Canada Marine Act (S.C. 1998, c. 10)

Act current to 2016-09-18 and last amended on 2016-06-22. Previous Versions

Canada Marine Act

S.C. 1998, c. 10

Assented to 1998-06-11

An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence

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

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Marine Act.

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Act.

    Agency

    Office

    Agency means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act. (Office)

    federal immovable

    immeuble fédéral

    federal immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act; (immeuble fédéral)

    federal real property

    bien réel fédéral

    federal real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act; (bien réel fédéral)

    fees

    droit

    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. (droit)

    goods

    marchandises

    goods includes personal property and movables, other than ships. (marchandises)

    Minister

    ministre

    Minister means the Minister of Transport. (ministre)

    owner

    propriétaire

    owner includes

    • (a) in the case of a ship, the agent, charterer by demise or master of the ship; and

    • (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. (propriétaire)

    person

    personne

    person includes a partnership, an association and a body corporate. (personne)

    port authority

    administration portuaire

    port authority means a port authority incorporated or continued under this Act. (administration portuaire)

    port facility

    installation portuaire

    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. (installation portuaire)

    public port

    port public

    public port means a port designated as a public port under section 65. (port public)

    public port facility

    installations portuaires publiques

    public port facility means a port facility designated as a public port facility under section 65. (installations portuaires publiques)

    Seaway

    voie maritime

    Seaway means the deep waterway between the port of Montreal and the Great Lakes that is constructed and maintained pursuant to the Agreement between Canada and the United States providing for the development of navigation and power in the Great Lakes-St. Lawrence Basin, dated March 19, 1941, including the locks, canals and facilities between the port of Montreal and Lake Erie and generally known as the St. Lawrence Seaway. (voie maritime)

    ship

    navire

    ship means every description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, whether self-propelled or not and without regard to the method of propulsion, and includes a sea-plane and a raft or boom of logs or lumber. (navire)

  • Marginal note:Same meaning

    (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act.

  • 1998, c. 10, s. 2;
  • 2001, c. 4, s. 133;
  • 2008, c. 21, s. 1.

Aboriginal Rights

Marginal note:Aboriginal rights

 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the application of section 35 of the Constitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada.

Purpose

Marginal note:Purpose of the Act

 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;

  • (b) base the marine infrastructure and services on international practices and approaches that are consistent with those of Canada’s major trading partners in order to foster harmonization of standards among jurisdictions;

  • (c) ensure that marine transportation services are organized to satisfy the needs of users and are available at a reasonable cost to the users;

  • (d) provide for a high level of safety and environmental protection;

  • (e) provide a high degree of autonomy for local or regional management of components of the system of services and facilities and be responsive to local needs and priorities;

  • (f) manage the marine infrastructure and services in a commercial manner that encourages, and takes into account, input from users and the community in which a port or harbour is located;

  • (g) provide for the disposition, by transfer or otherwise, of certain ports and port facilities; and

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

  • 1998, c. 10, s. 4;
  • 2008, c. 21, s. 3.

PART 1Canada Port Authorities

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

airport

aéroport

airport means an airport situated in a port. (aéroport)

letters patent

lettres patentes

letters patent means letters patent as amended by supplementary letters patent, if any. (lettres patentes)

port

port

port means the navigable waters under the jurisdiction of a port authority and the real property and immovables that the port authority manages, holds or occupies as set out in the letters patent. (port)

user

utilisateur

user, in respect of a port, means a person that makes commercial use of, or provides services at, the port. (utilisateur)

  • 1998, c. 10, s. 5;
  • 2001, c. 4, s. 134.

Application

Marginal note:Application of Part
  •  (1) This Part applies to every port authority set out in the schedule and to every port authority for which letters patent of incorporation are issued or that has been continued under this Part and that has not been dissolved.

  • Marginal note:Amendment of schedule

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

  • 1998, c. 10, s. 6;
  • 2008, c. 21, s. 4.
 
Date modified: