Bill C-9

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Property
Federal Real Property Act	90. For the purposes of the Federal Real Property Act, the Minister or other member of the Queen's Privy Council for Canada to whom federal real property is transferred under subsection 80(1) or (2) has the adminis tration of the property.
Powers re property of Her Majesty	91. (1) Where an agreement entered into under subsection 80(5) so provides, the person who has entered into the agreement
	(a) need not pay compensation in respect of the use of the property that is owned by Her Majesty and managed by the person;
	(b) may, notwithstanding the Financial Administration Act, retain and use the revenue received in respect of the property for the purpose of operating the Seaway;
	(c) may lease the property under the person's management and grant licences in respect of it;
	(d) shall undertake and defend any legal proceedings with respect to the manage ment of the property; and
	(e) shall discharge all obligations with respect to the management of the property.
Legal proceedings	(2) A civil, criminal or administrative action or proceeding with respect to federal real property that a person who has entered into an agreement under subsection 80(5) manages, or any property that it holds, or with respect to any act or omission occurring on the property, shall be taken by or against the person and not the Crown.
Federal Real Property Act does not apply	(3) The Federal Real Property Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).
Application of provincial law	(4) A lease or licence may be effected by any instrument by which real property may be leased or a licence may be granted by a private person under the laws in force in the province in which the property is situated.
No pledge of property	(5) A person who has entered into an agreement under subsection 80(5) may not mortgage, hypothecate, pledge or otherwise create a security interest in the property the person manages under that agreement in any way other than, where the agreement so provides, to pledge its revenues for the term of the agreement.
	Fees
Fees	92. (1) Where an agreement under subsec tion 80(5) so provides and subject to subsec tion (2), the person who has entered into the agreement may fix fees that
	(a) are for the use of any property under the person's management, any service that the person provides or any right or privilege that the person confers; and
	(b) take into account the obligations of the person under the agreement and the aim to provide a revenue sufficient to cover the costs of the management, maintenance and operation of the property and the mainte nance of a capital and operating reserve fund.
Fees by international agreement	(2) Where an agreement in respect of fees is entered into by Canada and the United States and is in force, the person who has entered into an agreement under subsection 80(5) shall charge the fees fixed under the international agreement in accordance with the directions of the Governor in Council.
Coming into force of fees	(3) The tariffs of tolls established by the Authority under section 16 of the St. Lawrence Seaway Authority Act continue in force until they are repealed by the person who has entered into an agreement under subsection 80(5) and no fee fixed by the person under subsection (1) shall come into force until that repeal.
Discrimina- tion among users	93. (1) A person who has entered into an agreement under subsection 80(5) shall not unjustly discriminate among users or classes of users of the Seaway, give an undue or unreasonable preference to any user or class of user or subject any user or class of user to an undue or unreasonable disadvantage with respect to the Seaway.
Exception re commercially acceptable discrimi- nation	(2) It is not unjust discrimination and it is not an undue nor an unreasonable preference or disadvantage to differentiate among users or classes of users on the basis of the volume or value of goods shipped or on any other basis that is generally commercially accepted.
Notice of fees	94. (1) A notice setting out the fees fixed under subsection 92(1) shall be filed with the Agency and the fees may be charged from the date of filing.
Complaints	(2) Any interested person may at any time file a complaint with the Agency that there is unjust discrimination in a fee referred to in subsection (1), and the Agency shall consider the complaint without delay and report its findings to the Minister or to the person who fixed the fee, as the case may be, and they shall govern themselves accordingly.
Governor in Council may vary or rescind	(3) Section 40 of the Canada Transporta tion Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (2) as if the report were a decision made pursuant to that Act.
	Official Languages Act
Official Languages Act	95. The Official Languages Act applies, in respect of the management of properties and undertakings that are the subject of an agree ment entered into under subsection 80(5), to the person who has entered into the agreement as if the person were a federal institution within the meaning of that Act.
	Dissolution
Dissolution of Authority	96. (1) The Authority is dissolved on the date fixed by the Governor in Council and all its assets and obligations devolve to Her Majesty in right of Canada under the adminis tration of the Minister.
Shares of subsidiary companies	(2) On the dissolution of the Authority,
	(a) all the shares of its subsidiaries are transferred to, and held by, the Minister on behalf of Her Majesty in right of Canada;
	(b) the subsidiaries shall take all necessary steps to ensure that their shareholder re cords are brought up to date in regard to the transfer; and
	(c) the Minister becomes the appropriate minister for the purposes of the Financial Administration Act.
Consequences for former directors	(3) The directors of the Authority and of its subsidiaries, other than the Great Lakes Pilotage Authority, Ltd., cease to hold office on the date fixed under subsection (1).
Consequences for officers	(4) Neither the Minister nor a person who has entered into an agreement under subsec tion 80(5) is bound by any severance agree ment entered into between the Authority or any of its subsidiaries and any of their officers after December 1, 1995.
Location of Authority	97. (1) Until the dissolution of the Authority by virtue of section 96, the Corporate Services of the Authority shall be located in Cornwall, Ontario.
Location of certain services	(2) Upon the dissolution of the Authority, the Administrative Services, Audit Services, Finance and Accounting, Human Resources Services, Information Technology Services, Marine Services, Operation Services, Mainte nance Services and Tolls and Statistics offered in respect of the operations of the St. Law rence Seaway shall be located in Cornwall, Ontario.
	Regulations
Regulations	98. (1) The Governor in Council may make regulations respecting
	(a) the regulation and control of navigation in the Seaway; and
	(b) the regulation of facilities, machinery and appliances for loading or unloading vessels in a canal.
Deeming provision	(2) Regulations made by the Authority under section 20 of the St. Lawrence Seaway Authority Act are deemed to have been made by the Governor in Council under this section.
	Traffic Control
Traffic control	99. Subject to regulations made under section 98, a person or a member of a class of persons designated by the Minister or, where an agreement under subsection 80(5) so provides, by the person who has entered into the agreement, may take the measures neces sary for the control of traffic in the Seaway, and sections 57 to 60 apply with such modifi cations as the circumstances require, except that, in making those modifications to section 59, the references in that section to a person or member of a class of persons designated under subsection 59(1) shall be taken to be refer ences to a person or member of a class of persons designated under this section.
	General
Powers of United States authority	100. The appropriate authority in the United States in respect of the Seaway has the powers necessary to enable it to act, in Canada, jointly or in conjunction with the Minister or with any person who has entered into an agreement under subsection 80(5).
Navigable Waters Protection Act	101. (1) The Navigable Waters Protection Act does not apply to works, within the meaning of that Act, to which this Part applies.
Works lawful	(2) Any work that is undertaken in accor dance with this Part is a lawful work, within the meaning of the Navigable Waters Protec tion Act, even though it interferes with navigation.
International Boundary Waters Treaty Act	102. Nothing in this Part affects the opera tion of the International Boundary Waters Treaty Act.
	PART 4
	REGULATIONS AND ENFORCEMENT
	Interpretation
Definitions	103. The definitions in this section apply in this Part.
``court'' « tribunal »	``court'' means
	(a) the Ontario Court (General Division);
	(b) the Superior Court of Quebec;
	(c) the trial division or branch of the Supreme Court of Prince Edward Island and Newfoundland;
	(d) the Court of Queen's Bench for New Brunswick, Manitoba, Saskatchewan and Alberta;
	(e) the Supreme Court of Nova Scotia and British Columbia;
	(f) the Supreme Court of the Yukon Territory and the Northwest Territories; and
	(g) the Federal Court - Trial Division.
``court of appeal'' « tribunal d'appel »	``court of appeal'' means, in the province in which an order referred to in subsection 119(3) is made, the court of appeal for that province as defined in section 2 of the Crim inal Code. It includes the Federal Court of Appeal.
	Regulations
Regulations	104. (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1 or 2 applies, including regula tions for the safety of persons and ships in those waters.
Application	(2) Regulations made under subsection (1) may apply only to navigable waters desig nated by the Governor in Council.
Regulations	105. The Governor in Council may make regulations generally for carrying out the purposes of this Act.
	Traffic Control
Traffic control	106. Subject to regulations made under section 104, a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in the navigable waters designated by the Governor in Council under subsection 104(2), and sections 57 to 60 apply with such modifications as the circumstances require, except that, in making those modifi cations to section 59, the references in that section to a person or member of a class of persons designated under subsection 59(1) shall be taken to be references to a person or member of a class of persons designated under this section.
	Liability for Fees
Ships and cargo	107. (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid.
Fees for use	(2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft.
	Enforcement
	Designation
Enforcement officers	108. (1) The Minister may designate any person or member of a class of persons as an enforcement officer for the purposes of this Act and shall furnish each person so desig nated with a certificate of designation.
Area of designation	(2) A designation as an enforcement officer is in respect of
	(a) a port in respect of which letters patent have been issued to a port authority;
	(b) a public port or public port facility;
	(c) all or part of the Seaway; or
	(d) all or part of the navigable waters designated under subsection 104(2).
Certificate to be produced	(3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designa tion to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.
	Inspection
Powers of enforcement officers	109. (1) An enforcement officer may, for the purpose of ensuring compliance with this Act, other than sections 59, 76, 99 and 106, or of a regulation made under this Act, other than under subsection 27(2),
	(a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and
	(b) require any person appearing to be in charge of the ship, vehicle, aircraft, prem ises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper.
Operation of computer systems and copying equipment	(2) In carrying out an inspection of a place, an enforcement officer may
	(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
	(b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and
	(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Duty to assist enforcement officers	110. The owner or person who is in possession or control of a place that is inspected under section 109, and every person who is found in the place, shall
	(a) give the enforcement officer all reason able assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and
	(b) provide the enforcement officer with any information relevant to the administra tion of this Act or the regulations that the officer may reasonably require.
	Search and Seizure
Warrant	111. (1) An enforcement officer with a warrant issued under subsection (3) may, at any reasonable time, search any ship, vehicle, aircraft, premises or other place if the officer believes on reasonable grounds that there is in the place