Canada Marine Act (S.C. 1998, c. 10)

Act current to 2013-04-29 and last amended on 2013-03-05. Previous Versions

Agreements

Marginal note:Agreements

70. The Minister may enter into agreements with any person or body in respect of the management or operation of a public port or public port facility, or a group of them.

Federal Real Property and Federal Immovables

Marginal note:Leases and licences

  • 71. (1) Despite the Federal Real Property and Federal Immovables Act, the Minister may lease any federal real property or federal immovable that forms, or formed, part of a public port or public port facility or grant a licence in respect of the property, for twenty years or for a longer period with the approval of the Governor in Council.

  • Marginal note:Application of provincial law

    (2) 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.

  • 1998, c. 10, s. 71;
  • 2001, c. 4, s. 145;
  • 2008, c. 21, s. 38(F).
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Marginal note:Agreements for disposal or transfer

  • 72. (1) The Minister may enter into agreements in respect of

    • (a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and

    • (b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.

  • Marginal note:Content of agreements

    (2) The agreements may include

    • (a) provisions for the performance and enforcement of obligations under the agreements; and

    • (b) any other terms and conditions that the Minister considers appropriate.

  • Marginal note:Security

    (3) The Minister may

    • (a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under the agreements or any security granted in substitution for them; and

    • (b) release or realize on any security referred to in paragraph (a).

  • Marginal note:Authority to carry out agreements

    (4) The Minister may take any measures that the Minister considers appropriate to carry out the agreements and to protect the interests or enforce the rights of Her Majesty under them.

  • Marginal note:Disposal and transfer

    (5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.

  • Marginal note:Application of provincial law

    (6) The disposal or transfer of federal real property and federal immovables under this section 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 transferred by a private person.

  • (7) [Repealed, 2008, c. 21, s. 39]

  • Marginal note:Minister responsible

    (8) Subject to any regulations made under section 74, the Minister continues to have the management of public ports and public port facilities that the Minister has not disposed of or transferred.

  • 1998, c. 10, s. 72;
  • 2001, c. 4, s. 146;
  • 2008, c. 21, s. 39.
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