Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Regulations

• 104. (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1 or 2 applies, including regulations for the safety of persons and ships in those waters.

• Marginal note:Application

  (2) Regulations made under subsection (1) may apply only to navigable waters designated by the Governor in Council.

• Marginal note:Application to Crown

  (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Marginal note:Regulations

• 105. (1) The Governor in Council may make regulations generally for carrying out the purposes of this Act.

• Marginal note:Application to Crown

  (2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Marginal note:Traffic control

106. Subject to regulations made under section 104, a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in the navigable waters designated by the Governor in Council under subsection 104(2), and sections 56 to 59 apply with such modifications as the circumstances require, except that, in making those modifications to section 58, the references in that section to a person or member of a class of persons designated under subsection 58(1) shall be taken to be references to a person or member of a class of persons designated under this section.

Marginal note:Ships and cargo

• 107. (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid.

• Marginal note:Fees for use

  (2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft.

Marginal note:Enforcement officers

• 108. (1) The Minister may designate any person or member of a class of persons as an enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated.

• Marginal note:Area of designation

  (2) A designation as an enforcement officer is in respect of any of the following areas:

  • (a) a port in respect of which letters patent have been issued to a port authority;

  • (b) a public port or public port facility;

  • (c) all or part of the Seaway; or

  • (d) all or part of the navigable waters designated under subsection 104(2).

• Marginal note:Certificate to be produced

  (3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.