Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canada Marine Act (S.C. 1998, c. 10)

Full Document:  

Act current to 2022-06-20 and last amended on 2020-09-10. Previous Versions

PART 3Seaway (continued)

Property (continued)

Marginal note:Powers re property of Her Majesty

  •  (1) Where an agreement entered into under subsection 80(5) so provides, the person who has entered into the agreement

    • (a) need not pay compensation in respect of the use of the property that is owned by Her Majesty and managed by the person;

    • (b) may, notwithstanding the Financial Administration Act, retain and use the revenue received in respect of the property for the purpose of operating the Seaway;

    • (c) may lease the property under the person’s management and grant licences in respect of it;

    • (d) shall undertake and defend any legal proceedings with respect to the management of the property; and

    • (e) shall discharge all obligations with respect to the management of the property.

  • Marginal note:Legal proceedings

    (2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a person who has entered into an agreement under subsection 80(5) manages, or any property that the person holds, or with respect to any act or omission occurring on the property, shall be taken by or against the person and not the Crown.

  • Marginal note:Federal Real Property and Federal Immovables Act does not apply

    (3) The Federal Real Property and Federal Immovables Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).

  • Marginal note:Application of provincial law

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

  • Marginal note:No pledge of property

    (5) A person who has entered into an agreement under subsection 80(5) may not mortgage, hypothecate, pledge or otherwise create a security interest in the property the person manages under that agreement in any way other than, where the agreement so provides, to pledge its revenues for the term of the agreement.

  • 1998, c. 10, s. 91
  • 2001, c. 4, s. 149
  • 2008, c. 21, s. 44(F)

Fees

Marginal note:Fees

  •  (1) Where an agreement under subsection 80(5) so provides and subject to subsection (2), the person who has entered into the agreement may fix fees that

    • (a) are for the use of any property under the person’s management, any service that the person provides or any right or privilege that the person confers; and

    • (b) take into account the obligations of the person under the agreement and the aim to provide a revenue sufficient to cover the costs of the management, maintenance and operation of the property and the maintenance of a capital and operating reserve fund.

  • Marginal note:Fees by international agreement

    (2) Where an agreement in respect of fees is entered into by Canada and the United States and is in force, the person who has entered into an agreement under subsection 80(5) shall charge the fees fixed under the international agreement in accordance with the directions of the Governor in Council.

  • Marginal note:Coming into force of fees

    (3) The tariffs of tolls established by the Authority under section 16 of the St. Lawrence Seaway Authority Act continue in force until they are repealed by the person who has entered into an agreement under subsection 80(5) and no fee fixed by the person under subsection (1) shall come into force until that repeal.

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:Canadian Navigable Waters Act

 The Canadian Navigable Waters 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.

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

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1 or 2 applies, including regulations for the safety of persons and ships in those waters.

  • Marginal note:Application

    (2) Regulations made under subsection (1) may apply only to navigable waters designated by the Governor in Council.

  • 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.

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations generally for carrying out the purposes of this Act.

  • 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.

Traffic Control

Marginal note:Traffic control

 Subject to regulations made under section 104, 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 the navigable waters designated by the Governor in Council under subsection 104(2), 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.

Liability for Fees

Marginal note:Ships and cargo

  •  (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid.

  • Marginal note:Fees for use

    (2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft.

  • 1998, c. 10, s. 107
  • 2008, c. 21, s. 48(F)

Enforcement

Designation

Marginal note:Enforcement officers

  •  (1) The Minister may designate any person or member of a class of persons as an enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated.

  • Marginal note:Area of designation

    (2) A designation as an enforcement officer is in respect of any of the following areas:

    • (a) a port in respect of which letters patent have been issued to a port authority;

    • (b) a public port or public port facility;

    • (c) all or part of the Seaway; or

    • (d) all or part of the navigable waters designated under subsection 104(2).

  • Marginal note:Certificate to be produced

    (3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.

 
Date modified: