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.

Marginal note:Definitions

5. The definitions in this section apply in this Part.

“airport”

« aéroport »

“airport” means an airport situated in a port.

“letters patent”

« lettres patentes »

“letters patent” means letters patent as amended by supplementary letters patent, if any.

“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.

“user”

« utilisateur »

“user”, in respect of a port, means a person that makes commercial use of, or provides services at, the port.