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:
Marginal note:Short title
Agency means the Canadian Transportation Agency continued by subsection 7(1) of the Canada Transportation Act. (Office)
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 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 includes personal property and movables, other than ships. (marchandises)
Minister means the Minister of Transport. (ministre)
person includes a partnership, an association and a body corporate. (personne)
port authority means a port authority incorporated or continued under this Act. (administration 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 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 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 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
- 1998, c. 10, s. 2;
- 2001, c. 4, s. 133;
- 2008, c. 21, s. 1.
Marginal note:Aboriginal rights
3 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.
Marginal note:Purpose of the Act
4 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
5 The definitions in this section apply in this Part.
airport means an airport situated in a port. (aéroport)
letters patent means letters patent as amended by supplementary letters patent, if any. (lettres patentes)
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, 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.
Marginal note:Application of Part
6 (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: