Bill C-23
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General Provisions
How act or omission may be proceeded with
129.18 If an act or an omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Time limit
129.19 (1) No proceedings in respect of a violation or a prosecution for an offence may be commenced later than one year after the subject-matter of the proceedings became known to the Minister.
Certification by Minister
(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof that the Minister became aware of the subject-matter on that day.
58. The portion of section 133 of the Act before paragraph (a) is replaced by the following:
Successor rights
133. Where, under section 10, letters patent are issued to a harbour commission continuing it as a port authority, sections 44 to 46 of the Canada Labour Code apply as if
59. Item 16 of Part 1 of the schedule to the English version of the Act is replaced by the following:
16. Trois-Rivières Port Authority
60. The heading of Part 2 of the schedule to the French version of the Act is replaced by the following:
ADMINISTRATIONS PORTUAIRES QUI NE SONT PAS DES ADMINISTRATIONS PORTUAIRES INITIALES
1996, c. 10
CANADA TRANSPORTATION ACT
2007, c. 19, s. 5
61. Subsection 18(2) of the Canada Transportation Act is replaced by the following:
Residence of members
(2) The members appointed under subsection 7(2) shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines.
R.S., c. P-14
PILOTAGE ACT
2001, c. 26, par. 318(d)
62. Paragraph 48(a) of the French version of the Pilotage Act is replaced by the following:
a) à une disposition de la présente partie autre que l’article 15.3;
TRANSITIONAL PROVISION
Continued effect
63. Paragraph 25(b) of the Canada Marine Act, as it read immediately before the coming into force of section 14 of this Act, continues to apply in respect of a grant under an agreement in existence at the time of the coming into force of that section.
CONSEQUENTIAL AMENDMENTS
1994, c. 40
Marine Transportation Security Act
2004, c. 15, s. 73
64. Section 11.1 of the Marine Transportation Security Act and the heading before it are repealed.
2001, c. 29
Transportation Appeal Tribunal of Canada Act
2007, c. 1, s. 59
65. Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:
Jurisdiction in respect of other Acts
(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act and sections 129.01 to 129.19 of the Canada Marine Act.
COMING INTO FORCE
Order in council
66. The provisions of this Act, other than section 64, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Clause 58: Relevant portion of section 133:
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
Canada Transportation Act
Clause 61: Existing text of subsection 18(2):
(2) The members shall reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council determines.
Pilotage Act
Clause 62: Relevant portion of section 48:
48. Every person who contravenes or fails to comply with
(a) any provision of this Part, other than section 15.3,
Marine Transportation Security Act
Clause 64: Existing text of heading and section 11.1:
AGREEMENTS, CONTRIBUTIONS AND GRANTS
11.1 (1) The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, enter into agreements respecting security of marine transportation or make contributions or grants in respect of the cost or expense of actions that in the opinion of the Minister enhance security on vessels or at marine facilities.
(2) Subsection (1) is deemed, for the purposes of paragraph 25(b) of the Canada Marine Act, to be a provision of an Act of general application providing for grants.
(3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force.
Transportation Appeal Tribunal of Canada Act
Clause 65: Existing text of subsection 2(3):
(3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act and sections 43 to 55 of the International Bridges and Tunnels Act.