Port Authorities Management Regulations (SOR/99-101)

Regulations are current to 2012-05-14 and last amended on 2007-05-17. Previous Versions

BINDING ON HER MAJESTY

 These Regulations are binding on Her Majesty in right of Canada or a province.

PART 1

GENERAL ADMINISTRATIVE MATTERS

Corporate Name

 A port authority shall set out its corporate name as set out in its letters patent, in legible characters, in all contracts, invoices, negotiable instruments and orders for goods or services issued or made by or on behalf of it.

  •  (1) Subject to subsection (2) and except in the circumstances referred to in section 4, a port authority may carry on business under or identify itself by a name other than its corporate name if that other name does not contain, except in a figurative or descriptive sense, any of the following words or expressions or the corresponding abbreviations:

    • (a) in its English version, “Limited”, “Incorporated” or “Corporation”; and

    • (b) in its French version, “Limitée”, “Incorporée” or “Société par actions de régime fédéral”.

  • (2) A port authority shall not carry on business under or identify itself by a name that is

  • (3) Subsection (1) does not apply to the extent that the use of some other name is authorized under the letters patent.

Registered Office

 If the street address of the registered office of a port authority changes, the port authority shall submit to the Minister a request for supplementary letters patent that set out the new street address.

Corporate Records

  •  (1) A port authority shall maintain, at its registered office, records that contain

    • (a) its letters patent, its by-laws and all amendments to the by-laws;

    • (b) a copy of the annual financial statements, for a period of six years after the end of the fiscal year to which they relate;

    • (c) a copy of every document received by it in the last six years notifying it of the appointment or cessation of office of a director;

    • (d) a copy of the constating instruments of each of its wholly-owned subsidiaries, as amended from time to time;

    • (e) a copy of the financial statements of each of its wholly-owned subsidiaries and of each body corporate the accounts of which are consolidated in the latest financial statements of the port authority; and

    • (f) a copy of every document that a wholly-owned subsidiary of the port authority is required to make available to the public under the laws of the jurisdiction in which the subsidiary is incorporated.

  • (2) A port authority shall prepare and maintain

    • (a) at its registered office, a record of what transpired at the last six annual meetings held under the Act; and

    • (b) at its registered office or at such other place in Canada as the board of directors thinks fit, a record of the minutes of meetings and resolutions of the board of directors and committees of directors.

  • (3) In the case of a harbour commission, or a local port corporation within the meaning assigned in section 2 of the Canada Ports Corporation Act, that is continued, deemed to be incorporated or incorporated as a port authority under the Act, the requirement to maintain records that contain minutes of meetings and resolutions of the board of directors and committees of directors includes maintaining similar records that the harbour commission or local port corporation had in its possession before it was continued, deemed to be incorporated or incorporated.