Bill C-23

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

house of commons of canada

BILL C-23

An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

CANADA MARINE ACT

1. (1) The definitions “droits” and “installations portuaires” in subsection 2(1) of the French version of the Canada Marine Act are repealed.

(2) The definitions “goods” and “port authority” in subsection 2(1) of the Act are replaced by the following:

“goods” includes personal property and movables, other than ships.

“port authority” means a port authority incorporated or continued under this Act.

(3) The definitions “fees” and “port facility” in subsection 2(1) of the English version of the Act are replaced by the following:

“fees” includes harbour dues, berthage and wharfage, as well as duties, tolls, rates and other charges, but does not include payments made under a lease or licence agreement.

“port facility” means a wharf, pier, breakwater, terminal, warehouse or other building or work that is located in, on or adjacent to navigable waters that is used in connection with navigation or shipping, land incidental to its use and any land adjacent to navigable waters that is used in connection with navigation or shipping.

(4) Paragraph (b) of the definition “owner” in subsection 2(1) of the Act is replaced by the following:

(b) in the case of goods, the agent, sender, consignee or bailee of the goods, as well as the carrier of the goods to, on, over or from any real property or immovables to which this Act applies.

(5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

2. The heading before section 4 of the Act is replaced by the following:

PURPOSE

3. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following:

4. In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the purpose of this Act is to

(a) implement marine policies that provide Canada with the marine infrastructure that it needs and that offer effective support for the achievement of national, regional and local social and economic objectives and will promote and safeguard Canada’s competitiveness and trade objectives;

(a.1) promote the success of ports for the purpose of contributing to the competitiveness, growth and prosperity of the Canadian economy;

(2) Paragraph 4(h) of the Act is replaced by the following:

(h) promote coordination and integration of marine activities with surface and air transportation systems.

4. Subsection 6(2) of the Act is replaced by the following:

(2) The Minister may, by regulation, amend the schedule.

5. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

8. (1) The Minister may issue letters patent — that take effect on the date stated in them — incorporating a port authority without share capital for the purpose of operating a particular port in Canada if the Minister is satisfied that the port

(2) The portion of subsection 8(2) of the Act before paragraph (a) is replaced by the following:

(2) The letters patent shall set out the following:

(3) Subparagraph 8(2)(f)(iii) of the Act is replaced by the following:

(iii) one individual appointed by the province in which the port is situated, and, in the case of the port wholly or partially located in Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and

(4) Paragraph 8(2)(l) of the Act is replaced by the following:

(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes or a code governing that power, as the case may be; and

6. Section 9 of the Act is replaced by the following:

9. (1) The Minister may, either on the Minister’s own initiative and after giving notice of the proposed changes to the board of directors, or when the board of directors has, by resolution, requested it, 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 supplementary letters patent take effect on the date stated in them.

(2) Notice must be given in writing and set out a time limit within which the board of directors may comment to the Minister regarding the proposed changes.

7. (1) Subsections 10(1) and (2) of the Act are replaced by the following:

10. (1) If the Minister is satisfied that the criteria set out in subsection 8(1) are met, the Minister may issue in respect of one or more harbour commissions established under the Harbour Commissions Act, letters patent continuing the harbour commission as a port authority that set out the information required by subsection 8(2).

(2) On the day on which the letters patent are issued, the harbour commission becomes a port authority and the Harbour Commissions Act ceases to apply.

(2) The portion of subsection 10(3) of the Act before paragraph (a) is replaced by the following:

(3) The rights and obligations of a port authority that was one or more harbour commissions immediately before letters patent were issued are as follows:

(3) Paragraph 10(3)(d) of the Act is replaced by the following:

(d) the personal property or movable, and any rights related to it, that the harbour commission manages, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

8. (1) Paragraph 12(3)(d) of the Act is replaced by the following:

(d) the personal property or movable, and any rights related to it, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

(2) Paragraph 12(4)(d) of the Act is replaced by the following:

(d) the personal property or movable, and any rights related to it, that relate to the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

9. The Act is amended by adding the following after section 13:

Amalgamation of Port Authorities

13.1 (1) The Governor in Council may remove any director of an amalgamating port authority during the period that begins on the day on which the Governor in Council requires the amalgamation and ends on the day before the day on which the amalgamation takes effect.

(2) Subsection 14(2.3) does not apply to a director of an amalgamating port authority who holds office on the day on which the Governor in Council requires the amalgamation.

(3) A fee that is in force in respect of a port on the day on which an amalgamation takes effect continues in force for a period that ends on the earlier of the expiry of six months and the day on which it is replaced by a fee fixed under subsection 49(1).

10. Subsection 14(2) of the Act is replaced by the following:

(1.1) The Governor in Council may appoint a director under paragraph (1)(b) or (c) who has been nominated by the Minister if the position has been vacant for more than one year.

(2) Directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.

(2.1) A director shall serve no more than nine consecutive years on the board.

(2.2) A director’s appointment takes effect on the day on which notice of the appointment is received by the port authority.

(2.3) Subject to subsection (2.1), if a successor has not been appointed at the expiry of a director’s term, the director continues to hold office until their term is renewed or their successor is appointed.

(2.4) Subject to subsection (2.1) and despite subsection (2), the term of office of a director appointed under subsection (1.1) to fill a vacant position under paragraph (1)(b) or (c) expires on the day on which a director is nominated under that paragraph.

11. Paragraph 16(c) of the Act is replaced by the following:

(c) a Senator or a member of the House of Commons;

(c.1) an officer or employee of the federal public administration, a federal Crown corporation or a port authority;

12. Paragraph 19(1)(b) of the Act is replaced by the following:

(b) is removed for cause by the authority that made the appointment, namely, the Governor in Council, the municipalities or the province or provinces, as the case may be; or

13. The Act is amended by adding the following after section 21:

21.1 Subject to the letters patent, the board of directors may delegate the powers to manage the activities of the port authority to a committee of directors or to the officers of the port authority.

14. Section 25 of the Act is replaced by the following:

25. Even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 7, no payment to a port authority or a wholly-owned subsidiary of a port authority may be made under an appropriation by Parliament to enable the port authority or subsidiary to discharge an obligation or liability unless

(a) the payment

(i) is made under the Emergencies Act or any other Act in respect of emergencies,

(ii) is a contribution in respect of the capital costs of an infrastructure project,

(iii) is a contribution in respect of envi- ronmental sustainability, or

(iv) is a contribution in respect of security, or

(b) the authority for the funding of Her Majesty’s obligations is an agreement that was in existence before March 1, 1999.

15. The Act is amended by adding the following after section 25:

25.1 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, make a contribution under subparagraph 25(a)(iv).

16. Subsection 27(1) of the Act is amended by striking out the word “and” at the end of paragraph (e) and by adding the following after paragraph (f):

(g) respecting the information and documents to be provided by a port authority to the Minister at the Minister’s request; and

(h) respecting the amalgamation of port authorities.

17. (1) Subsection 28(4) of the Act is replaced by the following:

(4) A port authority shall not carry on any activity or exercise any power that it is restricted by its letters patent from carrying on or exercising, nor shall it carry on any activity or exercise any power in a manner contrary to its letters patent or this Act.

(2) Subsections 28(6) and (7) of the Act are replaced by the following:

(5.1) If a port authority that is subject to a code governing its power to borrow enters into a contract, or executes any other document, for the borrowing of money, the document shall include an express statement that the borrowing complies with the code.

(6) The directors of a port authority shall take all necessary measures to ensure

(a) that the port authority and any wholly-owned subsidiary of the port authority comply with subsections (5) and, if appli- cable, (5.1); and

(b) that any subcontract arising directly or indirectly from a contract to which subsection (5) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada.

(7) If a port authority or a wholly-owned subsidiary of a port authority fails to comply with subsection (5) or (5.1), or the directors of a port authority fail to comply with subsection (6) or section 30.1, the Minister of Finance, on the recommendation of the Minister of Transport, may impose any limitations that the Minister of Finance considers to be in the public interest on the power of the port authority or subsidiary to borrow money, including limitations on the time and terms and conditions of any borrowing.

(3) Subsection 28(13) of the French version of the Act is replaced by the following:

18. The Act is amended by adding the following after section 30:

30.1 (1) The directors of a port authority that is subject to a code governing its power to borrow shall certify to the Minister that the borrowing policy is in compliance with the code.

(2) If there are any changes in respect of the borrowing policy, the directors of the port authority shall certify to the Minister that the policy remains in compliance with the code.

(3) The directors of the port authority shall provide a copy of the borrowing policy to the Minister if the Minister requests one.

19. (1) Subsection 31(3) of the Act is replaced by the following:

(3) Subject to subsection (4), a port authority may not mortgage, hypothecate or otherwise create a security interest in any federal real property or federal immovable that it manages in any way other than to create a security interest in the revenues of that property.

(2) Subsection 31(5) of the French version of the Act is replaced by the following:

20. The portion of subsection 37(3) of the Act before paragraph (a) is replaced by the following:

(3) The annual financial statements shall set out the total remuneration paid in money or in kind 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:

21. Section 39 of the Act is replaced by the following:

39. A port authority shall, within three months after the end of each fiscal year, submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing any information that the Minister may require, including any material changes in respect of information provided in the previous business plan.

22. (1) Subsection 44(1) of the French version of the Act is replaced by the following:

(2) Subsections 44(2) and (3) of the Act are replaced by the following:

(2) The Minister may, by letters patent or supplementary letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by

(a) the Minister under subsection (1); or

(b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.

(3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act does not apply to that property, other than sections 3, 5, 12 to 14 and 16 to the extent that those sections are not inconsistent with this Act.

23. (1) Paragraph 45(1)(c) of the Act is replaced by the following:

(c) shall undertake and defend any legal proceedings, subject to any instructions that may be provided by the Attorney General of Canada, with respect to that property; and

(2) Subsection 45(2) of the Act is replaced by the following:

(2) A civil, criminal or administrative action or proceeding shall be taken by or against a port authority and not by or against the Crown with respect to

(a) any personal property or movable owned by that port authority;

(b) any federal real property or federal immovable that it manages;

(c) any real property or immovable that it holds; and

(d) any act or omission relating to any property referred to in paragraphs (a) to (c).

(3) Section 45 of the Act is amended by adding the following after subsection (3.1):

(3.2) A port authority may lease or license any federal real property or federal immovable it manages for temporary use under paragraph 28(2)(a).

24. The Act is amended by adding the following after section 45:

45.1 (1) Her Majesty in right of Canada may acquire any real property or immovable for the purpose of operating a port at the request of the port authority and the port authority may pay the price of the property in question.

(2) If the management of the real property or immovable acquired under subsection (1) is removed from the port authority, Her Majesty does not become liable to the port authority for any portion of the price paid by it.

25. (1) The portion of subsection 46(1) of the French version of the Act before paragraph (a) is replaced by the following:

(2) Paragraph 46(1)(a) of the Act is replaced by the following:

(a) without the issuance of supplementary letters patent, grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access; and

(3) Subparagraph 46(1)(b)(i) of the Act is replaced by the following:

(i) exchange that property for other real property or immovables of comparable value, if supplementary letters patent that describe the other property as federal real property or federal immovables have been issued, and

(4) Subparagraph 46(1)(b)(ii) of the French version of the Act is replaced by the following:

(5) Subsection 46(2) of the Act is replaced by the following:

(2) A port authority may dispose of any real property or immovable that it holds, other than federal real property or federal immovables, if supplementary letters patent have been issued, and, without the issuance of supplementary letters patent, it may grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access.

(2.1) The port authority may acquire, lease as lessee or license as licensee real property or immovables other than federal real property or federal immovables, if supplementary letters patent have been issued.

(2.2) A port authority may lease or license any real property or immovable it holds, other than federal real property or federal immovables, for temporary use under paragraph 28(2)(b).

26. Section 47 of the Act is replaced by the following:

47. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, that has been exempted by a regulation made under section 62.

27. Subsection 51(3) of the French version of the Act is replaced by the following:

28. Subsection 52(1) of the French version of the Act is replaced by the following:

29. Section 53 of the Act is replaced by the following:

53. A port authority may enter into an agreement, that the parties may agree to keep confidential, fixing an amount to be paid to the port authority in respect of the persons and things set out in paragraphs 49(1)(a) to (c) that is different from the fees fixed under those paragraphs.

30. (1) Paragraph 56(1)(a) of the French version of the Act is replaced by the following:

(2) Paragraph 56(1)(d) of the French version of the Act is replaced by the following:

31. (1) The portion of subsection 58(1) of the Act before paragraph (a) is replaced by the following:

58. (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, each of whom shall be furnished with a certificate of designation, to exercise the following powers with respect to ships about to enter or within the port or an area of the port:

(2) Paragraph 58(1)(b) of the Act is replaced by the following:

(b) direct the master, the person in charge of the deck watch or any other person in charge of a ship or the pilot to provide information in respect of the ship specified by the designated person;

(3) Paragraph 58(2)(b) of the French version of the Act is replaced by the following:

(4) Paragraphs 58(2)(d) and (e) of the French version of the Act are replaced by the following:

(5) Paragraph 58(3)(a) of the French version of the Act is replaced by the following:

32. (1) Paragraph 59(1)(a) of the French version of the Act is replaced by the following:

(2) The portion of subsection 59(2) of the Act before paragraph (a) is replaced by the following:

(2) It is a defence to a charge under subsection (1) that the master, the person in charge of the deck watch or other person in charge of the ship or the pilot

(3) Subsection 59(3) of the French version of the Act is replaced by the following:

33. Section 61 of the Act is renumbered as subsection 61(1) and is amended by adding the following:

(2) Subject to any regulations made under the Marine Transportation Security Act, a port authority shall take appropriate measures for the maintenance of marine transportation security.

34. (1) Paragraph 62(1)(c) of the French version of the Act is replaced by the following:

(2) Subsection 62(1) of the Act is amended by adding the following after paragraph (d):

(d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the port authority;

(3) Paragraph 62(1)(h) of the Act is replaced by the following:

(h) the obligations of a port authority in respect of federal real property and federal immovables under the management of the port authority.

35. Paragraph 65(1)(a) of the Act is replaced by the following:

(a) designate as a public port any navigable waters within the jurisdiction of Parliament and any land covered by the navigable waters, if the land is under the administration of the Minister, including any related foreshore;

36. Section 66 of the French version of the Act is replaced by the following:

37. Subsection 69(1) of the Act is replaced by the following:

69. (1) The Minister may appoint as a harbour master or wharfinger for all or part of a public port or public port facility any person who, in the Minister’s opinion, is qualified and assign responsibilities to that person, including the responsibility to collect fees and interest on fees.

38. Subsection 71(1) of the French version of the Act is replaced by the following:

39. (1) The portion of subsection 72(1) of the French version of the Act before paragraph (b) is replaced by the following:

(2) Subsections 72(5) and (6) of the French version of the Act are replaced by the following:

(3) Subsections 72(7) and (8) of the Act are replaced by the following:

(8) Subject to any regulations made under section 74, the Minister continues to have the management of public ports and public port facilities that the Minister has not disposed of or transferred.

40. Section 73 of the Act is replaced by the following:

73. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, that has been exempted by a regulation made under section 74.

41. (1) The portion of subsection 74(1) of the French version of the Act before paragraph (a) is replaced by the following:

(2) Paragraph 74(1)(c) of the French version of the Act is replaced by the following:

(3) Subsection 74(1) of the Act is amended by adding the following after paragraph (d):

(d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister;

42. Paragraph 82(b) of the Act is replaced by the following:

(b) the personal property or movable, and any rights related to it, that the Authority administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, other than those set out specifically or by class in the agreement and notice, become the property and rights of the person.

43. Section 90 of the French version of the Act is replaced by the following:

44. Subsection 91(2) of the French version of the Act is replaced by the following:

45. Subsection 94(2) of the French version of the Act is replaced by the following:

46. (1) The portion of subsection 98(1) of the French version of the Act before paragraph (a) is replaced by the following:

(2) Paragraph 98(1)(c) of the French version of the Act is replaced by the following:

(3) Subsection 98(1) of the Act is amended by adding the following after paragraph (d):

(d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister or to any person who has entered into an agreement under subsection 80(5);

47. Section 101 of the Act is replaced by the following:

101. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, that has been exempted by a regulation made under section 98.

48. Subsection 107(1) of the French version of the Act is replaced by the following:

49. Paragraph 115(1)(a) of the Act is replaced by the following:

(a) that the ship or the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act or the regulations;

50. (1) Paragraph 116(4)(a) of the Act is replaced by the following:

(a) security in the amount of $100,000 has been given to, and has been determined satisfactory by, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be;

(a.1) the ship has not been charged with an offence under this Act within 30 days after the making of the detention order;

(2) The portion of paragraph 116(4)(b) of the French version of the Act before subparagraph (i) is replaced by the following:

(3) Subparagraph 116(4)(b)(i) of the Act is replaced by the following:

(i) security satisfactory to the Minister of not more than $5,000 is given to Her Majesty in right of Canada, or

51. (1) Paragraph 117(1)(d) of the Act is replaced by the following:

(d) the security referred to in paragraph 116(4)(a) or (b) has not been given.

(2) Paragraph 117(2)(d) of the Act is replaced by the following:

(d) the security referred to in paragraph 116(4)(a) or (c) has not been given.

(3) Paragraph 117(3)(d) of the Act is replaced by the following:

(d) the security referred to in paragraph 116(4)(a) or (d) has not been given.

52. Section 121 of the French version of the Act is replaced by the following:

53. The portion of subsection 122(1) of the French version of the Act before paragraph (a) is replaced by the following:

54. Subsections 127(1) and (2) of the Act are replaced by the following:

127. (1) A person or ship that contravenes a provision of this Act, except section 107, or of the regulations made under paragraph 27(1)(a), or of the regulations made under this Act for which no penalty is otherwise provided is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual, and of not more than $50,000 in the case of a corporation or ship.

(1.1) If a ship is prosecuted for an offence under a provision of this Act, except section 107, or of the regulations, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes 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.

(1.2) No person is guilty of an offence under this Act for a contravention of a by-law made under section 30.

(2) No person or ship shall be found guilty of an offence under this Act if the person or ship establishes that the person or ship exercised due diligence to prevent its commission.

55. Subsection 128(1) of the English version of the Act is replaced by the following:

128. (1) When an offence under this Act is committed by a person or ship on more than one day or is continued by a person or ship for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

56. Subsection 129(1) of the Act is replaced by the following:

129. (1) If a person or ship is guilty of an offence under Part 1 or the regulations made under paragraph 27(1)(a), a court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person or ship to comply with those provisions for the contravention of which the person or ship is convicted.

57. The Act is amended by adding the following after section 129:

Administrative Monetary Penalties

129.01 For the purposes of sections 129.06, 129.08 and 129.1 to 129.13, “Appeal Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

129.02 Every person or ship that contravenes a provision or instruction designated under paragraph 129.03(a) commits a violation and is liable to an administrative monetary penalty not exceeding the maximum established by regulation.

129.03 The Governor in Council may make regulations

(a) designating any of the following as a provision or instruction whose contravention may be proceeded with as a violation, namely,

(i) any provision of this Act, other than paragraphs 59(1)(d) and 126(b),

(ii) any provision of the regulations, or

(iii) any instruction that may be given under the regulations;

(b) establishing the maximum administrative monetary penalty for a particular violation, which may not exceed $5,000 in the case of an individual and $25,000 in the case of a corporation or ship;

(c) establishing criteria to be taken into account in determining the penalty;

(d) designating provisions or instructions the contravention of which, if continued on more than one day, constitutes a separate violation in respect of each day during which the violation is continued;

(e) respecting the service of the notice that is required to be served under subsection 129.05(1), including the manner and proof of service and the circumstances under which the notice is deemed to be served; and

(f) generally, for carrying out the purposes and provisions of this section and sections 129.04 to 129.17.

129.04 The administrative monetary penalty imposed is, in each case, to be determined taking into account

(a) the purpose of the penalty, which is to promote compliance with this Act and not to punish;

(b) the seriousness of the violation, including the frequency and duration of the conduct;

(c) the history of the person or ship that has been served with the notice of violation with respect to any prior violation or conviction under this Act within the five-year period immediately before the violation; and

(d) any other criteria established under paragraph 129.03(c).

129.05 (1) If an enforcement officer believes on reasonable grounds that a person or ship has committed a violation, the officer may issue, and shall cause to be served on the person or ship, a notice of violation.

(2) The Minister may establish the form and content of notices of violation, but each notice of violation shall

(a) name the person or ship believed to have committed the violation;

(b) identify the violation;

(c) set out the administrative monetary penalty that the person or ship is liable to pay;

(d) set out the particulars concerning the time for and manner of paying the penalty and the time for and manner of requesting a review; and

(e) inform the person or ship that, if they do not pay the penalty or request a review in accordance with the particulars set out in the notice, they will be deemed to have committed the violation and the penalty set out in the notice will be imposed.

129.06 A person or ship that has been served with a notice of violation shall either pay the penalty set out in the notice or file with the Appeal Tribunal a written request for a review of the facts of the alleged violation or of the amount of the penalty.

129.07 If the person or ship pays the penalty in accordance with the particulars set out in the notice of violation, the person or ship is deemed to have committed the violation and proceedings in respect of the violation are ended.

129.08 (1) A request for a review shall be filed with the Appeal Tribunal at the address set out in the notice of violation on or before the date specified in the notice or within any further time that the Appeal Tribunal, on application, may allow.

(2) On receipt of the request, the Appeal Tribunal shall appoint a time and place for the review and shall so notify, in writing, the Minister and the person or ship that filed the request.

(3) The member of the Appeal Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

(4) The burden of establishing that a person or ship has committed the violation identified in the notice is on the Minister.

(5) A person or ship that is alleged to have committed a violation is not required, and may not be compelled, to give any evidence or testimony in the matter.

129.09 A person or ship that neither pays the penalty nor files a request for a review in accordance with the particulars set out in the notice of violation is deemed to have committed the violation.

129.1 (1) At the conclusion of a review under section 129.08, the member of the Appeal Tribunal who conducts the review shall without delay inform the person or ship and the Minister of the member’s determination on the review.

(2) If the member determines that the person or ship has not committed the alleged violation, then, subject to section 129.11, no further proceedings may be taken against the person or ship in respect of the alleged violation.

(3) If the member determines that the person or ship has committed the alleged violation, then the member shall also inform the person or ship and the Minister of the administrative monetary penalty determined by the member to be payable in respect of the violation.

129.11 (1) The Minister or a person or ship affected by a determination made under section 129.1 may, within 30 days after the determination, appeal it to the Appeal Tribunal.

(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

(3) The appeal panel of the Appeal Tribunal that is assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

(4) If the appeal panel finds that a person or ship has committed the alleged violation, the panel shall without delay inform the person or ship of the finding and of the administrative monetary penalty determined by the panel to be payable in respect of the violation.

129.12 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

(a) unless a review of the facts of the alleged violation or the amount of the penalty is requested in accordance with the particulars set out in the notice of violation, the amount of a penalty set out in the notice, beginning on the day on which the notice was served;

(b) the amount of a penalty determined by a member of the Appeal Tribunal under section 129.1 or decided by the appeal panel of the Appeal Tribunal under section 129.11, beginning on the day on which the respective determination or decision was made; and

(c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b).

129.13 (1) All or part of a debt referred to in section 129.12 in respect of which there is a default of payment may be certified by the Appeal Tribunal at the request of the Minister.

(2) On production in any superior court, a certificate made under subsection (1) is to be registered in that court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.

129.14 If a corporation commits a violation, every person who at the time of the commission of the violation was a director or officer of the corporation is a party to and liable for the violation unless the act or omission constituting the violation took place without the person’s knowledge or consent or the person exercised due diligence to prevent the commission of the violation.

129.15 A person or ship is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against, unless the person or ship establishes that the violation was committed without the person’s or ship’s knowledge or consent.

129.16 For greater certainty, a violation is not an offence. Accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

129.17 Due diligence is a defence in a proceeding in respect of a violation.

General Provisions

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.

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.

(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:

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:

CANADA TRANSPORTATION ACT

61. Subsection 18(2) of the Canada Transportation Act is replaced by the following:

(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.

PILOTAGE ACT

62. Paragraph 48(a) of the French version of the Pilotage Act is replaced by the following:

TRANSITIONAL PROVISION

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

Marine Transportation Security Act

64. Section 11.1 of the Marine Transportation Security Act and the heading before it are repealed.

Transportation Appeal Tribunal of Canada Act

65. Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

(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

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.