34 (1) An Authority shall publish in the Canada Gazette a copy of each tariff of pilotage charges that it proposes to prescribe pursuant to section 33, and no tariff shall come into force before the expiration of thirty days after that publication.
Marginal note:Notice of objection to Canadian Transportation Agency
(2) Any interested person who has reason to believe that any charge in a proposed tariff of pilotage charges is prejudicial to the public interest, including, without limiting the generality thereof, the public interest that is consistent with the national transportation policy set out in section 5 of the Canada Transportation Act, may file a notice of objection setting out the grounds therefor with the Canadian Transportation Agency within thirty days after publication of the proposed tariff in the Canada Gazette.
Marginal note:Copies to be filed
(3) On the filing of a notice of objection with the Canadian Transportation Agency, a copy thereof shall be filed with the Authority and the Minister forthwith.
Marginal note:Investigation by Canadian Transportation Agency
(4) Where a notice of objection is filed pursuant to subsection (2), the Canadian Transportation Agency shall make such investigation of the proposed charge set out in the notice of objection, including the holding of public hearings, as in its opinion is necessary or desirable in the public interest.
- R.S., 1985, c. P-14, s. 34
- R.S., 1985, c. 28 (3rd Supp.), ss. 307, 359
- 1996, c. 10, s. 251
- 1998, c. 10, s. 150
Marginal note:Recommendation of Agency
35 (1) The Canadian Transportation Agency shall, after making the investigation, including the holding of public hearings, if any, and before the expiration of the period mentioned in subsection (2) or prescribed under subsection (3), make a recommendation to the Authority and the Authority shall govern itself accordingly.
Marginal note:Time for making decisions
(2) The Agency shall make its recommendation in respect of a proposed charge set out in a notice of objection filed under subsection 34(2) as expeditiously as possible, but no later than one hundred and twenty days after receiving the objection, unless a regulation made under subsection (3) provides otherwise or the parties agree to an extension.
Marginal note:Period for specified classes
(3) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its recommendation in respect of proposed charges set out in notices of objection.
Marginal note:Obligation to reimburse
(4) Where the Agency recommends a charge that is lower than that prescribed by the Authority, the Authority shall reimburse to any person who has paid the prescribed charge the difference between it and the recommended charge, with interest at the rate quoted by banks to the most credit-worthy borrowers for prime business loans, as determined by the Bank of Canada for the day on which the Agency recommends the lower charge.
Marginal note:Subsection 34(1) does not apply
(5) The publication requirements of subsection 34(1) do not apply in respect of pilotage charges fixed pursuant to a recommendation of the Agency.
Marginal note:Copy submitted to Minister
(6) The Agency shall submit a copy of its recommendation to the Minister immediately after it is made.
Marginal note:Governor in Council may vary or rescind
(7) Section 40 of the Canada Transportation Act applies, with such modifications as the circumstances require, in respect of every recommendation of the Agency under subsection (1) as if the recommendation were a decision made pursuant to that Act.
- R.S., 1985, c. P-14, s. 35
- R.S., 1985, c. 28 (3rd Supp.), s. 359
- 1996, c. 10, s. 252
- 1998, c. 10, s. 151
Marginal note:No appropriation
36.01 No payment to an Authority may be made under an appropriation by Parliament to enable the Authority to discharge an obligation or liability. This section applies notwithstanding any authority given under any other Act, other than an authority given under the Emergencies Act or any other Act in respect of emergencies.
- 1998, c. 10, s. 152
36 An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council.
- R.S., 1985, c. P-14, s. 36
- 1998, c. 10, s. 153
Marginal note:Power to invest
37 An Authority may, with the approval of the Minister of Finance, invest any moneys not immediately required for the purposes of the Authority in any class of financial asset.
- R.S., 1985, c. P-14, s. 37
- 2019, c. 29, s. 240
Marginal note:Payment to Minister
37.1 For the purpose of defraying the costs of the administration of this Act, including the development of regulations, and the enforcement of this Act, an Authority shall, on request, pay to the Minister an amount specified by the Minister in a time and manner specified by the Minister.
- 2019, c. 29, s. 240
38 The Auditor General of Canada is the auditor of each Authority.
- 1970-71-72, c. 52, s. 27
- 1976-77, c. 34, s. 26(F)
- 1984, c. 31, s. 14
Marginal note:Her Majesty or Authority not liable
39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder.
- R.S., 1985, c. P-14, s. 39
- 2019, c. 29, s. 243(E)
Marginal note:Limitation of liability
(2) Where a body corporate contracts with an Authority pursuant to subsection 15(2) for the services of a licensed pilot, the body corporate is not liable in damages in excess of the amount of one thousand dollars for any damage or loss occasioned by the fault, neglect or want of skill of the pilot.
- R.S., 1985, c. P-14, s. 40
- 2019, c. 29, s. 244
Marginal note:Liability of owner
41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that
(a) the ship was under the conduct of a licensed pilot; or
(b) the damage or loss was occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot.
- R.S., 1985, c. P-14, s. 41
- 2001, c. 26, s. 318
- 2019, c. 29, s. 245
Marginal note:Liability for pilotage charges
42 The owner, master and agent of a ship are jointly and severally liable to pay any pilotage charges.
- 1970-71-72, c. 52, s. 32
Marginal note:Pilotage charges payable for leading
43 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship.
- R.S., 1985, c. P-14, s. 43
- 2019, c. 29, s. 246(E)
Marginal note:Pilotage charge in case of proceeding without a pilot
44 Except where an Authority waives compulsory pilotage, a ship subject to compulsory pilotage that proceeds through a compulsory pilotage area not under the conduct of a licensed pilot or the holder of a pilotage certificate is liable, to the Authority in respect of which the region including that area is set out in the schedule, for all pilotage charges as if the ship had been under the conduct of a licensed pilot.
- 1970-71-72, c. 52, s. 34
Marginal note:No clearance if pilotage charges unpaid
45 No customs officer at any port in Canada shall grant a clearance to a ship if the officer is informed by an Authority that pilotage charges in respect of the ship are outstanding and unpaid.
- R.S., 1985, c. P-14, s. 45
- R.S., 1985, c. 1 (2nd Supp.), s. 213(F)
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