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Bill C-44

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TABLE OF PROVISIONS

AN ACT FOR MAKING THE SYSTEM OF CANADIAN PORTS COMPETITIVE, EFFICIENT AND COMMERCIALLY ORIENTED, PROVIDING FOR THE ESTABLISHING OF PORT AUTHORITIES AND THE DIVESTING OF CERTAIN HARBOURS AND PORTS, FOR THE COMMERCIALIZATION OF THE ST. LAWRENCE SEAWAY AND FERRY SERVICES AND OTHER MATTERS RELATED TO MARITIME TRADE AND TRANSPORT AND AMENDING THE PILOTAGE ACT AND AMENDING AND REPEALING OTHER ACTS AS A CONSEQUENCE

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

NATIONAL MARINE POLICY

3. National Marine Policy

PART I

CANADA PORT AUTHORITIES

Interpretation
4. Definitions

Application
5. Application of Part

Agent of Her Majesty
5.1 Agent of Her Majesty

Incorporation
6. Letters patent

7. Supplementary letters patent

Continuance of Harbour Commissions
8. Continuance of harbour commissions

9. Consequences for commissioners

Initial Port Authorities
10. Continued or deemed incorpo rated

11. Consequences for former direc tors and commissioners

Directors
12. Appointment of directors

13. Knowledge or experience

14. Persons excluded

15. Election of chairperson

16. Term of office

17. Ceasing to hold office

18. Power to manage

19. Appointment of officers

19.1 Duty of care of directors and offi cers

Legal Regime Applicable to Port Authorities
20. Obligations of port authority

20.1 Financial Administration Act

21. No appropriation

22. No guarantee

23. Canada Business Corporations Act

Capacity and Powers
24. Capacity and powers

25. Powers of port authority re rail ways

26. Power to make by-laws

27. Borrowing powers

28. Powers to invest

Annual Meeting
28.1 Annual meeting

29. Meeting open to public

29.1 Annual financial statements

Financial Management
30. Public to get financial statements

31. Quarterly financial statements

32. Books and systems

Special Examinations
33. Special examinations

34. Report

35. Examiner - auditor

Property
36. Federal Real Property Act

37. Powers and obligations where management given

38. Disposition of federal real proper ty

39. Navigable Waters Protection Act

40. Land-use plan

Fees
41. Fixing of fees

42. Discrimination among users

43. Notice of new or revised fees

43.1 Complaints

44. Fees by contract

Official Languages
45. Official Languages Act

Liquidation and Dissolution
46. Liquidation and dissolution

Port Traffic Control
47. Traffic control zones

48. Notice

49. Traffic control

50. Offences and punishment

51. Application to military and police ships

Order and Safety
51.1 Order and safety

Regulations
52. Regulations

53. Evidence of limits of navigable waters

PART II

PUBLIC PORTS

Designation by Governor in Council
54. Designation by regulation

55. Federal Real Property Act

Fees
56. Fixing of fees

57. Services

Harbour Masters and Wharfingers
58. Harbour masters and wharfingers

Agreements
59. Agreements

Federal Real Property
60. Leases and licences

61. Agreements for disposal or trans fer

General
62. Navigable Waters Protection Act

Regulations
63. Regulations

64. Coming into force of regulations

Traffic Control
65. Traffic control

PART III

SEAWAY

Interpretation
66. Definition of ``Authority''

Objectives
67. Objectives

Powers of Minister
68. Powers of Minister

69. Transfer

70. Consolidated Revenue Fund

71. Rights and obligations preserved

Annual Meeting
72. Meeting open to public

Financial Management
73. Public to get financial statements

74. Books and systems

75. Audit

Special Examinations
76. Special examinations

77. Report

78. Examiner - other qualified au ditor

Property
79. Federal Real Property Act

80. Powers re property of Her Majes ty

Fees
81. Fees

82. Discrimination among users

83. Notice of fees

Official Languages Act
84. Official Languages Act

Dissolution
85. Dissolution of Authority

Regulations
86. Regulations

Traffic Control
87. Traffic control

General
88. Powers of United States authority

89. Navigable Waters Protection Act

90. International Boundary Waters Treaty Act

PART IV

REGULATIONS AND ENFORCEMENT

Interpretation
91. Definitions

Regulations
92. Regulations

93. Regulations

Traffic Control
94. Traffic control

Liability for Fees
95. Ships and cargo

Enforcement
Designation

96. Enforcement officers

Inspection

97. Powers of enforcement officers

98. Duty to assist enforcement offi cers

Search and Seizure

99. Warrant

100. Where warrant not necessary

101. Powers during search

102. Entry

Detention of Ships

103. Detention - enforcement offi cer

104. Notice of detention order to be served on master

105. Sale of ship where no appearance and no security

106. Notice

107. Claiming interest

108. Payment of proceeds

Other Powers
109. Sale of perishable goods

110. Lien on ships

111. Obstruction of ports

112. Rights exercisable

113. Other remedies

Offences and Punishment
114. Offence

115. Offence and fine

116. Separate offence

116.1 Order to comply

PART V

HUMAN RESOURCES

Seaway
117. Successor rights

118. Designation of employees

Local Port Corporations
119. Successor rights

Harbour Commissions
120. Successor rights

Non-corporate Ports of Canada Ports Corporation
121. Designation by Minister

122. Successor rights

123. Minister's powers

124. Delegation

125. Public Service Staff Relations Act

PART VI

MISCELLANEOUS

126. Dissolution of Canada Ports Cor poration

127. Agreements - Marine Atlantic Inc.

128. Ridley Terminals Inc.

PART VII

AMENDMENTS TO THE PILOTAGE ACT

129 to 138. Amendments to Pilotage Act

PART VIII

CONSEQUENTIAL AMENDMENTS, REPEALS, CONDITIONAL AMENDMENT AND COMING INTO FORCE

Consequential Amendments
139 to 141.1 Access to Information Act

142. Canada Transportation Act

143 and 144.1 Canadian Environmental Assess ment Act

145. Canadian Transportation Acci dent Investigation and Safety Board Act

145.1 to 148. Federal-Provincial Fiscal Ar rangements Act

149 to 156. Financial Administration Act

157. Fishing and Recreational Har bours Act

158. Canada Labour Code

159 and 160. Municipal Grants Act

161. Navigable Waters Protection Act

162 to 165.1 Privacy Act

166 and 167. Canada Shipping Act

Repeals
168. Canada Ports Corporation Act

169. The Hamilton Harbour Commis sioners' Act

170. The Hamilton Harbour Commis sioners Act, 1951

171. The Hamilton Harbour Commis sioners Act, 1957

172. Harbour Commissions Act

173. Public Harbours and Port Facili ties Act

174. St. Lawrence Seaway Authority Act

175. The Toronto Harbour Commis sioners' Act, 1911

Conditional Amendment
176. Bill C-25

Coming into Force
177. Coming into force

SCHEDULE

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