Canada Marine Act (S.C. 1998, c. 10)

Act current to 2014-10-15 and last amended on 2014-04-01. Previous Versions

PART 5HUMAN RESOURCES

Seaway

Marginal note:Successor rights

 On the coming into force of an agreement entered into under subsection 80(5), sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and

  • (b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.

Marginal note:Designation of employees

 The Minister may designate any employee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 80(5) as a designated employee for that property or undertaking.

Local Port Corporations

Marginal note:Successor rights

 On the continuance of a local port corporation under section 12 as a port authority, sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the local port corporation and the port authority; and

  • (b) the employees of the local port corporation were employees of the business.

Harbour Commissions

Marginal note:Successor rights

 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

  • (a) a sale of a business had taken place between the harbour commission and the port authority; and

  • (b) the employees of the harbour commission were employees of the business.

  • 1998, c. 10, s. 133;
  • 2008, c. 21, s. 58.

Non-corporate Ports of Canada Ports Corporation

Marginal note:Designation by Minister

 For the purposes of sections 135 to 137, the Minister may designate any employee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act, as a designated employee for that port.

Marginal note:Successor rights
  •  (1) Where, under section 12, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if

    • (a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and

    • (b) the employees designated under section 134 for that non-corporate port were employees of the business.

  • Marginal note:Successor rights

    (2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 134 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 12, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty.

  • Marginal note:Deemed continuous

    (3) The employment of the designated employees is deemed to be continuous.