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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)

Fees (continued)

Marginal note:Discrimination among users

  •  (1) A port authority shall not unjustly discriminate among users or classes of users of the port, 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.

  • 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 for a port authority 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 new or revised fees

  •  (1) Where a port authority proposes to fix a new fee or revise an existing fee for wharfage, berthage or harbour dues, it shall give notice of the proposal in accordance with this section and no fee shall come into force before the expiration of sixty days after the last of the notices is given.

  • Marginal note:Contents of notice

    (2) The notice shall

    • (a) set out the particulars of the proposal;

    • (b) specify that a document containing more details about the proposal may be obtained from the port authority on request; and

    • (c) specify that persons interested in making representations in writing to the port authority about the proposal may do so by writing to the address set out in the notice.

  • Marginal note:How notice is to be given

    (3) The port authority shall

    • (a) have the notice published in a major newspaper published or distributed in the place where the port is situated;

    • (b) send, by mail or by electronic means, a copy of the notice to

      • (i) organizations whose members will, in the opinion of the port authority, be affected by the new or revised fee, and

      • (ii) every user and other person who has, at least ten days before, notified the port authority of a desire to receive notices or announcements under this Part; and

    • (c) post an electronic version of the notice in a location that is generally accessible to persons who have access to what is commonly referred to as the Internet.

  • Marginal note:Exception

    (4) The notice required by this section does not apply to any fees accepted in a contract under section 53.

  • 1998, c. 10, s. 51
  • 2008, c. 21, s. 27(F)

Marginal note:Complaints

  •  (1) Any interested person may at any time file a complaint with the Agency that there is unjust discrimination in a fee fixed under subsection 49(1), and the Agency shall consider the complaint without delay and report its findings to the port authority, and the port authority shall govern itself accordingly.

  • Marginal note:Governor in Council may vary or rescind

    (2) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, to every report of the Agency made under subsection (1) as if the report were a decision made pursuant to that Act.

  • 1998, c. 10, s. 52
  • 2008, c. 21, s. 28(F)

Marginal note:Fees by contract

 A port authority may enter into an agreement, that the parties may agree to keep confidential, fixing an amount to be paid to the port authority in respect of the persons and things set out in paragraphs 49(1)(a) to (c) that is different from the fees fixed under those paragraphs.

  • 1998, c. 10, s. 53
  • 2008, c. 21, s. 29

Official Languages

Marginal note:Official Languages Act

 The Official Languages Act applies to a port authority as a federal institution within the meaning of that Act.

Liquidation and Dissolution

Marginal note:Liquidation and dissolution

  •  (1) The Governor in Council may, by issuing a certificate of intent to dissolve, require a port authority to liquidate its assets in accordance with the certificate or the regulations made under paragraph 27(1)(a) and may by a subsequent certificate of dissolution dissolve the port authority, and the letters patent are deemed to be revoked. The net proceeds of liquidation are to be paid on dissolution to Her Majesty in right of Canada.

  • Marginal note:Dissolution where no liquidation

    (2) The Governor in Council may, by issuing a certificate of dissolution, dissolve a port authority without requiring the liquidation of its assets, in which case the obligations and assets of the port authority revert on dissolution to Her Majesty in right of Canada under the administration of the Minister.

  • Marginal note:Publication in Canada Gazette

    (3) A certificate of dissolution issued under this section becomes effective thirty days after the date it is published in the Canada Gazette.

  • Marginal note:Revocation

    (4) The Governor in Council may revoke a certificate of intent to dissolve at any time before the issuance of a certificate of dissolution by the issuance of a certificate of revocation of intent to dissolve.

  • Marginal note:Effect of certificate

    (5) The revocation is effective on the date set out in the certificate of revocation and the port authority may then continue to carry on its activities.

Port Traffic Control

Marginal note:Traffic control zones

  •  (1) Subject to any regulations made under section 62, a port authority may, for the purpose of promoting safe and efficient navigation or environmental protection in the waters of the port, with respect to ships or classes of ships,

    • (a) monitor ships about to enter or within the waters of the port;

    • (b) establish the practices and procedures to be followed by ships;

    • (c) require ships to have the capacity to use specified radio frequencies; and

    • (d) establish traffic control zones for the purposes of paragraphs (a) to (c).

  • Marginal note:Clearance of ships to enter waters of a port

    (2) Subject to any regulations made under section 62, a port authority may

    • (a) require information to be given, for the purpose of obtaining a traffic clearance, by ships or classes of ships about to enter the port or within the port;

    • (b) impose the conditions under which a traffic clearance is to be granted; and

    • (c) require information to be given by ships after they have obtained a traffic clearance.

  • Marginal note:Consistency

    (3) Subject to any regulations made under section 62, practices and procedures established by a port authority under subsection (1) shall not be inconsistent with national standards and practices for marine vessel traffic services, in particular those established under the Canada Shipping Act, 2001.

  • 1998, c. 10, s. 56
  • 2001, c. 26, s. 276
  • 2008, c. 21, s. 30(F)

Marginal note:Notice

  •  (1) A port authority shall take reasonable steps to bring notice of each practice and procedure proposed under paragraph 56(1)(b) to the attention of persons likely to be affected by it at least thirty days before the proposed effective date of the measure, and a reasonable opportunity within those thirty days shall be given to ship owners, masters, persons in charge of ships and other interested persons to make representations to the port authority with respect to it.

  • Marginal note:Content of notice

    (2) The notice shall include information as to where a copy of the proposed measure, 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 it within those thirty days.

  • Marginal note:Adoption of measures

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

  • Marginal note:Notice of adopted measure

    (4) The port authority shall take reasonable steps to bring notice of each measure that it adopts, together with notice of the place at which a copy of the measure may be obtained, to the attention of persons likely to be affected by it.

  • Marginal note:Exception

    (5) Subsection (1) does not apply to a measure

    • (a) notice of which has been given pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or

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

  • Marginal note:Emergency situations

    (6) Subsection (1) does not apply where the port authority is satisfied that an urgent situation exists, but the port authority shall take reasonable steps to bring notice of the measure to the attention of any person likely to be affected by it as soon as possible after it comes into force.

 
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