Canada Marine Act (S.C. 1998, c. 10)

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Act current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

PART 2Public Ports (continued)

Agreements

Marginal note:Agreements

 The Minister may enter into agreements with any person or body in respect of the management or operation of a public port or public port facility, or a group of them.

Federal Real Property and Federal Immovables

Marginal note:Leases and licences

  •  (1) Despite the Federal Real Property and Federal Immovables Act, the Minister may lease any federal real property or federal immovable that forms, or formed, part of a public port or public port facility or grant a licence in respect of the property, for twenty years or for a longer period with the approval of the Governor in Council.

  • Marginal note:Application of provincial law

    (2) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person.

  • 1998, c. 10, s. 71
  • 2001, c. 4, s. 145
  • 2008, c. 21, s. 38(F)

Marginal note:Agreements for disposal or transfer

  •  (1) The Minister may enter into agreements in respect of

    • (a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and

    • (b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.

  • Marginal note:Content of agreements

    (2) The agreements may include

    • (a) provisions for the performance and enforcement of obligations under the agreements; and

    • (b) any other terms and conditions that the Minister considers appropriate.

  • Marginal note:Security

    (3) The Minister may

    • (a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under the agreements or any security granted in substitution for them; and

    • (b) release or realize on any security referred to in paragraph (a).

  • Marginal note:Authority to carry out agreements

    (4) The Minister may take any measures that the Minister considers appropriate to carry out the agreements and to protect the interests or enforce the rights of Her Majesty under them.

  • Marginal note:Disposal and transfer

    (5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.

  • Marginal note:Application of provincial law

    (6) The disposal or transfer of federal real property and federal immovables under this section may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be transferred by a private person.

  • (7) [Repealed, 2008, c. 21, s. 39]

  • Marginal note:Minister responsible

    (8) Subject to any regulations made under section 74, the Minister continues to have the management of public ports and public port facilities that the Minister has not disposed of or transferred.

  • 1998, c. 10, s. 72
  • 2001, c. 4, s. 146
  • 2008, c. 21, s. 39

General

Marginal note:Navigation Protection Act

 The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 74.

  • 1998, c. 10, s. 73
  • 2008, c. 21, s. 40
  • 2012, c. 31, s. 343

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for the management, control, development and use of public ports and public port facilities, including regulations respecting

    • (a) the navigation and use by ships of a public port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships;

    • (b) the use and environmental protection of public ports and public port facilities, including the regulation or prohibition of equipment, structures, works and operations;

    • (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation within the limits of a public port and provision for the recovery of the costs incurred;

    • (d) the maintenance of order and the safety of persons and property within the limits of a public port or at a public port facility;

    • (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister;

    • (e) the regulation of persons, vehicles or aircraft within the limits of a public port or at a public port facility;

    • (f) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a public port or the operation of a public port facility or to affect any of the lands adjacent to a port or facility; and

    • (g) the regulation or prohibition of the transportation, handling or storing, within the limits of a public port or at a public port facility, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property.

  • Marginal note:Application

    (2) A regulation made under subsection (1) may apply to only one public port or public port facility.

  • 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.

  • 1998, c. 10, s. 74
  • 2008, c. 21, s. 41

Marginal note:Coming into force of regulations

 Regulations made under section 12 of the Public Harbours and Port Facilities Act are deemed to have been made under this Part and continue in force until

  • (a) in the case of regulations in respect of rates, tolls, fees or other charges, they are repealed by the Minister; and

  • (b) in any other case, they are repealed by regulations made under subsection 74(1).

Traffic Control

Marginal note:Traffic control

 Subject to regulations made under subsection 74(1), 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 a public port, 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.

PART 3Seaway

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

Authority

Authority means The St. Lawrence Seaway Authority established by subsection 3(1) of the St. Lawrence Seaway Authority Act. (Administration)

not-for-profit corporation

not-for-profit corporation means a not-for-profit corporation described in subsection 80(5). (société sans but lucratif)

Objectives

Marginal note:Objectives

 The objectives of this Part are to

  • (a) promote a commercial approach to the operation of the Seaway;

  • (b) protect the integrity of the Seaway;

  • (c) protect the rights and interests of communities adjacent to the Seaway;

  • (d) protect the long-term operation and viability of the Seaway as an integral part of Canada’s national transportation infrastructure;

  • (e) promote the competitiveness of the Seaway;

  • (f) protect the significant investment that the Government of Canada has made in respect of the Seaway;

  • (g) encourage user involvement in the operation of the Seaway; and

  • (h) encourage new cooperative arrangements with the United States for the management of the transportation facilities and services in the Great Lakes-St. Lawrence region.

 
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