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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)

Property (continued)

Marginal note:Acquisition of real property and immovables

  •  (1) Her Majesty in right of Canada may acquire any real property or immovable for the purpose of operating a port at the request of the port authority and the port authority may pay the price of the property in question.

  • Marginal note:Removal of management

    (2) If the management of the real property or immovable acquired under subsection (1) is removed from the port authority, Her Majesty does not become liable to the port authority for any portion of the price paid by it.

  • 2008, c. 21, s. 24

Marginal note:Disposition of federal real property and federal immovables

  •  (1) Subject to subsection 45(3), a port authority may not dispose of any federal real property or federal immovable that it manages but it may

    • (a) without the issuance of supplementary letters patent, grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access; and

    • (b) to the extent authorized in the letters patent,

      • (i) exchange that property for other real property or immovables of comparable value, if supplementary letters patent that describe the other property as federal real property or federal immovables have been issued, and

      • (ii) dispose of fixtures on federal real property and federal immovables.

  • Marginal note:Powers

    (1.1) The port authority may exercise the powers under paragraph (1)(a) or (b) to the same extent as Her Majesty could exercise those powers and may, instead of Her Majesty, execute and deliver the documents required for that purpose.

  • Marginal note:Other real property and immovables

    (2) A port authority may dispose of any real property or immovable that it holds, other than federal real property or federal immovables, if supplementary letters patent have been issued, and, without the issuance of supplementary letters patent, it may grant a road allowance, an easement, a real servitude, a right of way or a licence for utilities, services or access.

  • Marginal note:Acquisition, lease or license of real property and immovables

    (2.1) The port authority may acquire, lease as lessee or license as licensee real property or immovables other than federal real property or federal immovables, if supplementary letters patent have been issued.

  • Marginal note:Acquisition of federal real property or federal immovables

    (2.11) A port authority may acquire federal real property or federal immovables, if supplementary letters patent have been issued. For greater certainty, the federal real property or federal immovables become, on acquisition, real property or immovables other than federal real property or federal immovables.

  • Marginal note:Lease or licence — other real property and immovables

    (2.12) A port authority may, for the purpose of operating the port, lease or license any real property or immovable that it holds, other than federal real property or federal immovables, subject to the limits in the port authority’s letters patent. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

  • Marginal note:Temporary use

    (2.2) A port authority may lease or license any real property or immovable it holds, other than federal real property or federal immovables, for temporary use under paragraph 28(2)(b).

  • Marginal note:Application of provincial law

    (3) A grant may be effected by any instrument by which an interest in real property or a right in an immovable may be granted by a private person under the laws in force in the province in which the federal real property or federal immovable is situated.

  • 1998, c. 10, s. 46
  • 2001, c. 4, s. 141
  • 2008, c. 21, s. 25
  • 2014, c. 39, s. 228

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 62.

  • 1998, c. 10, s. 47
  • 2008, c. 21, s. 26
  • 2012, c. 31, s. 342

Marginal note:Land-use plan

  •  (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land-use plan that contains objectives and policies for the physical development of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by-laws that apply to neighbouring lands.

  • Marginal note:Contents of plan

    (2) The land-use plan may

    • (a) prohibit the use of some or all of the real property and immovables for, or except for, certain purposes;

    • (b) prohibit the erecting of structures or works or certain types of structures or works; and

    • (c) subject to any regulations made under section 62 or subsection 64.1(1), regulate the type of structures or works that may be erected.

  • Marginal note:Existing structures

    (3) A land-use plan shall not have the effect of preventing

    • (a) the use of any real property or immovable existing on the day on which the land-use plan comes into force for the purpose for which it was used on that day, so long as it continues to be used for that purpose; or

    • (b) the erecting or alteration of a structure or work that was authorized before the day on which the land-use plan comes into force if the erecting or alteration is carried out in accordance with the authorization.

  • Marginal note:Publication of notice

    (4) A port authority shall, at least sixty days before the coming into force of a land-use plan, have notice of the plan published in a major newspaper published or distributed in the place where the port is situated.

  • Marginal note:Content of notice

    (5) The notice shall include information as to where a copy of the plan, including any related documents necessary to understand it, may be obtained and an invitation to any interested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place.

  • Marginal note:Adoption of plan

    (6) After the port authority considers any representations made by interested persons with respect to a proposed plan, it may adopt the plan.

  • Marginal note:Notice of adopted plan

    (7) The port authority shall have notice of each land-use plan that it adopts, together with notice of the place at which a copy of the plan may be obtained, published in a major newspaper published or distributed in the place where the port is situated.

  • Marginal note:Exception

    (8) A port authority need not comply with subsections (4) to (7) in respect of a proposed land-use plan that

    • (a) has previously been published pursuant to subsection (4), whether or not it has been changed as a result of representations made pursuant to subsection (5); or

    • (b) makes no substantive change to an existing plan.

  • Marginal note:Statutory Instruments Act

    (9) Land-use plans are not regulations within the meaning of the Statutory Instruments Act.

  • 1998, c. 10, s. 48
  • 2001, c. 4, s. 142
  • 2014, c. 39, s. 229

Fees

Marginal note:Fixing of fees

  •  (1) A port authority may fix fees to be paid in respect of

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

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

    • (c) any service provided by the port authority, or any right or privilege conferred by it, in respect of the port.

  • Marginal note:Interest

    (2) A port authority may fix the interest rate that it charges on overdue fees.

  • Marginal note:Self-sustaining financing

    (3) The fees fixed by a port authority shall be at a level that permits it to operate on a self-sustaining financial basis and shall be fair and reasonable.

  • Marginal note:Application to Crown

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

  • Marginal note:Application to military and police ships

    (5) 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:Fees continued

    (6) A fee that is in force in respect of a port on the coming into force of this section continues in force for a period ending on the earlier of the expiration of six months and the date on which it is replaced by a fee fixed under subsection (1).

 
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