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Canada Marine Act (S.C. 1998, c. 10)

Full Document:  

Act current to 2019-07-01 and last amended on 2018-05-23. Previous Versions

PART 1Canada Port Authorities (continued)

Undertakings Situated in a Port (continued)

Other Acts (continued)

Marginal note:Federal Courts Act

  •  (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 64.1(1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

  • Marginal note:Review or appeal in provincial courts

    (2) Unless otherwise provided by a regulation made under subsection 64.1(1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied.

  • 2014, c. 39, s. 231

Marginal note:Amounts collected

 Payments collected by a provincial official or body under a regulation made under subsection 64.1(1) are not public money for the purposes of the Financial Administration Act.

  • 2014, c. 39, s. 231

Marginal note:Service Fees Act

 For greater certainty, the Service Fees Act does not apply to any fee that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 64.1(1).

  • 2014, c. 39, s. 231
  • 2017, c. 20, s. 454

Limits on Liability, Defences and Immunities

Marginal note:Acts and omissions

 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 64.1(1),

  • (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in which the undertaking that is the subject of the regulation is situated when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law of that province; and

  • (b) a port authority and any person or body exercising the power or performing the duty or function is entitled, unless otherwise provided by the regulation, to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law of the province in which the undertaking that is the subject of the regulation is situated.

  • 2014, c. 39, s. 231

Marginal note:Right or interest in port

 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada or a port authority, in relation to an undertaking that is situated in a port, under regulations made under subsection 64.1(1), based on any right or interest held by Her Majesty or the port authority in that port.

  • 2014, c. 39, s. 231

PART 2Public Ports

Designation by Governor in Council

Marginal note:Designation by regulation

  •  (1) The Governor in Council may, by regulation,

    • (a) designate as a public port any navigable waters within the jurisdiction of Parliament and any land covered by the navigable waters, if the land is under the administration of the Minister, including any related foreshore;

    • (b) define the limits of a public port; and

    • (c) designate any port facility under the administration of the Minister as a public port facility.

  • Marginal note:Deemed public ports

    (2) Every port and port facility that on the coming into force of this section was a public harbour or public port facility to which the Public Harbours and Port Facilities Act applied is deemed to have been designated under subsection (1).

  • Marginal note:Deemed public ports

    (3) With the exception of a port for which a port authority is incorporated under Part 1, every port and facility to which the Canada Ports Corporation Act applied on the coming into force of this section is deemed to have been designated under subsection (1).

  • Marginal note:Deemed public ports

    (4) For greater certainty, the Governor in Council may make regulations under subsection (1) in respect of any public harbour or public port facility that is deemed under subsection (2) or (3) to have been designated and, in the case of a public port, define its limits.

  • Marginal note:Evidence of limits of navigable waters

    (5) The Minister may have marks or signs erected to indicate the limits of the navigable waters of a public port and every mark or sign so erected is evidence of the limits of those waters.

  • Marginal note:Repeal of designations

    (6) The Governor in Council may, by regulation, repeal the designation of a public port or public port facility made or deemed to have been made under this section.

  • Marginal note:Orders continued

    (7) A termination order made under subsection 8(2) of the Public Harbours and Port Facilities Act is deemed to be a regulation made under subsection (6) and continues in force until it is repealed under the latter subsection.

  • 1998, c. 10, s. 65
  • 2008, c. 21, s. 35

Marginal note:Federal Real Property and Federal Immovables Act

  •  (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables that form part of a public port or public port facility.

  • Marginal note:Other ports and facilities

    (2) The Minister does not have the administration of the federal real property and federal immovables that are under the administration of any other member of the Queen’s Privy Council for Canada.

  • Marginal note:Power of Minister

    (3) For greater certainty, the repeal of the designation of a public port or public port facility does not terminate the application of the Federal Real Property and Federal Immovables Act to the federal real property and federal immovables that formed part of the port or facility and that are owned by Her Majesty in right of Canada.

  • 1998, c. 10, s. 66
  • 2001, c. 4, s. 144
  • 2008, c. 21, s. 36(F)

Fees

Marginal note:Fixing of fees

  •  (1) The Minister may fix the fees to be paid in respect of

    • (a) ships, vehicles, aircraft and persons coming into or using a public port or public port facility;

    • (b) goods loaded on ships, unloaded from ships or transhipped by water within the limits of a public port or stored in, or moved across, a public port facility; and

    • (c) any service provided by the Minister, or any right or privilege conferred by the Minister, in respect of the operation of a public port or public port facility.

  • Marginal note:Interest

    (2) The Minister may fix the interest rate to be charged on overdue fees.

  • Marginal note:Application to Crown

    (3) The fees and the interest rate may be made binding on Her Majesty in right of Canada or a province.

  • Marginal note:Application to military and police ships

    (4) The fees fixed under paragraphs (1)(a) and (b) do not apply in respect of a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces, a ship of a visiting force within the meaning of the Visiting Forces Act or any other ship while it is under the command of the Royal Canadian Mounted Police.

Marginal note:Services

 The Minister may enter into agreements to provide services, rights or privileges, as the Minister considers appropriate, at a public port or public port facility and may agree by contract to accept fees other than those fixed under subsection 67(1) for those services, rights and privileges.

Harbour Masters and Wharfingers

Marginal note:Harbour masters and wharfingers

  •  (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.

  • Marginal note:Remuneration

    (2) The Minister may fix the remuneration to be paid to a harbour master or wharfinger and the amounts of the remuneration may, notwithstanding anything in the Financial Administration Act, be paid out of the fees collected in respect of public ports and public port facilities.

  • Marginal note:Transitional

    (3) An appointment as a harbour master or wharfinger made by the Minister under subsection 11(2) of the Public Harbours and Ports Facilities Act, and the remuneration determined by the Governor in Council under subsection 11(3) of that Act in respect of that appointment, continue in effect as though they had been made and fixed under this section.

  • 1998, c. 10, s. 69
  • 2008, c. 21, s. 37
 
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