Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Transfer

• 80. (1) The Minister may direct the Authority to transfer, on the terms and conditions specified by the Minister, all or part of its property or undertakings to the Minister, any other member of the Queen’s Privy Council for Canada, any other person or any body established under an international agreement, and the Authority shall immediately comply.

• Marginal note:Transfer by Minister

  (2) Where any property or undertaking is transferred to the Minister under subsection (1), the Minister may transfer it to any other member of the Queen’s Privy Council for Canada, any other person or any body established under an international agreement.

• Marginal note:Federal Real Property and Federal Immovables Act

  (3) The Federal Real Property and Federal Immovables Act does not apply to a transfer under subsection (1) or (2) unless it is a sale of land to a person or body other than the Minister or any other member of the Queen’s Privy Council for Canada.

• Marginal note:Surplus Crown Assets Act

  (4) The Surplus Crown Assets Act does not apply to a transfer under subsection (1) or (2).

• Marginal note:Agreements

  (5) The Minister may enter into agreements in respect of all or part of the Seaway and the property or undertakings referred to in subsection (1) or (2) and those agreements may be with a not-for-profit corporation that accords a major role to Seaway users, in particular in the way in which directors of the corporation are appointed and in its operations, or, where the Minister considers it appropriate, with any other person or any body established under an international agreement.

• Marginal note:Contents of agreements

  (6) An agreement may include any terms and conditions that the Minister considers appropriate, including provisions respecting

  • (a) the transfer of all or part of the property or undertakings referred to in subsection (1) or (2);

  • (b) the management and operation of all or part of the Seaway or the property or undertakings referred to in subsection (1) or (2);

  • (c) the construction, maintenance and operation of all or part of the Seaway;

  • (d) the charging of fees;

  • (e) the performance and enforcement of obligations under the agreement;

  • (f) the transfer of officers and employees of the Authority;

  • (g) the making of financial contributions or grants or the giving of any other financial assistance;

  • (h) the imposition of additional obligations of financial management; and

  • (i) where the agreement is with a body referred to in subsection (5), the application of any of the provisions of this Part relating to an agreement with a not-for-profit corporation or other person referred to in that subsection.

• Marginal note:Existing rights

  (7) A transfer of land under paragraph (6)(a) does not affect a right or interest of any person or body of persons, including an Indian band within the meaning of the Indian Act, that existed in the land before the coming into force of this Part.

• Marginal note:Termination of agreement

  (8) The terms of an agreement with a not-for-profit corporation or other person shall include

  • (a) a clause providing for the termination of the agreement in the event of the establishment of a body under an international agreement in respect of the Seaway; and

  • (b) a clause providing for the protection of the rights of privacy of persons affected by the agreement and, in that regard, may include a clause requiring the not-for-profit corporation or other person to obligate itself to provide for privacy protection in its contracts with or in respect of affected persons, including employment contracts and collective agreements.

• Marginal note:Authority to carry out agreements

  (9) The Minister may take any measures that the Minister considers appropriate to carry out an agreement and to protect the interests or enforce the rights of Her Majesty under an agreement, including, if the agreement so provides, making advances to, and receiving advances from, the person with whom the agreement is made and determining the rates of interest that apply.

• Marginal note:Security

  (10) The Minister may

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

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

• Marginal note:Obligations

  (11) The obligations imposed in respect of a not-for-profit corporation under sections 83 to 89 apply equally to a person who has entered into an agreement under subsection 80(5) to the extent that the agreement so provides.