Bill C-9
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Fees |
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Fixing of fees
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50. (1) A port authority may fix fees to be
paid in respect of
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Interest
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(2) A port authority may fix the interest rate
that it charges on overdue fees.
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Self- sustaining financing
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(3) The fees fixed by a port authority shall
be at a level that permits it to operate on a
self-sustaining financial basis and shall be fair
and reasonable.
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Application to
Crown
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(4) The fees and interest rate may be made
binding on Her Majesty in right of Canada or
a province.
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Application to
military and
police ships
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(5) The fees fixed under paragraphs (1)(a)
and (b) do not apply in respect of a Canadian
warship, naval auxiliary ship or other ship
under the command of the Canadian Forces, a
ship of a visiting force within the meaning of
the Visiting Forces Act or any other ship while
it is under the command of the Royal Cana
dian Mounted Police.
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Fees
continued
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(6) A fee that is in force in respect of a port
on the coming into force of this section
continues in force for a period ending on the
earlier of the expiration of six months and the
date on which it is replaced by a fee fixed
under subsection (1).
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Discrimina- tion among users
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51. (1) A port authority shall not unjustly
discriminate among users or classes of users of
the port, 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.
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Exception re
commercially
acceptable
discrimi- nation
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(2) It is not unjust discrimination and it is
not an undue nor an unreasonable preference
or disadvantage for a port authority to differ
entiate 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 commer
cially accepted.
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Notice of new
or revised fees
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52. (1) Where a port authority proposes to
fix a new fee or revise an existing fee for
wharfage, berthage or harbour dues, it shall
give notice of the proposal in accordance with
this section and no fee shall come into force
before the expiration of sixty days after the
last of the notices is given.
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Contents of
notice
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(2) The notice shall
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How notice is
to be given
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(3) The port authority shall
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Exception
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(4) The notice required by this section does
not apply to any fees accepted in a contract
under section 54.
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Complaints
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53. (1) Any interested person may at any
time file a complaint with the Agency that
there is unjust discrimination in a fee fixed
under subsection 50(1), and the Agency shall
consider the complaint without delay and
report its findings to the port authority, and the
port authority shall govern itself accordingly.
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Governor in
Council may
vary or
rescind
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(2) 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 (1) as if the
report were a decision made pursuant to that
Act.
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Fees by
contract
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54. A port authority may agree, by a
contract that the parties may agree to keep
confidential, to accept fees other than those
fixed under subsection 50(1).
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Official Languages |
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Official
Languages
Act
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55. The Official Languages Act applies to a
port authority as a federal institution within
the meaning of that Act.
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Liquidation and Dissolution |
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Liquidation
and
dissolution
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56. (1) The Governor in Council may, by
issuing a certificate of intent to dissolve,
require a port authority to liquidate its assets
in accordance with the certificate or the
regulations made under subsection 27(2) and
may by a subsequent certificate of dissolution
dissolve the port authority, and the letters
patent are deemed to be revoked. The net
proceeds of liquidation are to be paid on
dissolution to Her Majesty in right of Canada.
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Dissolution
where no
liquidation
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(2) The Governor in Council may, by
issuing a certificate of dissolution, dissolve a
port authority without requiring the liquida
tion of its assets, in which case the obligations
and assets of the port authority revert on
dissolution to Her Majesty in right of Canada
under the administration of the Minister.
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Publication in
Canada
Gazette
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(3) A certificate of dissolution issued under
this section becomes effective thirty days after
the date it is published in the Canada Gazette.
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Revocation
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(4) The Governor in Council may revoke a
certificate of intent to dissolve at any time
before the issuance of a certificate of dissolu
tion by the issuance of a certificate of
revocation of intent to dissolve.
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Effect of
certificate
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(5) The revocation is effective on the date
set out in the certificate of revocation and the
port authority may then continue to carry on
its activities.
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Port Traffic Control |
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Traffic control
zones
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57. (1) Subject to any regulations made
under section 63, a port authority may, for the
purpose of promoting safe and efficient navi
gation or environmental protection in the
waters of the port, with respect to ships or
classes of ships,
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Clearance of
ships to enter
waters of a
port
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(2) Subject to any regulations made under
section 63, a port authority may
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Consistency
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(3) Subject to any regulations made under
section 63, practices and procedures estab
lished by a port authority under subsection (1)
shall not be inconsistent with national stan
dards and practices for marine vessel traffic
services, in particular those established under
the Canada Shipping Act.
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Notice
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58. (1) A port authority shall take reason
able steps to bring notice of each practice and
procedure proposed under paragraph 57(1)(b)
to the attention of persons likely to be affected
by it at least thirty days before the proposed
effective date of the measure, and a reasonable
opportunity within those thirty days shall be
given to ship owners, masters, persons in
charge of ships and other interested persons to
make representations to the port authority
with respect to it.
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Content of
notice
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(2) The notice shall include information as
to where a copy of the proposed measure,
including any related documents necessary to
understand it, may be obtained and an invita
tion to any interested person to make represen
tations to the port authority with respect to it
within those thirty days.
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Adoption of
measures
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(3) After the port authority considers any
representations made by interested persons
with respect to a proposed measure, it may
adopt the measure.
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Notice of
adopted
measure
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(4) The port authority shall take reasonable
steps to bring notice of each measure that it
adopts, together with notice of the place at
which a copy of the measure may be obtained,
to the attention of persons likely to be affected
by it.
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Exception
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(5) Subsection (1) does not apply to a
measure
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Emergency
situations
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(6) Subsection (1) does not apply where the
port authority is satisfied that an urgent
situation exists, but the port authority shall
take reasonable steps to bring notice of the
measure to the attention of any person likely
to be affected by it as soon as possible after it
comes into force.
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Traffic control
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59. (1) For the purpose of promoting safe
and efficient navigation or environmental
protection, a port authority may designate a
person or a member of a class of persons to
exercise the following powers with respect to
ships about to enter or within the port or an
area of the port:
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Preconditions
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(2) A person designated under subsection
(1) may direct a ship to do or refrain from
doing anything described in paragraph (1)(d)
only if the person believes on reasonable
grounds that any of the following circum
stances exist:
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Prohibition
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(3) No ship shall
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Offences and
punishment
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60. (1) Subject to subsection (2), a person or
ship is guilty of an offence and liable to a fine
of not more than $5,000 where the offence is
committed in respect of a ship of twenty
metres in length or less, or to a fine of not more
than $50,000 where the offence is committed
in respect of a ship exceeding twenty metres
in length, if the person or ship
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Defence
available in
certain cases
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(2) It is a defence to a charge under
subsection (1) that the master, pilot, person in
charge of the deck watch or other person in
charge of the ship
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Proof of
offence by
ship
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(3) Where a ship is prosecuted for an
offence under this section, it is sufficient proof
that the ship has committed the offence to
establish that the act or omission that consti
tutes the offence was committed by the master
of the ship or any person on board the ship,
whether or not the person on board has been
identified.
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Application to
military and
police ships
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61. For greater certainty, Canadian war
ships, naval auxiliary ships and other ships
under the command of the Canadian Forces,
ships of a visiting force within the meaning of
the Visiting Forces Act and any other ships
while they are under the command of the
Royal Canadian Mounted Police have access
to Canadian ports.
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