systems

(4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision or determination under this Act or any other Act of Parliament that the Minister administers or enforces, and may be used by a designated person to make a decision or determination under any such Act if the system is made available to the designated person by the Minister.

Means of telecommunication

6.‍41 (1) For a purpose related to verifying compliance or preventing non-compliance with an Act of Parliament that the Minister administers or enforces, or regulations made under that Act, or for a purpose related to determining if a violation within the meaning of that Act has been committed, a person is considered to have entered a place when accessing it remotely by a means of telecommunication.

Limitation — place not accessible to the public

(2) A person who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

Notice — transportation undertaking situated in a port

(1.‍1) A person to whom subsection (1) does not apply and who is a party to a proposed transaction that meets the following conditions must give notice to the Minister and, at the same time, to the Commissioner of Competition of the proposed transaction before it is completed:

• (a) the transaction is not referred to in any of sections 111, 112 or 113 of the Competition Act;

• (b) it involves a transportation undertaking situated in a port, within the meaning of section 5 of the Canada Marine Act; and

• (c) the aggregate value of the assets in Canada that are the subject of the transaction, or the gross revenues from sales in or from Canada generated from those assets, exceed $10,000,000, as calculated under any of subsections 110(2) to (6) of the Competition Act, in accordance with the type of proposed transaction.

Exception

(1.‍2) Subsection (1.‍1) does not apply to

• (a) an individual who is a natural person within the meaning of paragraph (b) of that definition in Article 8.‍1 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, or in the version of that Article 8.‍1 as it is incorporated by reference to the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020, by that agreement’s Article I; or

• (b) an enterprise of a Party that is an investor within the meaning of those definitions in Article 8.‍1 of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, or in the version of that Article 8.‍1 as it is incorporated by reference to the Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland, done at Ottawa, on December 9, 2020, by that agreement’s Article I — other than such an enterprise that is constituted or organized under Canadian law.

Information — subsection (1) notice

(2) A notice given under subsection (1) must, subject to the regulations, contain the information required under subsection 114(1) of the Competition Act. The notice must also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that the Minister issues and publishes. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

Information — subsection (1.‍1) notice

(2.‍01) A notice given under subsection (1.‍1) must, subject to the regulations, contain the information that would be required under subsection 114(1) of the Competition Act if the person giving the notice were required to give notice under that subsection. The notice must also contain any information with respect to the public interest as it relates to national transportation that is required under any guidelines that the Minister issues and publishes. After receipt of a notice, the Minister may require the person who has given the notice to provide further information.

Guidelines

(2.‍1) Guidelines referred to in subsections (2) and (2.‍01) must be elaborated in consultation with the Competition Bureau and must include factors that may be considered to determine whether a proposed transaction raises issues with respect to the public interest as it relates to national transportation.

Not statutory instruments

(3) Guidelines referred to in subsections (2) and (2.‍01) are not statutory instruments within the meaning of the Statutory Instruments Act.

No public interest issues

(4) If the Minister is of the opinion that the proposed transaction does not raise issues with respect to the public interest as it relates to national transportation, the Minister must, within 42 days after a person gives notice under subsection (1) or (1.‍1), give notice of the opinion to that person, in which case sections 53.‍2 and 53.‍3 do not apply in respect of that transaction.

Prohibition

53.‍2 (1) A person must not complete a proposed transaction referred to in subsection 53.‍1(1) or (1.‍1) unless the transaction is approved by the Governor in Council and, in the case of a transaction referred to in section 53.‍3, the Agency determines that the transaction would result in an air transportation undertaking that is Canadian as defined in subsection 55(1).

Commissioner’s report — subsection 53.‍1(1) transaction

(2) The Commissioner of Competition must within 150 days after the Commissioner is notified of a proposed transaction under subsection 114(1) of the Competition Act, or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

Commissioner’s report — subsection 53.‍1(1.‍1) transaction

(2.‍1) The Commissioner of Competition may within 150 days after the Commissioner is notified of a proposed transaction under subsection 53.‍1(1.‍1), or within any longer period that the Minister may allow, report to the Minister and the parties to the transaction on any concerns regarding potential prevention or lessening of competition that may occur as a result of the transaction.

Concerns relating to public interest and competition

(4) After receipt of the Commissioner’s report, if applicable, and any report given under subsection 53.‍1(6), but before the Minister makes a recommendation for the purposes of subsection (7), the Minister must

• (a) specifying information required in notices under subsections 53.‍1(1) and (1.‍1); and

Offence — subsection 53.‍1(1) and (1.‍1)

53.‍6 (1) Every person who contravenes subsection 53.‍1(1) or (1.‍1) is guilty of an offence and is liable

arrangement means an agreement or arrangement, other than a transaction referred to in subsection 53.‍1(1) or (1.‍1), involving two or more transportation undertakings providing air services, as defined in subsection 55(1), to, from or within Canada, to coordinate on any aspect of the operation or marketing of such services, including prices, routes, schedules, capacity or ancillary services and to share costs or revenues or other resources or benefits.‍ (entente)

Declaration

Works for the general advantage of Canada

172.‍5 The terminals situated within a port, within the meaning of section 5 of the Canada Marine Act, are declared to be works for the general advantage of Canada.

• (f) manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users, Indigenous peoples and the community in which a port or harbour is located Insertion start or in proximity to which vessels are regularly anchored Insertion end ;

• (f.‍1) manage the marine infrastructure and services, including through the participation of port authorities, in a manner that maintains the security and enhances the resiliency of supply chains, safeguards national security and promotes healthy competition dynamics;

• (f.‍2) manage traffic, including mooring and anchorage, in order to Insertion start protect the marine environment, to respect the rights of Indigenous peoples and Insertion end to promote the efficiency of supply chains Insertion start as well as the protection of the environment and the well-being of the communities in proximity to which vessels are regularly anchored Insertion end ;

• Start of inserted block

  (f.‍3) reduce greenhouse gas emissions from the operation of ports;

• (f.‍4) protect the marine environment;

  End of inserted block

• (f) the number of directors, between seven and 13, to be appointed under section 14, to be chosen as follows:

• (ii) up to two individuals appointed by the municipalities mentioned in the letters patent,

• (iii) in the case of a port wholly or partially located in Vancouver, Prince Rupert or Thunder Bay, one individual appointed by the province in which the port is situated and another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and, in any other case, up to two individuals appointed by the provinces mentioned in the letters patent, and

• Start of inserted block

  (iv) the remaining individuals nominated by the Minister in consultation with the users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent;

  End of inserted block

• (g.‍1) the principles and guidelines governing the port authority’s advisory committees established under section 33.‍1, including their composition and administration;

• (i.‍1) the extent to which the port authority may undertake jointly with other port authorities, through a corporation, partnership, joint venture, association or other entity, the activities referred to in subsection 28(2);

  End of inserted block

• (j.‍1) the schedule for the development of the port authority’s land-use plans, setting out intervals of no more than five years;

• (l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes;

• (l.‍1) the schedule for the submission of the port authority’s borrowing plans, setting out intervals of no more than three years; and

• (b) the municipalities mentioned in the letters patent appoint one or two individuals, as mentioned in the letters patent;

• (d) the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent, including one individual nominated by the Minister in consultation with the labour groups selected by the Minister or with those mentioned in the letters patent.

Directors appointed by board of directors

(1.‍2) The board of directors of a port authority may appoint a director under paragraph (1)‍(a) or (d) if the position has been vacant for more than twelve months.

Notice of intention

(1.‍3) The board of directors of a port authority shall give notice to the Minister of its intention to make an appointment under subsection (1.‍2) at least 90 days before doing so.

Tenure of office

(2) Directors are appointed to hold office for a renewable term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors.

Security Assessment

15.‍1 Each director of a port authority appointed under paragraph 14(1)‍(b) or (c) must undergo the security assessment that the Minister determines to be appropriate and maintain the security certification from the Government of Canada that is obtained as a result of that assessment.

• (a) a mayor or councillor of a municipality mentioned in the letters patent;

• (a.‍1) an officer or employee of a municipality mentioned in the letters patent whose employment would result in them being in a conflict of interest with the activities of the port authority;

• (b) a member of the legislature of a province mentioned in the letters patent;

• (b.‍1) an officer or employee of the public service of a province mentioned in the letters patent whose employment would result in them being in a conflict of interest with the activities of the port authority;

• (c.‍1) an officer or employee of the federal public administration or a port authority;

Chairperson — absence or incapacity

17.‍1 In the event of the absence or incapacity of the chairperson, or a vacancy in that office, the vice-chairperson or, if there is no vice-chairperson, a member of the board who is designated by a resolution of the board of directors is authorized to act as chairperson for a term of no more than 90 days.

• (b.‍1) no longer has a valid security certification referred to in section 15.‍1, if the director was appointed under paragraph 14(1)‍(b) or (c);

• (i) respecting the administrative requirements for a port authority’s advisory committees established under section 33.‍1;

• (j) respecting the conduct of governance assessments carried out under section 33.‍2 and the information a port authority must provide to the Minister in its report in respect of such an assessment; and

• (k) providing for the information that must be included in a port authority’s business plan under section 39.

Regulations — environment and climate change

(1.‍1) For the purposes of this Part, the Governor in Council may make regulations respecting the impact of the operation of a port by a port authority on the environment, including climate change, and the impact of climate change on the operation of a port, including regulations

• (a) establishing Insertion start absolute Insertion end greenhouse gas emissions reduction Insertion start targets Insertion end in respect of the operation of a port by a port authority Insertion start that are consistent with Canada’s international commitments and with the national greenhouse gas emissions targets for each milestone year under the Canadian Net-Zero Emissions Accountability Act Insertion end ;

• (b) respecting the contents of a five-year climate change plan;

• (c) respecting the contents of a five-year plan respecting climate change adaptation actions;

• (d) respecting the contents of the annual reports respecting the five-year plans;

• (e) respecting public participation in the development of five-year plans respecting climate change and climate change adaptation actions; and

• (f) imposing obligations on a port authority in respect of the climate change adaptation actions it must undertake.

Report to Parliament — reasons for absence of regulations

(1.‍2) If no regulations are made for the purposes of each of paragraphs (1.‍1)‍(a) to (f) for an existing port authority within 36 months after the day on which this section comes into force or for a new port authority within 36 months after the day on which its letters patent are issued, the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 36-month period.

Absence of regulations after tabling of report

(1.‍3) If no regulations are made within 12 months after the tabling of the report referred to in subsection (1.‍2), the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 12-month period and at least once every subsequent 12-month period as long as no regulations have been made.

Application

(2) A regulation made under subsection (1) or (1.‍1) may apply to only one port authority or wholly-owned subsidiary of a port authority.

Binding on His Majesty

(3) A regulation made under subsection (1) or (1.‍1) may be made binding on His Majesty in right of Canada or a province.

• (a) port activities related to shipping, navigation, transportation of passengers and goods, handling of goods and storage of goods, including activities carried on in relation to real property and immovables that are not adjacent to navigable waters, to the extent that those activities are specified in the letters patent; and

Joint activities

(2.‍1) To the extent authorized in each participating port authority’s letters patent, two or more port authorities may jointly, through a corporation, partnership, joint venture, association or other entity whose shares or other ownership interests are all held by port authorities, engage in the activities referred to in subsection (2).

Borrowing plan

30.‍1 The directors of a port authority must submit its borrowing plan to the Minister within one year after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, in accordance with the schedule set out in its letters patent.

Governance

Advisory Committees

33.‍1 (1) A port authority must establish Insertion start one or more Insertion end advisory Insertion start committees, which must include representatives from the local community, Insertion end local government and local Indigenous Insertion start communities Insertion end , in accordance with its letters patent.

Election of chairperson

(1.‍1) The members of each advisory committee shall elect a chairperson from among their number.

Purpose

(2) A port authority must consult its advisory committees Insertion start at least twice every year Insertion end with respect to issues related to port activities.

Publication — summary of consultations

(3) A port authority must publish a summary of the consultations under subsection (2) on its website.

Assessment

33.‍2 At least once every three years, a port authority must Insertion start cause to be conducted an independent Insertion end assessment of its governance practices in accordance with the regulations and submit a report to the Minister.

Notice of meeting

(2) A port authority must, at least thirty days before the annual meeting, publish a notice on its website and have a notice published in a major newspaper published or distributed in the municipalities where the port is situated setting out the time and location of the meeting and specifying that the port authority’s financial statements are available to the public on its website and at its registered office.

Public to get financial statements

37 (1) A port authority must, at least thirty days before the annual meeting, publish its audited annual financial statements and those of its wholly-owned subsidiaries for the preceding fiscal year on its website and make them available for inspection by the public at its registered office during normal business hours.

Contents

(2) The financial statements must be prepared in accordance with the International Financial Reporting Standards, adopted by the Accounting Standards Board and effective as of January 1, 2011, and consist of at least the following:

Quarterly financial reports

37.‍1 (1) Each port authority must, in respect of itself and its wholly-owned subsidiaries, cause to be prepared a quarterly financial report for each of the first three quarters of each financial year of the port authority.

Contents

(2) The report must be prepared in accordance with the International Financial Reporting Standards, adopted by the Accounting Standards Board and effective as of January 1, 2011, and contain

• (a) a financial statement for the quarter and for the period from the start of the financial year to the end of that quarter;

• (b) comparative financial information for the preceding financial year; and

• (c) a statement outlining the results, risks and significant changes in relation to operations, personnel and programs.

Publication of report

(3) The port authority must publish the report on the port authority’s website:

• Start of inserted block

  (a) in the case of a port authority whose annual operating revenue is less than $20,000,000, within 90 days after the end of the quarter to which the report relates;

• (b) in the case of any other port authority, within 60 days after the end of the quarter to which the report relates.

  End of inserted block

First quaterly report under paragraph 37.‍1(3)‍(a)

(4) In the case of a port authority specified in paragraph 37.‍1(3)‍(a), the quarterly financial report must be prepared within a year after the day on which this section comes into force.

Publication — first three quarterly reports

(4.‍1) Despite subsection (3), a port authority must publish on the port authority’s website the reports for each of the first three quarters of its first financial year after its letters patent are issued within one year after the day on which its letters patent are issued.

Business plan

39 A port authority must, within three months after the end of each fiscal year, submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing any information prescribed by regulation and a description of any material changes in respect of information provided in the previous business plan.

Manner of presenting information

40 A port authority’s financial statements, quarterly financial reports and business plan must be prepared in a form that clearly sets out information about each of the activities of the port authority and its wholly-owned subsidiaries, with the information about port activities referred to in paragraph 28(2)‍(a) set out separately from the information about other activities referred to in paragraph 28(2)‍(b).

Notice of report

(3) A port authority must, as soon as is practicable after it receives the summary report, publish a notice of the summary report on its website and have that notice published in a major newspaper published or distributed in the municipalities where the port is situated.

Report available to public

(4) A port authority must publish the summary report on its website and make it available for inspection by the public at its registered office during normal business hours.

Climate Change Plans and Reports

Five-year plan — climate change

43.‍1 (1) A port authority must prepare, in respect of itself and each of its wholly-owned subsidiaries, a five-year climate change plan within one year after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, within five years after the previous plan was prepared.

Contents

(2) The plan must contain

• (a) a greenhouse gas emissions reduction target in respect of the operation of a port by a port authority;

• (b) a description of actions to be taken to achieve the greenhouse gas emissions reduction target;

• (c) information relating to any material changes in respect of information that was provided in the previous plan; and

• (d) any prescribed information.

Five-year plan — adaptation actions

43.‍2 (1) A port authority must prepare, in respect of itself and each of its wholly-owned subsidiaries, a five-year plan respecting climate change adaptation actions within two years after the later of the day on which this section comes into force and the day on which its letters patent are issued and, after that, within five years after the previous plan was prepared.

Contents

(2) The plan must contain

• (a) a description of the current and anticipated impacts of climate change on the operation of the port and on the assets managed by the port authority and any adaptation actions to be taken to address those impacts;

• (b) a description of current and future commercial opportunities for the port authority arising from the impacts of climate change on the operation of the port and on the assets managed by the port authority, if any, and any actions to be taken to take advantage of them;

• (c) information relating to any material changes in respect of information that was provided in the previous plan; and

• (d) any prescribed information.

Development

43.‍3 Each five-year plan must be developed in a manner consistent with recognized international standards.

Publication

43.‍4 The port authority must publish each five-year plan on its website no later than three months after the end of the fiscal year in which the plan was prepared.

Annual report

43.‍5 (1) A port authority must report annually on its five-year plans and must publish the report on its website within three months after the end of each fiscal year.

Contents

(2) The report must contain

• (a) a greenhouse gas emissions inventory, set out in a manner consistent with recognized international standards, for emissions resulting from the operation of the port by the port authority;

• (b) an update on the implementation of each five-year plan; and

• (c) any prescribed information.

Benefit of accession — leases in Quebec

(3.‍01) A port authority situated in Quebec may, for the duration of a lease, renounce the benefit of accession in respect of any construction or work built on a federal immovable that the port authority manages.

Powers

(3.‍1) The port authority may exercise the powers under subsections (3) and (3.‍01) to the same extent as His Majesty could exercise those powers and may, instead of His Majesty, execute and deliver the documents required for that purpose.

Land-use plan

48 (1) A port authority must, within 12 months after the issuance of its letters patent and after that in accordance with the schedule set out in its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.

Contents of plan

(2) A land-use plan may

Publication

(4) A port authority must, at least 60 days before the coming into force of a land-use plan,

• (a) publish a notice of the proposed land-use plan on its website and have that notice published in a major newspaper published or distributed in the municipalities where the port is situated; and

• (b) publish the proposed land-use plan and any related documents necessary to understand it on its website.

Content of notice

(5) A notice of a proposed land-use plan must include information as to where a copy of the plan, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place.

Adoption of plan

(6) After the port authority considers any representations made by interested persons with respect to a proposed land-use plan and makes any amendments it considers appropriate as a result of those representations, it may adopt the plan.

Notice and publication of adopted plan

(7) The port authority must

• (a) publish a notice of the adoption of the land-use plan that includes information as to where a copy of the plan may be obtained, on its website and have that notice published in a major newspaper published or distributed in the municipalities where the port is situated;

• (b) publish a summary of the representations it received under subsection (5) on its website; and

• (c) publish the land-use plan on its website.

Fixing of fees

49 (1) A port authority may, subject to any regulations made under section 62, fix fees to be paid in respect of

• (a.‍1) the management of marine traffic, including mooring and anchorage, and the fees to be paid and the sharing of information and data by users and port authorities in support of that management;

• (a.‍2) the regulation of activities carried out by or on a vessel moored or at anchor in a port;

• (d.‍2) the information or documents that a port authority, a wholly-owned subsidiary of a port authority, an owner or a person in charge of a port facility or users must provide to the Minister;

Regulations re thermal coal

(1.‍1) The Governor in Council may make regulations respecting the prohibition of the loading and unloading of thermal coal to and from ships in a port.

Protection of port workers

(1.‍2) In making regulations under subsection (1.‍1), the Governor in Council must consult with relevant trade unions on ways to protect port workers who will be affected by the regulations, including by providing for continued collective bargaining, for the respect of collective agreements, for the creation of alternative opportunities in the marine transportation sector and for pension bridging.

Regulations under subsection (1.‍1) — deadline

(1.‍3) Regulations made under subsection (1.‍1) must provide for the prohibition of the loading and unloading of all thermal coal to and from ships in a port no later than December 31, 2030.

Report to Parliament if no regulations under subsection (1.‍1)

(1.‍4) If no regulations are made under subsection (1.‍1) within 48 months after the day on which this section comes into force, the Minister must cause a report stating the reasons that no regulations have been made and establishing a schedule for making regulations to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that 48-month period.

Regulations re raw sewage deposit

(1.‍5) The Governor in Council may under paragraph (1)‍(b) make regulations respecting the prohibition of the deposit of raw sewage in waters under the jurisdiction of a port authority.

Fixing of fees

67 (1) The Minister may, by order, fix the fees to be paid in respect of

Ministerial Order

Order

107.‍1 (1) If the Minister is of the opinion that there is a risk of imminent harm to national security, national economic security or competition that constitutes a significant threat to the safety and security of persons, goods, ships or port facilities or the security of supply chains, the Minister may, by order, require a port authority or a person in charge of a port facility to take any measure, including corrective measures, or stop any activity that the Minister considers necessary to prevent that harm.

Order — labour dispute

(1.‍1) The power under subsection (1) to make an order, and any powers, duties or functions conferred or imposed by or under such an order, must not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.

Compliance

(2) Every port authority and person in charge of a port facility subject to an order must comply with it once they have been notified of its substance.

Exemption from Statutory Instruments Act

(3) The order is exempt from the application of sections 5, 6, 9, 11, 14, 17, 18 and 19 of the Statutory Instruments Act.

Publication

(4) The Minister must publish the order on the Department of Transport’s website, and by any other means that the Minister considers appropriate.

Exception

(5) Subsection (4) does not apply in respect of an order that, in the opinion of the Minister, contains confidential or privileged information or information the publication of which would pose a risk to national security, national economic security or competition.

Jurisdiction in respect of other Acts

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to 129.‍17 of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Canadian Navigable Waters Act, sections 130.‍01 to 130.‍19 of the Marine Liability Act and sections 32.‍1 to 32.‍28 of the Transportation of Dangerous Goods Act, 1992. 

Coordinating Amendment

Jurisdiction in respect of other Acts

(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 127 to 133 of the Critical Cyber Systems Protection Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.‍01 to 129.‍17 of the Canada Marine Act, sections 16.‍1 to 16.‍25 of the Motor Vehicle Safety Act, sections 39.‍1 to 39.‍26 of the Canadian Navigable Waters Act, sections 130.‍01 to 130.‍19 of the Marine Liability Act and sections 32.‍1 to 32.‍28 of the Transportation of Dangerous Goods Act, 1992.

1 Southern Strait of Georgia — Province of British Columbia

Beginning at a point at latitude 48°45′21″ North and longitude 123°36′07″ West;

Thence southeasterly in a straight line to a point at latitude 48°45′11″ North and longitude 123°35′13″ West;

Thence southeasterly in a straight line to a point at latitude 48°45′11″ North and longitude 123°35′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°48′30″ North and longitude 123°35′18″ West;

Thence northeasterly in a straight line to a point at latitude 48°49′14″ North and longitude 123°35′19″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°51′10″ North and longitude 123°36′38″ West;

Thence easterly in a straight line to a point at latitude 48°51′10″ North and longitude 123°36′37″ West;

Thence northeasterly in a straight line to a point at latitude 48°51′22″ North and longitude 123°36′20″ West;

Thence northerly in a straight line to a point at latitude 48°53′36″ North and longitude 123°37′59″ West;

Thence northwesterly in a straight line to a point at latitude 48°56′13″ North and longitude 123°42′50″ West;

Thence southwesterly in a straight line to a point at latitude 48°55′52″ North and longitude 123°43′22″ West;

Thence southwesterly in a straight line to a point at latitude 48°55′50″ North and longitude 123°43′23″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°57′50″ North and longitude 123°46′13″ West;

Thence northeasterly in a straight line to a point at latitude 48°58′52″ North and longitude 123°46′06″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′09″ North and longitude 123°49′11″ West;

Thence easterly in a straight line to a point at latitude 49°08′11″ North and longitude 123°49′00″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′07″ North and longitude 123°47′18″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°07′54″ North and longitude 123°41′58″ West;

Thence southwesterly in a straight line to a point at latitude 49°07′43″ North and longitude 123°41′57″ West;

Thence northeasterly in a straight line to a point at latitude 49°08′03″ North and longitude 123°41′20″ West;

Thence northwesterly in a straight line to a point at latitude 49°08′04″ North and longitude 123°41′30″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′46″ North and longitude 123°41′44″ West;

Thence easterly in a straight line to a point at latitude 49°57′54″ North and longitude 123°08′24″ West;

Thence easterly along the sinuosity of the ordinary high water mark to a point at latitude 49°08′54″ North and longitude 123°41′25″ West;

Thence northeasterly in a straight line to a point at latitude 49°08′55″ North and longitude 123°41′23″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′09″ North and longitude 123°41′26″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′08″ North and longitude 123°41′47″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′09″ North and longitude 123°41′50″ West;

Thence northwesterly in a straight line to a point at latitude 49°09′07″ North and longitude 123°41′50″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′16″ North and longitude 123°41′55″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 49°09′34″ North and longitude 123°42′17″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 49°12′10″ North and longitude 123°49′06.‍2″ West;

Thence northeasterly in a straight line to a point at latitude 49°13′46.‍7″ North and longitude 123°45′22.‍8″ West;

Thence southeasterly in a straight line to a point at latitude 49°11′37″ North and longitude 123°40′27″ West;

Thence southeasterly in a straight line to a point at latitude 49°08′53″ North and longitude 123°33′34″West;

Thence southwesterly in a straight line to a point at latitude 49°05′43″ North and longitude 123°36′10″ West;

Thence southeasterly in a straight line to a point at latitude 48°56′58″ North and longitude 123°22′31″ West;

Thence northeasterly in a straight line to a point at latitude 48°56′59″ North and longitude 123°22′30″ West;

Thence northeasterly in a straight line to a point at latitude 49°00′07″ North and longitude 123°19′20″ West;

Thence southeasterly in a straight line to a point at latitude 48°49′52″ North and longitude 123°00′30″ West;

Thence southwesterly in a straight line to a point at latitude 48°46′01″ North and longitude 123°00′30″ West;

Thence westerly in a straight line to a point at latitude 48°41′38″ North and longitude 123°16′04″ West;

Thence southwesterly in a straight line to a point at latitude 48°32′55″ North and longitude 123°13′08″ West;

Thence southerly in a straight line to a point at latitude 48°29′47″ North and longitude 123°11′11″ West;

Thence northwesterly in a straight line to a point at latitude 48°29′46″ North and longitude 123°18′24″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°30′46″ North and longitude 123°21′38″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°31′39″ North and longitude 123°21′54″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark line to a point at latitude 48°34′36″ North and longitude 123°22′03″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°34′48″ North and longitude 123°22′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°35′13″ North and longitude 123°22′13″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°35′26″ North and longitude 123°22′20″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°37′22″ North and longitude 123°24′22″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°37′35″ North and longitude 123°24′34″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°38′07″ North and longitude 123°24′18″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°40′29″ North and longitude 123°23′46″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′36″ North and longitude 123°23′49″ West;

Thence northeasterly in a straight line to a point at latitude 48°40′45″ North and longitude 123°23′50″ West;

Thence northwesterly in a straight line to a point at latitude 48°40′48″ North and longitude 123°23′54″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′53″ North and longitude 123°23′55″ West;

Thence northerly in a straight line to a point at latitude 48°41′05″ North and longitude 123°24′03″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°41′19″ North and longitude 123°24′09″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°41′24″ North and longitude 123°24′58″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°40′59″ North and longitude 123°28′33″ West;

Thence westerly in a straight line to a point at latitude 48°40′51″ North and longitude 123°28′51″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°39′12″ North and longitude 123°26′45″ West;

Thence westerly along the province of British Columbia Tenure to a point at latitude 48°39′00″ North and longitude 123°27′11″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°34′47″ North and longitude 123°28′12″ West;

Thence southerly in a straight line to a point at latitude 48°34′26″ North and longitude 123°28′03″ West;

Thence southwesterly in a straight line to a point at latitude 48°34′20″ North and longitude 123°28′06″ West;

Thence southwesterly in a straight line to a point at latitude 48°34′19″ North and longitude 123°28′07″ West;

Thence northwesterly in a straight line to a point at latitude 48°34′20″ North and longitude 123°28′26″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°30′01″ North and longitude 123°32′48″ West;

Thence southwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°29′36″ North and longitude 123°32′57″ West;

Thence northwesterly in a straight line to a point at latitude 48°29′36″ North and longitude 123°33′03″ West;

Thence southwesterly in a straight line to a point at latitude 48°29′28″ North and longitude 123°33′12″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°29′45″ North and longitude 123°33′08″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°29′59″ North and longitude 123°33′14″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°36′17″ North and longitude 123°31′16″ West;

Thence northerly along the province of British Columbia Tenure to a point at latitude 48°36′22″ North and longitude 123°31′18″ West;

Thence northeasterly along the sinuosity of the ordinary high water mark to a point at latitude 48°36′42″ North and longitude 123°31′07″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°36′56″ North and longitude 123°31′10″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°38′43″ North and longitude 123°32′54″ West;

Thence northeasterly in a straight line to a point at latitude 48°39′15″ North and longitude 123°32′25″ West;

Thence northerly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′01″ North and longitude 123°35′09″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°44′10″ North and longitude 123°35′40″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′26″ North and longitude 123°36′56″ West;

Thence northwesterly along the province of British Columbia Tenure to a point at latitude 48°44′35″ North and longitude 123°37′43″ West;

Thence northwesterly along the sinuosity of the ordinary high water mark to a point at latitude 48°44′37″ North and longitude 123°37′48″ West;

Thence northeasterly along the province of British Columbia Tenure to a point at latitude 48°45′50″ North and longitude 123°37′18″ West;

Thence southeasterly along the sinuosity of the ordinary high water mark to the point of commencement.

All islands within the boundary are excluded following the sinuosity of the ordinary high water mark.

The waters constitute an approximate area of 1,394 square kilometres.