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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 3Seaway (continued)

Fees (continued)

Marginal note:Discrimination among users

  •  (1) A person who has entered into an agreement under subsection 80(5) shall not unjustly discriminate among users or classes of users of the Seaway, give an undue or unreasonable preference to any user or class of user or subject any user or class of user to an undue or unreasonable disadvantage with respect to the Seaway.

  • Marginal note:Exception re commercially acceptable discrimination

    (2) It is not unjust discrimination and it is not an undue nor an unreasonable preference or disadvantage to differentiate among users or classes of users on the basis of the volume or value of goods shipped or on any other basis that is generally commercially accepted.

Marginal note:Notice of fees

  •  (1) A notice setting out the fees fixed under subsection 92(1) shall be filed with the Agency and the fees may be charged from the date of filing.

  • Marginal note:Complaints

    (2) Any interested person may at any time file a complaint with the Agency that there is unjust discrimination in a fee referred to in subsection (1), and the Agency shall consider the complaint without delay and report its findings to the Minister or to the person who fixed the fee, as the case may be, and they shall govern themselves accordingly.

  • Marginal note:Governor in Council may vary or rescind

    (3) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (2) as if the report were a decision made pursuant to that Act.

  • 1998, c. 10, s. 94
  • 2008, c. 21, s. 45(F)

Official Languages Act

Marginal note:Official Languages Act

 The Official Languages Act applies, in respect of the management of properties and undertakings that are the subject of an agreement entered into under subsection 80(5), to the person who has entered into the agreement as if the person were a federal institution within the meaning of that Act.

Dissolution

Marginal note:Dissolution of Authority

  •  (1) The Authority is dissolved on the date fixed by the Governor in Council and all its assets and obligations devolve to Her Majesty in right of Canada under the administration of the Minister.

  • Marginal note:Shares of subsidiary companies

    (2) On the dissolution of the Authority,

    • (a) all the shares of its subsidiaries are transferred to, and held by, the Minister on behalf of Her Majesty in right of Canada;

    • (b) the subsidiaries shall take all necessary steps to ensure that their shareholder records are brought up to date in regard to the transfer; and

    • (c) the Minister becomes the appropriate minister for the purposes of the Financial Administration Act.

  • Marginal note:Consequences for former directors

    (3) The directors of the Authority and of its subsidiaries, other than the Great Lakes Pilotage Authority, Ltd., cease to hold office on the date fixed under subsection (1).

  • Marginal note:Consequences for officers

    (4) Neither the Minister nor a person who has entered into an agreement under subsection 80(5) is bound by any severance agreement entered into between the Authority or any of its subsidiaries and any of their officers after December 1, 1995.

Marginal note:Location of Authority

  •  (1) Until the dissolution of the Authority by virtue of section 96, the Corporate Services of the Authority shall be located in Cornwall, Ontario.

  • Marginal note:Location of head office

    (2) A not-for-profit corporation shall maintain its head office, including Corporate Services in respect of its Seaway operations, at Cornwall, Ontario.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for the management, control, development and use of the Seaway and property and undertakings in connection with the Seaway, including regulations respecting

    • (a) the navigation and use by ships of the navigable waters of the Seaway, 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 the Seaway or any land used in connection with the Seaway, 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 in the Seaway and the provision for the recovery of the costs incurred;

    • (d) the maintenance of order and the safety of persons and property in the Seaway or on any land used in connection with the Seaway;

    • (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister or to any person who has entered into an agreement under subsection 80(5);

    • (e) the regulation of persons, vehicles or aircraft in the Seaway or on any land used in connection with the Seaway;

    • (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 or operation of the Seaway or to affect any of the lands adjacent to the Seaway; and

    • (g) the regulation or prohibition of the transportation, handling or storing in the Seaway, or on any land used in connection with the Seaway, 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 to Crown

    (2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

  • Marginal note:Deeming provision

    (3) Regulations made by the Authority under section 20 of the St. Lawrence Seaway Authority Act are, to the extent that they are compatible with this Act, deemed to have been made by the Governor in Council under this section.

  • 1998, c. 10, s. 98
  • 2001, c. 4, s. 150(F)
  • 2008, c. 21, s. 46

Traffic Control

Marginal note:Traffic control

 Subject to regulations made under section 98, a person or a member of a class of persons designated by the Minister or, where an agreement under subsection 80(5) so provides, by the person who has entered into the agreement, may take the measures necessary for the control of traffic in the Seaway, 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.

General

Marginal note:Powers of United States authority

 The appropriate authority in the United States in respect of the Seaway has the powers necessary to enable it to act, in Canada, jointly or in conjunction with the Minister or with any person who has entered into an agreement under subsection 80(5).

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 98.

  • 1998, c. 10, s. 101
  • 2008, c. 21, s. 47
  • 2012, c. 31, s. 344

Marginal note:International Boundary Waters Treaty Act

 Nothing in this Part affects the operation of the International Boundary Waters Treaty Act.

PART 4Regulations and Enforcement

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

court

court means

  • (a) the Ontario Court (General Division);

  • (b) the Superior Court of Quebec;

  • (c) the Trial Division of the Supreme Court of Newfoundland and Labrador;

  • (d) the Court of Queen’s Bench for New Brunswick, Manitoba, Saskatchewan and Alberta;

  • (e) the Supreme Court of Nova Scotia, British Columbia and Prince Edward Island;

  • (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; and

  • (g) the Federal Court. (tribunal)

court of appeal

court of appeal means, in the province in which an order referred to in subsection 119(3) is made, the court of appeal for that province as defined in section 2 of the Criminal Code. It includes the Federal Court of Appeal. (tribunal d’appel)

  • 1998, c. 10, s. 103
  • 1999, c. 3, s. 18
  • 2002, c. 7, s. 105(E), c. 8, s. 183
  • 2015, c. 3, s. 17
 
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