Port Authorities Management Regulations (SOR/99-101)

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

  •  (1) Subject to any other Act of Parliament, or any applicable Act of the legislature of a province, that provides for a longer retention period, a port authority shall maintain accounting records at its registered office or at such other place in Canada as the board of directors thinks fit for a period of six years after the end of the fiscal year to which they relate.

  • (2) In the case of a harbour commission, or a local port corporation or non-corporate port 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 accounting records includes maintaining similar records that the harbour commission, the local port corporation or the Canada Ports Corporation had in its possession before it was continued, deemed to be incorporated or incorporated.

Records — Form and Precautions

  •  (1) Any record required by the Act or these Regulations shall be prepared and maintained in a form that allows for the reproduction of any required information in intelligible written form within a reasonable time, including

    • (a) a bound or loose-leaf form;

    • (b) a photographic form;

    • (c) a system of mechanical or electronic data processing; or

    • (d) any other information storage device.

  • (2) Every port authority and every wholly-owned subsidiary of a port authority shall ensure that reasonable precautions are taken in respect of records required by the Act or these Regulations to

    • (a) prevent their loss or destruction;

    • (b) prevent the falsification of entries in them; and

    • (c) facilitate the detection and correction of inaccuracies in them.

Access to Corporate Records

  •  (1) Subject to subsection (2), any person may examine records referred to in subsection 7(1) and paragraph 7(2)(a) during the normal business hours of the port authority.

  • (2) Subject to the Privacy Act, any person may examine records referred to in paragraph 7(1)(c) during the normal business hours of the port authority.

  • (3) To the extent that examination of records is authorized under subsection (1) or (2), extracts from the records may be taken

    • (a) free of charge by the Minister and creditors of the port authority or the agents or legal representatives of the creditors; and

    • (b) on payment of a fee that is reasonable and does not exceed the fees prescribed under the Access to Information Act, by any other person.

  • (4) Records referred to in paragraph 7(2)(b) and section 8 shall at all reasonable times be open to inspection by the directors.

Notice and Service

  •  (1) A notice or document that is required to be sent to or served on a port authority may be sent by registered mail to the registered office of the port authority.

  • (2) A notice or document required by the Act, these Regulations, the letters patent or the by-laws to be sent to or served on a director of a port authority may be sent by prepaid mail addressed, or may be delivered personally, to the director at the latest address shown for the director in the records of the port authority.

  • (3) A notice or document sent by mail in accordance with this section is deemed to be received or served within the seven days after it was sent.