Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Regulations

• 64.1 (1) The Governor in Council may make regulations respecting any undertaking or class of undertakings that is situated or proposed to be situated in a port, including regulations respecting the development, use and environmental protection of the port as it relates to the undertaking or class of undertakings.

• Marginal note:Included powers

  (2) Without limiting the generality of subsection (1), a regulation made under that subsection may

  • (a) designate the undertakings or classes of undertakings to which the regulations apply;

  • (b) confer any legislative, administrative, judicial or other power on any person or body that the Governor in Council considers necessary to effectively regulate the undertaking;

  • (c) confer on any person or body the power, exercisable in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated,

    • (i) to make orders requiring any person or body to cease any work, comply with the regulations or take any measure to remedy the consequences of any contravention of the regulations, or

    • (ii) to do any work that the person or body considers necessary and to recover the costs of that work;

  • (d) fix, or prescribe the manner of calculating, any charge to be paid in respect of the undertaking;

  • (e) fix, or prescribe the manner of calculating, the rate of interest to be charged on amounts owing under the regulations;

  • (f) establish offences punishable on summary conviction for contraventions of the regulations, if similar acts or omissions constitute an offence under the laws in force in the province in which the undertaking is situated, and set, for such offences, fines or terms of imprisonment, or both, that are not more than the fines or terms of imprisonment applicable under those laws;

  • (g) establish administrative monetary penalties for contraventions of the regulations, if similar acts or omissions are punishable by administrative monetary penalties under the laws in force in the province in which the undertaking is situated, and set the amount of each of those penalties at an amount that is not more than the amount applicable under those laws;

  • (h) set limits on the liability of, and establish defences and immunities for, any person or body exercising a power or performing a duty or function under the regulations;

  • (i) confer on any person, for the purpose of verifying compliance with the regulations, the power to enter a place, to inspect the place and to seize and detain any thing found in that place, in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated;

  • (j) require that security be given or a trust or fund be established to secure the performance of any obligation imposed under the regulations;

  • (k) prescribe rules respecting the confidentiality or disclosure of any information obtained under the regulations;

  • (l) provide for the retention or the disposal, including the destruction, of documents, regardless of medium, that are created or submitted under the regulations;

  • (m) prescribe rules of procedure for hearings to be held in relation to the undertaking, including rules for the issuance of subpoenas to require the appearance of persons and the production of documents and rules requiring that evidence be given under oath, or confer on any person or body the power to prescribe those rules; and

  • (n) provide for the arbitration of disputes arising under the regulations.

• Marginal note:Application to Crown

  (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.