Canada Marine Act (S.C. 1998, c. 10)

Act current to 2014-06-12 and last amended on 2014-04-01. 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.

    “federal immovable”

    « immeuble fédéral »

    “federal immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act;

    “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;

    “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.

    “goods”

    « marchandises »

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

    “Minister”

    « ministre »

    “Minister” means the Minister of Transport.

    “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.

    “person”

    « personne »

    “person” includes a partnership, an association and a body corporate.

    “port authority”

    « administration portuaire »

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

    “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.

    “public port”

    « port public »

    “public port” means a port designated as a public port under section 65.

    “public port facility”

    « installations portuaires publiques »

    “public port facility” means a port facility designated as a public port facility under section 65.

    “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.

    “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.

  • 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.