Bill C-9
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-9 |
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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
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Canada
Marine Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``Agency'' « Office »
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``Agency'' means the Canadian Transporta
tion Agency continued by subsection 7(1)
of the Canada Transportation Act.
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``federal real
property'' « immeubles fédéraux »
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``federal real property'' has the same meaning
as in section 2 of the Federal Real Property
Act.
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``fees'' « droits »
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``fees'' includes harbour dues, berthage and
wharfage, as well as duties, tolls, rates and
other charges.
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``goods'' « marchandi- ses »
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``goods'' includes all personal property other
than ships.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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``owner'' « propriétai- re »
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``owner'' includes
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``person'' « personne »
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``person'' includes a partnership, an associa
tion and a body corporate.
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``port
authority'' « adminis- tration portuaire »
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``port authority'' means a port authority estab
lished under section 8.
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``port
facility'' « installa- tions portuaires »
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``port facility'' means a wharf, pier, breakwa
ter, 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.
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``public port'' « port public »
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``public port'' means a port designated as a
public port under section 65.
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``public port
facility'' « installa- tions portuaires publiques »
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``public port facility'' means a port facility
designated as a public port facility under
section 65.
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``Seaway'' « voie maritime »
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``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 develop
ment of navigation and power in the Great
Lakes-St. Lawrence Basin, dated March 19,
1941, including the locks, canals and facili
ties between the port of Montreal and Lake
Erie and generally known as the St. Law
rence Seaway.
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``ship'' « navire »
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``ship'' includes every description of vessel,
boat or craft designed, used or capable of
being used solely or partly for marine navi
gation, 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.
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Same
meaning
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(2) Unless a contrary intention appears,
words and expressions used in this Act have
the same meaning as in the Canada Business
Corporations Act.
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ABORIGINAL RIGHTS |
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Aboriginal
rights
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3. 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 aborigi
nal or treaty rights of the aboriginal peoples of
Canada.
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NATIONAL MARINE POLICY |
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National
Marine Policy
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4. It is hereby declared that the objective of
this Act is to
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PART 1 |
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CANADA PORT AUTHORITIES |
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Interpretation |
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Definitions
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5. The definitions in this section apply in
this Part.
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``letters
patent'' « lettres patentes »
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``letters patent'' means letters patent as
amended by supplementary letters patent, if
any.
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``port'' « port »
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``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 pat
ent.
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``user'' « utilisa- teur »
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``user'', in respect of a port, means a person
that makes commercial use of, or provides
services at, the port.
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Application |
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Application of
Part
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6. (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.
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Amendment
of schedule
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(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.
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Agent of Her Majesty |
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Agent of Her
Majesty
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7. (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
28(2)(a).
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Not an agent
of Her
Majesty
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(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),
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Borrowing
restriction
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(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.
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Incorporation |
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Letters patent
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8. (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
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Contents of
letters patent
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(2) The letters patent shall set out the
following information:
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Status of
letters patent
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(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.
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When
Ministerial
approval
required
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(4) Any provisions of letters patent relating
to the extent to which a port authority may
undertake activities referred to in paragraph
28(2)(b) shall be approved by the President of
the Treasury Board and the Minister of
Finance before the letters patent are issued.
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When
Governor in
Council
approval
required
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(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.
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Supplemen- tary letters patent
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9. 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 supplemen
tary letters patent take effect on the date stated
in them.
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