Bill C-44

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	2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
	The House of Commons of Canada
	BILL C-44
	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
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Canada Marine Act.
	INTERPRETATION
Definitions	2. (1) The definitions in this subsection apply in this Act.
``Agency'' « Office »	``Agency'' means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act.
``federal real property'' « immeubles fédéraux »	``federal real property'' has the same meaning as in section 2 of the Federal Real Property Act.
``fees'' « droits »	``fees'' includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges.
``goods'' « marchandi- ses »	``goods'' includes all personal property other than ships.
``Minister'' « ministre »	``Minister'' means the Minister of Transport.
``owner'' « proprié- taire »	``owner'' includes
	(a) in the case of a ship, the agent, charterer by demise or master of the ship; and
	(b) in the case of goods, the agent, sender, consignee or bailee of the goods, as well as the carrier of the goods to, on, over or from any property under the administration or jurisdiction of a port authority or the Minister.
``person'' « personne »	``person'' includes a partnership, an association and a body corporate.
``port authority'' « adminis- tration portuaire »	``port authority'' means a port authority established under section 6.
``port facility'' « installa- tions portuaires »	``port facility'' means a wharf, pier, breakwater, terminal, warehouse or other building or work located in, on or adjacent to navigable waters used in connection with navigation or shipping and includes all land incidental to their use.
``public port'' « port public »	``public port'' means a port designated as a public port under section 54.
``public port facility'' « installa- tions portuaires publiquest »	``public port facility'' means a port facility designated as a public port facility under section 54.
``Seaway'' « voie maritime »	``Seaway'' means the deep waterway between the port of Montreal and the Great Lakes that is constructed and maintained pursuant to the Agreement between Canada and the United States providing for the development of navigation and power in the Great Lakes-St. Lawrence Basin, dated March 19, 1941, including the locks, canals and facilities between the port of Montreal and Lake Erie and generally known as the St. Lawrence Seaway.
``ship'' « navire »	``ship'' includes every description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, whether self-propelled or not and without regard to the method of propulsion, and includes a sea-plane and a raft or boom of logs or lumber.
Same meaning	(2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act.
	ABORIGINAL RIGHTS
Aboriginal rights	2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the application of section 35 of the Constitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada.
	NATIONAL MARINE POLICY
National Marine Policy	3. It is hereby declared that the objective of this Act is to
	(a) implement a National Marine Policy that provides Canada with the marine infrastructure that it needs and that offers effective support for the achievement of local, regional and national social and economic objectives and will promote and safeguard Canada's competitiveness and trade objectives;
	(b) base the marine infrastructure and services on international practices and approaches that are consistent with those of Canada's major trading partners in order to foster harmonization of standards among jurisdictions;
	(c) ensure that marine transportation services are organized to satisfy the needs of users and are available at a reasonable cost to the users;
	(d) provide for a high level of safety and environmental protection;
	(e) provide a high degree of autonomy for local or regional management of components of the system of services and facilities and be responsive to local needs and priorities;
	(f) manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users and the community in which a port or harbour is located;
	(g) provide for the disposition, by transfer or otherwise, of certain ports and port facilities; and
	(h) coordinate with other marine activities and surface and air transportation systems.
	PART I
	CANADA PORT AUTHORITIES
	Interpretation
Definitions	4. The definitions in this section apply in this Part.
``letters patent'' « lettres patentes »	``letters patent'' means letters patent as amended by supplementary letters patent, if any.
``port'' « port »	``port'' means the navigable waters under the jurisdiction of a port authority and the real property that the port authority manages, holds or occupies as set out in the letters patent.
``user'' « utilisa- teur »	``user'', in respect of a port, means a person that makes commercial use of, or provides services at, the port.
	Application
Application of Part	5. (1) This Part applies to every port authority set out in the schedule and to every port authority for which letters patent of incorporation are issued or that has been continued under this Part and that has not been dissolved.
Amendment of schedule	(2) The Minister may, by order, amend the schedule by adding to it the names of port authorities to which letters patent are issued or by removing from it the names of port authorities that are dissolved.
	Agent of Her Majesty
Agent of Her Majesty	5.1 (1) Subject to subsection (3), a port authority is an agent of Her Majesty in right of Canada only for the purposes of engaging in the port activities referred to in paragraph 24(2)(a).
Not an agent of Her Majesty	(2) A wholly-owned subsidiary of a port authority is not an agent of Her Majesty in right of Canada unless, subject to subsection (3),
	(a) it was an agent of Her Majesty in right of Canada on June 10, 1996; and
	(b) it is an agent of Her Majesty in right of Canada under an enactment other than this Act.
Borrowing restriction	(3) A port authority or a wholly-owned subsidiary of a port authority may not borrow money as an agent of Her Majesty in right of Canada.
	Incorporation
Letters patent	6. (1) The Minister may issue letters patent of incorporation that take effect on the date stated in them for a port authority without share capital for the purpose of operating a particular port in Canada if the Minister is satisfied that the port
	(a) is, and is likely to remain, financially self-sufficient;
	(b) is of strategic significance to Canada's trade;
	(c) is linked to a major rail line or a major highway infrastructure; and
	(d) has diversified traffic.
Contents of letters patent	(2) The letters patent shall set out the following information:
	(a) the corporate name of the port authority;
	(b) the place where the registered office of the port authority is located;
	(c) the navigable waters that are within the port authority's jurisdiction;
	(d) the federal real property under the management of the port authority;
	(e) the real property, other than the federal real property, held or occupied by the port authority;
	(f) the number of directors, between seven and eleven, to be appointed under section 12, to be chosen as follows:
	(i) one individual nominated by the Minister,
	(ii) one individual appointed by the municipalities mentioned in the letters patent,
	(iii) one individual appointed by the province in which the port is situated, and, in the case of the port of Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and
	(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;
	(g) a code of conduct governing the conduct of the directors and officers of the port authority;
	(h) the charge on the gross revenues of the port authority, or the formula for calculating it, that the port authority shall pay each year to the Minister on the day fixed by the Minister to maintain its letters patent in good standing;
	(i) the extent to which the port authority and a wholly-owned subsidiary of the port authority may undertake port activities referred to in paragraph 24(2)(a) and other activities referred to in paragraph 24(2)(b);
	(j) the maximum term of a lease or licence of federal real property under the management of the port authority;
	(k) the limits on the authority of the port authority to contract as agent for Her Majesty;
	(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes; and
	(m) any other provision that the Minister considers appropriate to include in the letters patent and that is not inconsistent with this Act.
Status of letters patent	(3) Letters patent are not regulations within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.
When Ministerial approval required	(4) Any provisions of letters patent relating to the extent to which a port authority may undertake activities referred to in paragraph 24(2)(b) shall be approved by the President of the Treasury Board and the Minister of Finance before the letters patent are issued.
When Governor in Council approval required	(5) Any provisions of letters patent relating to limits on the power of a port authority to borrow money on the credit of the port authority for port purposes shall be approved by the Governor in Council before the letters patent are issued.
Supplemen- tary letters patent	7. The Minister may, on the Minister's own initiative and after consulting with the board of directors, or at the request of the board of directors, issue supplementary letters patent amending the letters patent of a port authority if the Minister is satisfied that the amendment is consistent with this Act, and the supplementary letters patent take effect on the date stated in them.

Bill C-44

BILL C-44