Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Fixing of fees

• 67. (1) The Minister may fix the fees to be paid in respect of

  • (a) ships, vehicles, aircraft and persons coming into or using a public port or public port facility;

  • (b) goods loaded on ships, unloaded from ships or transhipped by water within the limits of a public port or stored in, or moved across, a public port facility; and

  • (c) any service provided by the Minister, or any right or privilege conferred by the Minister, in respect of the operation of a public port or public port facility.

• Marginal note:Interest

  (2) The Minister may fix the interest rate to be charged on overdue fees.

• Marginal note:Application to Crown

  (3) The fees and the interest rate may be made binding on Her Majesty in right of Canada or a province.

• Marginal note:Application to military and police ships

  (4) The fees fixed under paragraphs (1)(a) and (b) do not apply in respect of a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces, a ship of a visiting force within the meaning of the Visiting Forces Act or any other ship while it is under the command of the Royal Canadian Mounted Police.

Marginal note:Services

68. The Minister may enter into agreements to provide services, rights or privileges, as the Minister considers appropriate, at a public port or public port facility and may agree by contract to accept fees other than those fixed under subsection 67(1) for those services, rights and privileges.

Marginal note:Harbour masters and wharfingers

• 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.

• Marginal note:Remuneration

  (2) The Minister may fix the remuneration to be paid to a harbour master or wharfinger and the amounts of the remuneration may, notwithstanding anything in the Financial Administration Act, be paid out of the fees collected in respect of public ports and public port facilities.

• Marginal note:Transitional

  (3) An appointment as a harbour master or wharfinger made by the Minister under subsection 11(2) of the Public Harbours and Ports Facilities Act, and the remuneration determined by the Governor in Council under subsection 11(3) of that Act in respect of that appointment, continue in effect as though they had been made and fixed under this section.