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.
Agent of Her Majesty
Marginal note:Agent of Her Majesty
7. (1) Subject to subsection (3), a port authority is an agent of Her Majesty in right of Canada only for the purposes of engaging in the port activities referred to in paragraph 28(2)(a).
Marginal note:Not an agent of Her Majesty
(2) A wholly-owned subsidiary of a port authority is not an agent of Her Majesty in right of Canada unless, subject to subsection (3),
(a) it was an agent of Her Majesty in right of Canada on June 10, 1996; and
(b) it is an agent of Her Majesty in right of Canada under an enactment other than this Act.
Marginal note:Borrowing restriction
(3) A port authority or a wholly-owned subsidiary of a port authority may not borrow money as an agent of Her Majesty in right of Canada.
Marginal note:Letters patent
8. (1) The Minister may issue letters patent — that take effect on the date stated in them — incorporating a port authority without share capital for the purpose of operating a particular port in Canada if the Minister is satisfied that the port
(a) is, and is likely to remain, financially self-sufficient;
(b) is of strategic significance to Canada’s trade;
(c) is linked to a major rail line or a major highway infrastructure; and
(d) has diversified traffic.
Marginal note:Contents of letters patent
(2) The letters patent shall set out the following:
(a) the corporate name of the port authority;
(b) the place where the registered office of the port authority is located;
(c) the navigable waters that are within the port authority’s jurisdiction;
(d) the federal real property and federal immovables under the management of the port authority;
(e) the real property and immovables, other than the federal real property and federal immovables, held or occupied by the port authority;
(f) the number of directors, between seven and eleven, to be appointed under section 14, to be chosen as follows:
(i) one individual nominated by the Minister,
(ii) one individual appointed by the municipalities mentioned in the letters patent,
(iii) one individual appointed by the province in which the port is situated, and, in the case of the port wholly or partially located in Vancouver, another individual appointed by the Provinces of Alberta, Saskatchewan and Manitoba acting together, and
(iv) the remaining individuals nominated by the Minister in consultation with the users selected by the Minister or the classes of users mentioned in the letters patent;
(g) a code of conduct governing the conduct of the directors and officers of the port authority;
(h) the charge on the gross revenues of the port authority, or the formula for calculating it, that the port authority shall pay each year to the Minister on the day fixed by the Minister to maintain its letters patent in good standing;
(i) the extent to which the port authority and a wholly-owned subsidiary of the port authority may undertake port activities referred to in paragraph 28(2)(a) and other activities referred to in paragraph 28(2)(b);
(j) the maximum term of a lease or licence of federal real property or federal immovables under the management of the port authority;
(k) the limits on the authority of the port authority to contract as agent for Her Majesty;
(l) the limits on the power of the port authority to borrow money on the credit of the port authority for port purposes or a code governing that power, as the case may be; and
(m) any other provision that the Minister considers appropriate to include in the letters patent and that is not inconsistent with this Act.
Marginal note:Status of letters patent
(3) Letters patent are not regulations within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.
Marginal note:When Ministerial approval required
(4) Any provisions of letters patent relating to the extent to which a port authority may undertake activities referred to in paragraph 28(2)(b) shall be approved by the President of the Treasury Board and the Minister of Finance before the letters patent are issued.
Marginal note:When Governor in Council approval required
(5) Any provisions of letters patent relating to limits on a port authority’s power to borrow money on its credit for port purposes shall be approved by the Governor in Council, on the recommendation of the Minister and the Minister of Finance, before the letters patent are issued.
- 1998, c. 10, s. 8;
- 2001, c. 4, s. 135;
- 2008, c. 21, s. 5;
- 2012, c. 19, s. 626.
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