Bill C-9
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Recommen- dation of Agency
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35. (1) The Canadian Transportation
Agency shall, after making the investigation,
including the holding of public hearings, if
any, and before the expiration of the period
mentioned in subsection (2) or prescribed
under subsection (3), make a recommendation
to the Authority and the Authority shall
govern itself accordingly.
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Time for
making
decisions
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(2) The Agency shall make its
recommendation in respect of a proposed
charge set out in a notice of objection filed
under subsection 34(2) as expeditiously as
possible, but no later than one hundred and
twenty days after receiving the objection,
unless a regulation made under subsection (3)
provides otherwise or the parties agree to an
extension.
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Period for
specified
classes
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(3) The Governor in Council may, by
regulation, prescribe periods of less than one
hundred and twenty days within which the
Agency shall make its recommendation in
respect of proposed charges set out in notices
of objection.
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Obligation to
reimburse
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(4) Where the Agency recommends a
charge that is lower than that prescribed by the
Authority, the Authority shall reimburse to
any person who has paid the prescribed charge
the difference between it and the
recommended charge, with interest at the rate
quoted by banks to the most credit-worthy
borrowers for prime business loans, as
determined by the Bank of Canada for the day
on which the Agency recommends the lower
charge.
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Subsection
34(1) does not
apply
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(5) The publication requirements of
subsection 34(1) do not apply in respect of
pilotage charges fixed pursuant to a
recommendation of the Agency.
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Copy
submitted to
Minister
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(6) The Agency shall submit a copy of its
recommendation to the Minister immediately
after it is made.
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Governor in
Council may
vary or
rescind
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(7) Section 40 of the Canada
Transportation Act applies, with such
modifications as the circumstances require, in
respect of every recommendation of the
Agency under subsection (1) as if the
recommendation were a decision made
pursuant to that Act.
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152. The Act is amended by adding the
following before section 36:
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No
appropriation
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36.01 No payment to an Authority may be
made under an appropriation by Parliament to
enable the Authority to discharge an
obligation or liability. This section applies
notwithstanding any authority given under
any other Act, other than an authority given
under the Emergencies Act or any other Act in
respect of emergencies.
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153. Section 36 of the Act is replaced by
the following:
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Borrowing
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36. An Authority may, for the purpose of
defraying its expenses, borrow money in
Canada or elsewhere in an amount not more
than the maximum fixed for the Authority by
the Governor in Council.
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154. Paragraph 48(a) of the Act is
replaced by the following:
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155. The Act is amended by adding the
following after section 48:
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Contraven- tion
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48.1 A person who contravenes section 15.3
is guilty of an offence and liable to a fine of not
more than $10,000 for each day on which the
offence is committed or continued.
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156. Section 49 of the Act is replaced by
the following:
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To whom
fines paid
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49. All fines collected pursuant to this Act,
other than section 48.1, shall be paid to the
Authority concerned.
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157. The Act is amended by adding the
following after section 52:
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REPORT TO PARLIAMENT |
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Review and
report by
Authorities
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53. (1) The Minister shall, in consultation
with each Authority, its users and other
persons affected, at the latest one year after the
coming into force of this section, review the
pilot certification process for masters and
officers, training and licensing requirements
for pilots, compulsory pilotage area
designations, dispute resolution mechanisms
and the measures taken in respect of financial
self-sufficiency and cost reduction, and
prepare a report of the findings.
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Tabling of
report
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(2) The Minister shall have a copy of each
report laid before each House of Parliament on
any of the first thirty days on which that House
is sitting after the Minister prepares it.
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158. The Act is amended by replacing the
name ``Great Lakes Pilotage Authority,
Ltd.'' with the name ``Great Lakes Pilotage
Authority'' in the following provisions:
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PART 8 |
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CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE |
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Consequential Amendments |
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R.S., c. A-1
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Access to Information Act
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159. (1) Schedule I to the Access to
Information Act is amended by striking out
the following under the heading ``Other
Government Institutions'':
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Canada Ports Corporation
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(2) Schedule I to the Access to Information
Act is amended by striking out the following
under the heading ``Other Government
Institutions'':
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Great Lakes Pilotage Authority, Ltd.
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160. Schedule I to the Act is amended by
striking out the following under the heading
``Other Government Institutions'':
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The St. Lawrence Seaway Authority
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161. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Great Lakes Pilotage Authority
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162. Schedule I to the Act is amended by
adding the following in alphabetical order
under the heading ``Other Government
Institutions'':
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Fraser River Port Authority
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Halifax Port Authority
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Hamilton Port Authority
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Montreal Port Authority
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Nanaimo Port Authority
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North Fraser Port Authority
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Port Alberni Port Authority
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Prince Rupert Port Authority
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Quebec Port Authority
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Saguenay Port Authority
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Saint John Port Authority
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Sept-Îles Port Authority
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St. John's Port Authority
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Thunder Bay Port Authority
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Toronto Port Authority
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Trois-Rivières Port Authority
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Vancouver Port Authority
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Windsor Port Authority
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1996, c. 10
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Canada Transportation Act
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163. Subsection 50(3) of the Canada
Transportation Act is replaced by the
following:
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Restriction
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(3) No regulation made under subsection
(1) shall require or have the effect of requiring
any person to provide the Minister with a
contract referred to in subsection 68(1) or a
contract entered into under subsection 126(1)
or under section 53 of the Canada Marine Act.
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1992, c. 37
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Canadian Environmental Assessment Act
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164. (1) The portion of the definition
``federal authority'' in subsection 2(1) of
the Canadian Environmental Assessment
Act after paragraph (d) is replaced by the
following:
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(2) Paragraph (a) of the definition
``federal lands'' in subsection 2(1) of the Act
is replaced by the following:
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165. Section 9 of the Act is replaced by the
following:
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Assessments
by harbour
commissions
and port
authorities
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9. Before the Hamilton Harbour
Commissioners constituted pursuant to The
Hamilton Harbour Commissioners' Act, The
Toronto Harbour Commissioners constituted
pursuant to The Toronto Harbour
Commissioners' Act, 1911, any harbour
commission established pursuant to the
Harbour Commissions Act, a not-for-profit
corporation that enters into an agreement
under subsection 80(5) of the Canada Marine
Act or a port authority established under that
Act exercises a power or performs a duty or
function referred to in paragraph 5(1)(a), (b)
or (c) in relation to a project, it shall ensure
that an assessment of the environmental
effects of the project is conducted in
accordance with any regulations made for that
purpose under paragraph 59(k) as early as is
practicable in the planning stages of the
project and before irrevocable decisions are
made.
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1993, c. 34,
s. 40(2)(F)
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166. Paragraph 59(k) of the Act is
replaced by the following:
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1989, c. 3
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Canadian Transportation Accident
Investigation and Safety Board Act
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167. Paragraphs 29(1)(c) and (d) of the
Canadian Transportation Accident
Investigation and Safety Board Act are
replaced by the following:
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R.S., c. F-8;
1995, c. 17,
s. 45(1)
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Federal-Provincial Fiscal Arrangements Act
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