Bill C-9
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Financial Management |
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Public to get
financial
statements
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37. (1) A port authority shall make available
for inspection by the public, at its registered
office during normal business hours at least
thirty days before the annual meeting, its
audited annual financial statements and those
of its wholly-owned subsidiaries for the
preceding fiscal year.
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Contents
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(2) The financial statements shall be
prepared in accordance with generally
accepted accounting principles and consist of
at least the following:
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Remunera- tion
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(3) The annual financial statements shall set
out the total remuneration paid to each of the
following persons in that year by the port
authority or its wholly-owned subsidiary,
including any fee, allowance or other benefit:
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Statements to
be given to
Minister
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(4) A port authority shall submit to the
Minister its audited annual financial
statements, and those of its wholly-owned
subsidiaries, at least thirty days before the port
authority's annual meeting.
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Other
information to
be given to
Minister
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(5) A port authority shall provide the
Minister with such accounts, budgets, returns,
statements, documents, records, books,
reports or other information as the Minister
may require, including information about any
contingent liabilities of the port authority or of
its wholly-owned subsidiaries.
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Books and
systems
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38. (1) A port authority shall ensure that, in
respect of itself and its wholly-owned
subsidiaries,
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Keeping of
books
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(2) The books, records, systems and
practices shall be kept and maintained in a
manner that will provide reasonable assurance
that
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Business plan
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39. A port authority shall annually submit to
the Minister, in respect of itself and each of its
wholly-owned subsidiaries, a five-year
business plan containing such information as
the Minister may require, including any
material changes in respect of information
provided in the previous business plan.
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Manner of
presenting
information
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40. The financial statements and business
plan of a port authority shall be prepared in a
form that clearly sets out information about
each of the activities of the port authority and
its wholly-owned subsidiaries, with the
information about port activities referred to in
paragraph 28(2)(a) set out separately from the
information about other activities referred to
in paragraph 28(2)(b).
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Special Examinations |
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Special
examinations
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41. (1) A port authority shall have a special
examination carried out to determine whether
the books, records, systems and practices
referred to in subsection 38(1) were, in the
period under examination, maintained in a
manner that provided reasonable assurance
that they met the requirements of subsection
38(2).
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Time for
examination
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(2) A special examination shall be carried
out at least once every five years and at any
additional times that the Minister may require.
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Plan
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(3) Before beginning a special examination,
the examiner shall survey the systems and
practices of the port authority and submit a
plan for the examination, including a
statement of the criteria to be applied, to the
audit committee of the port authority, or if
there is no audit committee, to the board of
directors, and, in the case where the Minister
has required the special examination to be
carried out, to the Minister.
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Disagree- ments
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(4) Where the examiner and the audit
committee or board of directors disagree
about the plan, the Minister may make a final
determination with respect to it.
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Reliance on
internal audit
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(5) The examiner shall, to the extent the
examiner considers it feasible, rely on an
internal audit carried out by the port authority.
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Report
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42. (1) The examiner shall, on completion
of the special examination, submit a report
and a summary report of the findings to the
Minister and to the board of directors.
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Contents
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(2) The examiner's report shall include
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Notice of
report
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(3) A port authority shall, as soon as is
practicable after it receives the summary
report, have notice of the summary report
published in a major newspaper published or
distributed in the place where the port is
situated.
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Report
available to
public
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(4) A port authority shall make the
summary report available for inspection by
the public at its registered office during
normal business hours.
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Examiner -
auditor
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43. (1) Subject to subsection (2), a special
examination shall be carried out by the auditor
of a port authority.
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Examiner -
other
qualified
auditor
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(2) Where, in the opinion of the Minister, a
person other than the auditor of a port
authority should carry out a special
examination, the Minister may, after
consulting with the board of directors appoint
another auditor to do it and may, after again
consulting with the board, remove that auditor
at any time.
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Property |
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Federal Real
Property Act
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44. (1) For the purposes of the Federal Real
Property Act, the Minister has the
administration of the federal real property of
a port in respect of which letters patent have
been issued to the port authority, other than
federal real property the administration of
which is under any other member of the
Queen's Privy Council for Canada.
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Management
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(2) The Minister may, in the letters patent,
give to a port authority the management of any
federal real property that is administered by
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Acts do not
apply
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(3) Where the Minister gives the
management of federal real property to a port
authority, the Federal Real Property Act,
other than sections 12 to 14 and paragraphs
16(1)(a), (g) and (i) and (2)(g), does not apply
to that property.
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Surplus
Crown Assets
Act
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(4) The Surplus Crown Assets Act does not
apply to a port authority.
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Notice to
Minister
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(5) Where a port authority is of the opinion
that certain real property is no longer required
for port purposes, it shall so inform the
Minister.
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Holding of
real property
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(6) A port authority may manage, occupy or
hold only the real property set out in its letters
patent.
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Powers and
obligations
where
management
given
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45. (1) Where the Minister has given the
management of federal real property to a port
authority, the port authority
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Legal
proceedings
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(2) A civil, criminal or administrative
action or proceeding with respect to federal
real property that a port authority 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 port authority
and not by or against the Crown.
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Leases and
licences
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(3) A port authority may, for the purpose of
operating the port, lease or license any federal
real property that it manages, subject to the
limits in the port authority's letters patent on
its authority to contract as agent for Her
Majesty in right of Canada. The term of the
lease or licence may not be more than the
maximum term that the letters patent set out
for such a lease or licence.
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Powers
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(3.1) The port authority may exercise the
powers under subsection (3) to the same extent
as Her Majesty could exercise those powers
and may, instead of Her Majesty, execute and
deliver the documents required for that
purpose.
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Application of
provincial law
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(4) A lease or licence of federal real
property may be effected by any instrument by
which real property may be leased or a licence
may be granted by a private person in respect
of real property under the laws in force in the
province in which the property is situated.
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Disposition of
federal real
property
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46. (1) Subject to subsection 45(3), a port
authority may not dispose of any federal real
property that it manages but it may
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Powers
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(1.1) The port authority may exercise the
powers under paragraph (1)(a) or (b) to the
same extent as Her Majesty could exercise
those powers and may, instead of Her Majesty,
execute and deliver the documents required
for that purpose.
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Other real
property
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(2) A port authority may dispose of any real
property that it occupies or holds, other than
federal real property, subject to the issuance of
supplementary letters patent, and, without the
issuance of supplementary letters patent, it
may grant road allowances or easements,
rights of way or licences for utilities, services
or access.
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Application of
provincial law
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(3) A grant may be effected by any
instrument by which an interest in real
property may be granted by a private person
under the laws in force in the province in
which the federal real property is situated.
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Navigable
Waters
Protection Act
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47. The Navigable Waters Protection Act
does not apply to a work, within the meaning
of that Act, to which regulations made under
section 62 of this Act apply.
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Land-use plan
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48. (1) A port authority shall, within twelve
months after the issuance of its letters patent,
develop a detailed land-use plan that contains
objectives and policies for the physical
development of the real property that it
manages, holds or occupies and that takes into
account relevant social, economic and
environmental matters and zoning by-laws
that apply to neighbouring lands.
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Contents of
plan
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(2) The land-use plan may
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Existing
structures
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(3) A land-use plan shall not have the effect
of preventing
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Publication of
notice
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(4) A port authority shall, at least sixty days
before the coming into force of a land-use
plan, have notice of the plan published in a
major newspaper published or distributed in
the place where the port is situated.
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Content of
notice
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(5) The notice shall include information as
to where a copy of the plan, including any
related documents necessary to understand it,
may be obtained and an invitation to any
interested person to make representations to
the port authority with respect to the proposed
plan within those sixty days and to attend a
public meeting at a specified time and place.
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Adoption of
plan
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(6) After the port authority considers any
representations made by interested persons
with respect to a proposed plan, it may adopt
the plan.
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Notice of
adopted plan
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(7) The port authority shall have notice of
each land-use plan that it adopts, together with
notice of the place at which a copy of the plan
may be obtained, published in a major
newspaper published or distributed in the
place where the port is situated.
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Exception
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(8) A port authority need not comply with
subsections (4) to (7) in respect of a proposed
land-use plan that
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Statutory
Instruments
Act
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(9) Land-use plans are not regulations
within the meaning of the Statutory
Instruments Act.
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