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Canada Marine Act (S.C. 1998, c. 10)

Full Document:  

Act current to 2021-11-17 and last amended on 2020-09-10. Previous Versions

PART 4Regulations and Enforcement (continued)

Administrative Monetary Penalties (continued)

Marginal note:Failure to pay penalty or request review

 A person or ship that neither pays the penalty nor files a request for a review in accordance with the particulars set out in the notice of violation is deemed to have committed the violation.

  • 2008, c. 21, s. 57

Marginal note:Determination by Appeal Tribunal member

  •  (1) At the conclusion of a review under section 129.08, the member of the Appeal Tribunal who conducts the review shall without delay inform the person or ship and the Minister of the member’s determination on the review.

  • Marginal note:No violation

    (2) If the member determines that the person or ship has not committed the alleged violation, then, subject to section 129.11, no further proceedings may be taken against the person or ship in respect of the alleged violation.

  • Marginal note:Violation

    (3) If the member determines that the person or ship has committed the alleged violation, then the member shall also inform the person or ship and the Minister of the administrative monetary penalty determined by the member to be payable in respect of the violation.

  • 2008, c. 21, s. 57

Marginal note:Right of appeal

  •  (1) The Minister or a person or ship affected by a determination made under section 129.1 may, within 30 days after the determination, appeal it to the Appeal Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Appeal Tribunal that is assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against.

  • Marginal note:Obligation to inform

    (4) If the appeal panel finds that a person or ship has committed the alleged violation, the panel shall without delay inform the person or ship of the finding and of the administrative monetary penalty determined by the panel to be payable in respect of the violation.

  • 2008, c. 21, s. 57

Marginal note:Debts due to Her Majesty

 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

  • (a) unless a review of the facts of the alleged violation or the amount of the penalty is requested in accordance with the particulars set out in the notice of violation, the amount of a penalty set out in the notice, beginning on the day on which the notice was served;

  • (b) the amount of a penalty determined by a member of the Appeal Tribunal under section 129.1 or decided by the appeal panel of the Appeal Tribunal under section 129.11, beginning on the day on which the respective determination or decision was made; and

  • (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b).

  • 2008, c. 21, s. 57

Marginal note:Certificate

  •  (1) All or part of a debt referred to in section 129.12 in respect of which there is a default of payment may be certified by the Appeal Tribunal at the request of the Minister.

  • Marginal note:Judgments

    (2) On production in any superior court, a certificate made under subsection (1) is to be registered in that court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.

  • 2008, c. 21, s. 57

Marginal note:Directors and officers of corporations

 If a corporation commits a violation, every person who at the time of the commission of the violation was a director or officer of the corporation is a party to and liable for the violation unless the act or omission constituting the violation took place without the person’s knowledge or consent or the person exercised due diligence to prevent the commission of the violation.

  • 2008, c. 21, s. 57

Marginal note:Vicarious liability — acts of employees, agents and mandataries

 A person or ship is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against, unless the person or ship establishes that the violation was committed without the person’s or ship’s knowledge or consent.

  • 2008, c. 21, s. 57

Marginal note:Violations not offences

 For greater certainty, a violation is not an offence. Accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • 2008, c. 21, s. 57

Marginal note:Due diligence available

 Due diligence is a defence in a proceeding in respect of a violation.

  • 2008, c. 21, s. 57

General Provisions

Marginal note:How act or omission may be proceeded with

 If an act or an omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

  • 2008, c. 21, s. 57

Marginal note:Time limit

  •  (1) No proceedings in respect of a violation or a prosecution for an offence may be commenced later than one year after the subject-matter of the proceedings became known to the Minister.

  • Marginal note:Certification by Minister

    (2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof that the Minister became aware of the subject-matter on that day.

  • 2008, c. 21, s. 57

PART 5Human Resources

Seaway

Marginal note:Successor rights

 On the coming into force of an agreement entered into under subsection 80(5), sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and

  • (b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.

Marginal note:Designation of employees

 The Minister may designate any employee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 80(5) as a designated employee for that property or undertaking.

Local Port Corporations

Marginal note:Successor rights

 On the continuance of a local port corporation under section 12 as a port authority, sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the local port corporation and the port authority; and

  • (b) the employees of the local port corporation were employees of the business.

Harbour Commissions

Marginal note:Successor rights

 Where, under section 10, letters patent are issued to a harbour commission continuing it as a port authority, sections 44 to 46 of the Canada Labour Code apply as if

  • (a) a sale of a business had taken place between the harbour commission and the port authority; and

  • (b) the employees of the harbour commission were employees of the business.

  • 1998, c. 10, s. 133
  • 2008, c. 21, s. 58

Non-corporate Ports of Canada Ports Corporation

Marginal note:Designation by Minister

 For the purposes of sections 135 to 137, the Minister may designate any employee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act, as a designated employee for that port.

Marginal note:Successor rights

  •  (1) Where, under section 12, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if

    • (a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and

    • (b) the employees designated under section 134 for that non-corporate port were employees of the business.

  • Marginal note:Successor rights

    (2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 134 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 12, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty.

  • Marginal note:Deemed continuous

    (3) The employment of the designated employees is deemed to be continuous.

Marginal note:Minister’s powers

  •  (1) The Minister may, on behalf of Her Majesty, appoint any employees that the Minister considers appropriate for the operation of a non-corporate port, other than a non-corporate port continued as a port authority under section 12, and may, subject to any collective agreement in force, determine the terms and conditions of employment and remuneration, assign duties and functions and terminate employment in respect of those employees and of the employees whose employment is continued under subsection 135(2).

  • Marginal note:Government Employees Compensation Act

    (2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees in the federal public administration.

  • 1998, c. 10, s. 136
  • 2003, c. 22, s. 114

Marginal note:Delegation

 The Minister may delegate the powers and responsibilities of Her Majesty as employer under Part I of the Canada Labour Code to any person the Minister considers appropriate.

Marginal note:Federal Public Sector Labour Relations Act

 For greater certainty, the Federal Public Sector Labour Relations Act does not apply to designated employees of a non-corporate port that is continued as a port authority under section 12, or to employees appointed under subsection 136(1), after the date of the repeal of the Canada Ports Corporation Act.

  • 1998, c. 10, s. 138
  • 2003, c. 22, s. 223(E)
  • 2017, c. 9, s. 55

Comparable Employee Benefits

Marginal note:Public Service Superannuation Act

 For the purposes of section 40.1 of the Public Service Superannuation Act, the continuance or incorporation of a local port corporation or a non-corporate port as a port authority under section 12 is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.

Marginal note:Pension transfer agreement

 A person who has entered into an agreement under subsection 80(5) and every port authority shall take all reasonable steps to negotiate with the President of the Treasury Board a pension transfer agreement in accordance with section 40.2 of the Public Service Superannuation Act in respect of employees referred to in paragraph 130(b), 132(b) or 135(1)(b), as the case may be.

Marginal note:Employee benefits

 For the purposes of sections 138.4 to 138.6, “employee benefits” includes coverage and benefits in respect of employer-sponsored pension plans and of life, income protection, health care and dental care insurance plans.

Marginal note:Seaway

 A person who has entered into an agreement under subsection 80(5) shall, in respect of an employee referred to in paragraph 130(b), provide employee benefits that

  • (a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

  • (b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and

  • (c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.

Marginal note:Local port corporations

 A port authority shall, in respect of an employee referred to in paragraph 132(b), provide employee benefits that

  • (a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

  • (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and

  • (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

Marginal note:Non-corporate ports

 A port authority shall, in respect of an employee referred to in paragraph 135(1)(b), provide employee benefits that

  • (a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

  • (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and

  • (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

 
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