Bill C-9
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Other Powers |
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Sale of
perishable
goods
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121. Where, in the opinion of an enforce
ment officer, any goods that have been seized
and detained under this Act, or that have been
abandoned, are likely to rot, spoil or otherwise
perish, the officer may sell or otherwise
dispose of the goods in the manner and for the
price that is reasonable in the circumstances,
and the proceeds of the disposition are to be
credited toward payment of the amount due or
payable in respect of the ship or goods and the
expenses incurred in connection with the
detention and sale.
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Lien on ships
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122. (1) A port authority, the Minister or a
person who has entered into an agreement
under subsection 80(5), as the case may be,
has at all times a lien on a ship and on the
proceeds of its disposition for an amount
owing to the port authority, the Minister or the
person, and the lien has priority over all other
rights, interests, claims and demands, other
than claims for wages of seamen under the
Canada Shipping Act, if the amount is owing
in respect of
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Lien on goods
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(2) A port authority, the Minister or a person
who has entered into an agreement under
subsection 80(5), as the case may be, has at all
times a lien on goods on the property under
their jurisdiction for fees and interest owing to
them in respect of the goods, the lien having
priority over all other rights, interests, claims
and demands and they may seize the goods.
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Obstruction of
ports
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123. (1) Where an enforcement officer is of
the opinion that a ship or goods left or
abandoned within the enforcement officer's
area of designation as provided in subsection
108(2), impede, interfere with or render
difficult or unsafe the use of that area, the
officer may direct the person who appears to
be in charge of the ship or goods to remove the
ship or goods to a place that the officer
considers suitable within or outside the area.
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Detention and
removal
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(2) If a person fails to remove a ship or
goods as directed by an enforcement officer
under subsection (1) or if no person appears to
be in charge of the ship or goods, the officer
may detain the ship or goods and remove them
to a place that the officer considers suitable,
and the costs of the detention and removal are
recoverable in the same manner as fees
payable under this Act.
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Rights
exercisable
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124. The right of a port authority, the
Minister or a person who has entered into an
agreement under subsection 80(5) to detain a
ship or seize goods under this Act is exercis
able whether or not title to or possession of the
ship or goods is, at the time of the exercise of
the right, in the same person as the person who
held the title or possession at the time when,
in the opinion of the port authority, the
Minister or the person, the amount owing first
became due and payable.
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Other
remedies
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125. Whether or not a port authority, the
Minister or a person who has entered into an
agreement under subsection 80(5) exercises
the right to detain ships and seize goods under
this Act, they may proceed against the owner
of a ship or goods in any court of competent
jurisdiction for the amount owing to them, or
for the balance of that amount in the event of
the sale of the ship or goods, and may also
exercise against the owner of the ship or goods
any other right or remedy available at law.
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Offences and Punishment |
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Offence
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126. A person is guilty of an offence if the
person
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Offence and
fine
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127. (1) A person who contravenes a
provision of this Act, other than section 107,
or the regulations for which no penalty is
otherwise provided under this Act or under
regulations made under subsection 27(2) is
guilty of an offence and liable to a fine of not
more than $5,000 in the case of an individual,
and of not more than $50,000 in the case of a
corporation.
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Defence
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(2) No person shall be found guilty of an
offence under this Act if the person establishes
that the person exercised due diligence to
prevent its commission.
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Code of
conduct
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(3) Notwithstanding subsection (1), a direc
tor or officer of a port authority is not guilty of
an offence under this Act for non-compliance
with the code of conduct set out in the letters
patent of the port authority.
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Separate
offence
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128. (1) When an offence under this Act is
committed by a person on more than one day
or is continued by a person for more than one
day, it is deemed to be a separate offence for
each day on which it is committed or contin
ued.
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Limitation
period
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(2) Proceedings in respect of an offence
under this Act may be commenced at any time
within, but not later than, one year after the
time when the subject-matter of the proceed
ings arose.
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Order to
comply
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129. (1) Where a person is guilty of an
offence under Part 1 or the regulations made
under subsection 27(2), a court in which
proceedings in respect of the offence are taken
may, in addition to any punishment it may
impose, order the person to comply with those
provisions for the contravention of which the
person is convicted.
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Civil remedy
not affected
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(2) No civil remedy for an act or omission
is suspended or affected by reason that the act
or omission is an offence under Part 1 or the
regulations made under subsection 27(2).
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PART 5 |
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HUMAN RESOURCES |
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Seaway |
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Successor
rights
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130. On the coming into force of an
agreement entered into under subsection
80(5), sections 44 to 46 of the Canada Labour
Code apply as if
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Designation
of employees
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131. The Minister may designate any
employee who performs duties or functions in
respect of properties or undertakings that are
the subject of an agreement entered into under
subsection 80(5) as a designated employee for
that property or undertaking.
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Local Port Corporations |
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Successor
rights
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132. On the continuance of a local port
corporation under section 12 as a port author
ity, sections 44 to 46 of the Canada Labour
Code apply as if
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Harbour Commissions |
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Successor
rights
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133. Where, under section 10, letters patent
of continuance as a port authority are issued to
a harbour commission established under the
Harbour Commissions Act, The Hamilton
Harbour Commissioners Act or The Toronto
Harbour Commissioners' Act, 1911, sections
44 to 46 of the Canada Labour Code apply as
if
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Non-corporate Ports of Canada Ports Corporation |
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Designation
by Minister
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134. For the purposes of sections 135 to
137, the Minister may designate any em
ployee of the Canada Ports Corporation who
performs duties or functions in respect of a
non-corporate port, within the meaning of the
Canada Ports Corporation Act, as a desig
nated employee for that port.
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Successor
rights
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135. (1) Where, under section 12, letters
patent as a port authority are issued to a
non-corporate port, sections 44 to 46 of the
Canada Labour Code apply as if
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Successor
rights
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(2) Notwithstanding any provision of the
Canada Labour Code to the contrary, that Act
applies after the date of the repeal of the
Canada Ports Corporation Act in respect of
the employment of the employees designated
under section 134 in respect of non-corporate
ports, other than non-corporate ports that are
continued as port authorities under section 12,
and, for those purposes, sections 44 to 46 and
189 of the Canada Labour Code apply as if a
sale of a business had taken place between the
Canada Ports Corporation and the Minister on
behalf of Her Majesty.
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Deemed
continuous
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(3) The employment of the designated
employees is deemed to be continuous.
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Minister's
powers
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136. The Minister may, on behalf of Her
Majesty, appoint any employees that the
Minister considers appropriate for the opera
tion of a non-corporate port, other than a
non-corporate port continued as a port author
ity under section 12, and may, subject to any
collective agreement in force, determine the
terms and conditions of employment and
remuneration, assign duties and functions and
terminate employment in respect of those
employees and of the employees whose
employment is continued under section 135.
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Delegation
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137. The Minister may delegate the powers
and responsibilities of Her Majesty as em
ployer under Part I of the Canada Labour
Code to any person the Minister considers
appropriate.
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Public Service
Staff Relations
Act
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138. For greater certainty, the Public Ser
vice Staff Relations Act does not apply to
designated employees of a non-corporate port
that is continued as a port authority under
section 12, or to employees appointed under
section 136, after the date of the repeal of the
Canada Ports Corporation Act.
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PART 6 |
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MISCELLANEOUS |
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Dissolution of
Canada Ports
Corporation
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139. (1) On the repeal of the Canada Ports
Corporation Act, the Canada Ports Corpora
tion is dissolved and all its assets and obliga
tions devolve to the Crown under the adminis
tration of the Minister.
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Consequences
for former
directors
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(2) The directors of the Canada Ports
Corporation cease to hold office on the
coming into force of section 197 and have no
right to claim or receive any compensation,
damages, indemnity or other form of relief
from Her Majesty in right of Canada or from
any servant or agent of Her Majesty for
ceasing to hold office by virtue of this section.
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Consequences
for officers
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(3) Neither the Canada Ports Corporation
nor Her Majesty in right of Canada is bound by
any severance agreement entered into be
tween the Corporation and any of its officers
after December 1, 1995.
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Agreements
- Marine
Atlantic Inc.
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140. (1) The Minister may enter into
agreements with any person, including the
government of a province, in respect of
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Disposition of
assets
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(2) Marine Atlantic Inc. is authorized to
transfer, sell or otherwise dispose of all or
substantially all of its assets used in any major
business or activity of the corporation, includ
ing the shares of a subsidiary.
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Regulations
- The
Jacques- Cartier and Champlain Bridges Inc.
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141. The Governor in Council may, by
regulation, provide that any provision of the
St. Lawrence Seaway Authority Act and the
regulations made under that Act, including
provisions imposing punishment, apply to The
Jacques-Cartier and Champlain Bridges Inc.,
with any modifications that the Governor in
Council considers appropriate.
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Regulations
- The
Seaway
International
Bridge
Corporation,
Ltd.
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142. The Governor in Council may, by
regulation, provide that any provision of the
St. Lawrence Seaway Authority Act and the
regulations made under that Act, including
provisions imposing punishment, apply to The
Seaway International Bridge Corporation,
Ltd., with any modifications that the Gover
nor in Council considers appropriate.
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Ridley
Terminals Inc.
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143. The Minister is the appropriate minis
ter for Ridley Terminals Inc. for the purposes
of the Financial Administration Act.
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Review of Act
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144. A review of the provisions and opera
tion of this Act shall be completed by the
Minister during the fifth year after this Act is
assented to. The Minister shall cause a report
of the results of the review to be laid before
each House of Parliament on any of the first
fifteen days on which that House is sitting
after the report is completed.
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PART 7 |
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R.S., c. P-14;
R.S., c. 31 (1st
Supp.), c. 1
(2nd Supp.),
c. 28 (3rd
Supp.), c. 1
(4th Supp.);
1996, c. 10
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AMENDMENTS TO THE PILOTAGE ACT |
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R.S., c. 1 (4th
Supp.), s. 44
(Sch. II, item
19 (A))
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145. (1) Subsection 3(2) of the Pilotage
Act is replaced by the following:
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Appointment
of Chairman
of Authority
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(2) On the recommendation of the Minister
and after consultation with members of the
Authority and with the users of its services, the
Governor in Council may appoint the Chair
man of an Authority to hold office during
pleasure for the term that the Governor in
Council considers appropriate.
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(2) Section 3 of the Act is amended by
adding the following after subsection (3):
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Full- or part-
time
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(3.1) The Chairman and the Vice-Chairman
may be appointed to serve full-time or part-
time.
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146. Sections 5 to 8 of the Act are replaced
by the following:
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Great Lakes
Pilotage
Authority,
Ltd.
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5. The name ``Great Lakes Pilotage Author
ity, Ltd.'' is changed to ``Great Lakes Pilotage
Authority'' and the Authority is deemed to
have been established under subsection 3(1).
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147. Subsection 13(1) of the Act is re
placed by the following:
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Chairman
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13. (1) Where the Chairman of an Authority
serves full-time, the Chairman has the direc
tion and control of the business of the
Authority and may exercise such powers as
may be conferred on the Chairman by by-law
of the Authority.
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Part-time
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(1.1) Where the Chairman of an Authority
serves part-time, the board appoints a chief
executive officer who has the direction and
control of the business of the Authority and
who may exercise such powers as may be
conferred on the chief executive officer by
by-law of the Authority.
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148. The Act is amended by adding the
following after section 15:
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Renewal of
contract
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15.1 (1) Where a contract for services
referred to in subsection 15(2) does not
provide a mechanism for the resolution of
disputes in the contract renewal process, fifty
days before the contract expires, the parties to
the contract shall jointly choose a mediator
and an arbitrator and shall refer to the
mediator all issues related to the renewal of
the contract that remain unresolved.
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No agreement
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(2) Where the parties cannot agree on an
arbitrator or where the arbitrator chosen by the
parties is unavailable, the Minister shall
choose an arbitrator.
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Mediation
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(3) The mediator has thirty days in which to
bring the parties to agreement on the outstand
ing issues, at the end of which time the parties
to the contract shall refer all of the remaining
outstanding issues to the arbitrator.
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Final offers
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15.2 (1) The parties to the contract shall
each submit a final offer in respect of the
outstanding issues to each other and to the
arbitrator within five days after the date on
which those issues are referred to the arbitra
tor.
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Decision of
arbitrator
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(2) Within fifteen days, the arbitrator shall
choose one or other of the final offers.
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Effect of
decision
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(3) The final offer chosen by the arbitrator
becomes part of the new contract for services
and the new contract becomes effective on the
day after the former contract expires.
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Continuation
of services
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15.3 A body corporate with which an
Authority has contracted for services under
subsection 15(2) and the members and share
holders of the body corporate are prohibited
from refusing to provide pilotage services
while a contract for services is in effect or
being negotiated.
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149. Subsection 33(3) of the Act is re
placed by the following:
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(3) The tariffs of pilotage charges pre
scribed by an Authority under subsection (1)
shall be fixed at a level that permits the
Authority to operate on a self-sustaining
financial basis and shall be fair and reason
able.
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R.S., c. 28
(3rd Supp.), s.
359 (Sch., s.
9)
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150. Subsection 34(1) of the Act is re
placed by the following:
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