Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Examiner — auditor

• 43. (1) Subject to subsection (2), a special examination shall be carried out by the auditor of a port authority.

• Marginal note:Examiner — other qualified auditor

  (2) Where, in the opinion of the Minister, a person other than the auditor of a port authority should carry out a special examination, the Minister may, after consulting with the board of directors appoint another auditor to do it and may, after again consulting with the board, remove that auditor at any time.

Marginal note:Federal Real Property and Federal Immovables Act

• 44. (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables of a port in respect of which letters patent have been issued to the port authority, other than property the administration of which is under any other member of the Queen’s Privy Council for Canada.

• Marginal note:Management

  (2) The Minister may, by letters patent or supplementary letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by

  • (a) the Minister under subsection (1); or

  • (b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.

• Marginal note:Non-application

  (3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act does not apply to that property, other than sections 3, 5, 12 to 14 and 16 to the extent that those sections are not inconsistent with this Act.

• Marginal note:Surplus Crown Assets Act

  (4) The Surplus Crown Assets Act does not apply to a port authority.

• Marginal note:Notice to Minister

  (5) If a port authority is of the opinion that any real property or immovable is no longer required for port purposes, it shall so inform the Minister.

• Marginal note:Holding of real property and immovables

  (6) A port authority may manage, occupy or hold only the real property and immovables set out in its letters patent.

Marginal note:Powers and obligations when management given

• 45. (1) When the Minister has given the management of any federal real property or federal immovable to a port authority, the port authority

  • (a) need not pay compensation for the use of that property;

  • (b) may retain and use the revenue received in respect of that property for the purpose of operating the port;

  • (c) shall undertake and defend any legal proceedings, subject to any instructions that may be provided by the Attorney General of Canada, with respect to that property; and

  • (d) shall discharge all obligations and liabilities with respect to that property.

• Marginal note:Legal proceedings

  (2) A civil, criminal or administrative action or proceeding shall be taken by or against a port authority and not by or against the Crown with respect to

  • (a) any personal property or movable owned by that port authority;

  • (b) any federal real property or federal immovable that it manages;

  • (c) any real property or immovable that it holds; and

  • (d) any act or omission relating to any property referred to in paragraphs (a) to (c).

• Marginal note:Leases and licences

  (3) A port authority may, for the purpose of operating the port, lease or license any federal real property or federal immovable that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

• Marginal note:Powers

  (3.1) The port authority may exercise the powers under subsection (3) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

• Marginal note:Temporary use

  (3.2) A port authority may lease or license any federal real property or federal immovable it manages for temporary use under paragraph 28(2)(a).

• Marginal note:Application of provincial law

  (4) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.