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Marginal note:Harbour masters and wharfingers

• 69 (1) The Minister may appoint as a harbour master or wharfinger for all or part of a public port or public port facility any person who, in the Minister’s opinion, is qualified and assign responsibilities to that person, including the responsibility to collect fees and interest on fees.

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Marginal note:Sale of ship where no appearance and no security

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• (2) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

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  • (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

• (3) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

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  • (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

• (4) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

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  • (c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 116(4) has not been given; and

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Marginal note:Prohibition where pilotage compulsory

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• Marginal note:Pilot responsible to master

  (3) A licensed pilot or pilotage certificate holder who has the conduct of a ship is responsible to the master for the safe navigation of the ship.

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Marginal note:Liability arising when acting as agent of Crown

• 23 (1) If a port authority or a wholly-owned subsidiary of a port authority is acting as agent of Her Majesty in right of Canada, the port authority or subsidiary must fulfil or satisfy an obligation or liability in respect of the port authority or subsidiary, as the case may be, arising from its exercise of, or its failure to exercise, a power or right or arising by operation of law. Her Majesty is not responsible for fulfilment or satisfaction of the obligation or liability, except that if a judgment or decision is rendered by a court of competent jurisdiction in respect of the obligation or liability, Her Majesty is responsible for satisfying the judgment or decision to the extent that it remains unsatisfied by the port authority or subsidiary at least thirty days after the judgment or decision becomes final.

1.1 The definitions in this section apply in this Act.

person in charge

person in charge  means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable)

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