Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Supplementary letters patent

• 9 (1) The Minister may, either on the Minister’s own initiative and after giving notice of the proposed changes to the board of directors, or when the board of directors has, by resolution, requested it, issue supplementary letters patent amending the letters patent of a port authority if the Minister is satisfied that the amendment is consistent with this Act, and the supplementary letters patent take effect on the date stated in them.

• Marginal note:Notice

  (2) Notice must be given in writing and set out a time limit within which the board of directors may comment to the Minister regarding the proposed changes.

Continuance of Harbour Commissions

Marginal note:Continuance of harbour commissions

• 10 (1) If the Minister is satisfied that the criteria set out in subsection 8(1) are met, the Minister may issue in respect of one or more harbour commissions established under the Harbour Commissions Act, letters patent continuing the harbour commission as a port authority that set out the information required by subsection 8(2).

• Marginal note:Effect of letters patent

  (2) On the day on which the letters patent are issued, the harbour commission becomes a port authority and the Harbour Commissions Act ceases to apply.

• Marginal note:Rights and obligations preserved — harbour commissions

  (3) The rights and obligations of a port authority that was one or more harbour commissions immediately before letters patent were issued are as follows:

  • (a) the corporate name of the port authority is substituted for that of the harbour commission in every contract, collective agreement, lease, licence, permit or other document entered into or granted by the harbour commission with regard to the port;

  • (b) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

  • (c) the real property and immovables, other than federal real property and federal immovables, that the harbour commission occupied or the title to which it held, whether or not in its own name, and that are set out in the letters patent, and any rights related to them, become the interest, property and rights of the port authority, as the case may be;

  • (d) the personal property or movable, and any rights related to it, that the harbour commission manages, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

  • (e) an existing cause of action, proceeding or claim by or against the harbour commission or a liability or other obligation of the harbour commission is unaffected except that any judgment or order is to be satisfied first by the port authority;

  • (f) a civil, criminal or administrative action or proceeding pending by or against the harbour commission may be continued only by or against the port authority; and

  • (g) subject to paragraph (e), a conviction against, or a ruling, order or judgment in favour of or against, the harbour commission may be enforced only by or against the port authority.

Marginal note:Consequences for commissioners

11 The commissioners of a harbour commission continued under subsection 10(1) cease to hold office on the day referred to in section 18 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this Part.

Initial Port Authorities

Marginal note:Continued or deemed incorporated

• 12 (1) A port authority set out in an item of Part 1 of the schedule is automatically continued or deemed to be incorporated under section 8 on the day on which that item comes into force and the Minister shall issue to it letters patent that set out the information required by subsection 8(2).

• Marginal note:Rights and obligations preserved — harbour commissions

  (2) The rights and obligations of a port authority referred to in subsection (1) that was one or more harbour commissions immediately before the coming into force of this subsection are governed by subsection 10(3).

• Marginal note:Rights and obligations preserved — local port corporations

  (3) The rights and obligations of a port authority referred to in subsection (1) that was, immediately before the coming into force of this subsection, a local port corporation established under the Canada Ports Corporation Act are as follows:

  • (a) the corporate name of the port authority is substituted for that of the local port corporation in every contract, collective agreement, lease, licence, permit or other document entered into or granted by the local port corporation, the Canada Ports Corporation or any of their predecessors in respect of the port;

  • (b) the real property and immovables, and any rights related to them, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;

  • (c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

  • (d) the personal property or movable, and any rights related to it, that the local port corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

  • (e) an existing cause of action, proceeding or claim by or against the local port corporation or liability or other obligation of the local port corporation is unaffected except that any judgment or order is to be satisfied first by the port authority;

  • (f) a civil, criminal or administrative action or proceeding pending by or against the local port corporation may be continued only by or against the port authority; and

  • (g) subject to paragraph (e), a conviction against, or a ruling, order or judgment in favour of or against, the local port corporation may be enforced only by or against the port authority.

• Marginal note:Rights and obligations preserved — non-corporate ports

  (4) The rights and obligations of a port authority referred to in subsection (1) that was, immediately before the coming into force of this subsection, a non-corporate port within the meaning of the Canada Ports Corporation Act are as follows:

  • (a) the corporate name of the port authority is substituted for that of the Canada Ports Corporation or any of its predecessors in every contract, collective agreement, lease, licence, permit or other document entered into or granted by the Canada Ports Corporation or any of its predecessors in respect of the port;

  • (b) the real property and immovables, and any rights related to them, that form part of the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, remain the property and rights of Her Majesty;

  • (c) the management of the federal real property and federal immovables set out in the letters patent, and any rights related to them, is conferred on the port authority;

  • (d) the personal property or movable, and any rights related to it, that relate to the port and that the Canada Ports Corporation administers, or the title to which it holds, on behalf of Her Majesty in right of Canada, whether or not in its own name, become the property and rights of the port authority;

  • (e) an existing cause of action, proceeding or claim by or against the Canada Ports Corporation in respect of the port or a liability or other obligation of that Corporation in respect of the port is unaffected except that any judgment or order is to be satisfied first by the port authority;

  • (f) a civil, criminal or administrative action or proceeding pending by or against the Canada Ports Corporation in respect of the port may be continued only by or against the port authority; and

  • (g) subject to paragraph (e), a conviction against, or a ruling, order or judgment in favour of or against, the Canada Ports Corporation in respect of the port may be enforced only by or against the port authority.

• Marginal note:Fixing limits of port

  (5) For the purposes of subsection (4), the Minister may fix the limits of a non-corporate port that is to be managed by a port authority and settle any question that arises in respect of the property, rights or obligations of the port authority.

Marginal note:Consequences for former directors and commissioners

• 13 (1) The directors or commissioners of the bodies that become port authorities under section 12 cease to hold office on the day referred to in section 18 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this Part.

• Marginal note:Consequences for officers

  (2) Neither the port authority nor Her Majesty in right of Canada is bound by any severance agreement entered into between a predecessor of the port authority and any of its officers after December 1, 1995.

Amalgamation of Port Authorities

Marginal note:Directors

• 13.1 (1) The Governor in Council may remove any director of an amalgamating port authority during the period that begins on the day on which the Governor in Council requires the amalgamation and ends on the day before the day on which the amalgamation takes effect.

• Marginal note:Subsection 14(2.3)

  (2) Subsection 14(2.3) does not apply to a director of an amalgamating port authority who holds office on the day on which the Governor in Council requires the amalgamation.

• Marginal note:Fees continued

  (3) A fee that is in force in respect of a port on the day on which an amalgamation takes effect continues in force for a period that ends on the earlier of the expiry of six months and the day on which it is replaced by a fee fixed under subsection 49(1).

Directors

Marginal note:Appointment of directors

• 14 (1) The directors of a port authority shall be appointed as follows:

  • (a) the Governor in Council appoints one individual nominated by the Minister;

  • (b) the municipalities mentioned in the letters patent appoint one individual;

  • (c) the province or provinces mentioned in the letters patent appoint one or two individuals as mentioned in the letters patent; and

  • (d) the Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent.

• Marginal note:Directors appointed by provinces and municipalities

  (1.1) The Governor in Council may appoint a director under paragraph (1)(b) or (c) who has been nominated by the Minister if the position has been vacant for more than one year.

• Marginal note:Tenure of office

  (2) Directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.

• Marginal note:Maximum term of office

  (2.1) A director shall serve no more than nine consecutive years on the board.

• Marginal note:Effective day of appointment

  (2.2) A director’s appointment made by a municipality or province takes effect on the day on which notice of the appointment is received by the port authority.

• Marginal note:Extension of term

  (2.3) Subject to subsection (2.1), if a successor has not been appointed at the expiry of a director’s term, the director continues to hold office until their term is renewed or their successor is appointed.

• Marginal note:Directors appointed by municipalities and provinces

  (2.4) Subject to subsection (2.1) and despite subsection (2), the term of office of a director appointed under subsection (1.1) to fill a vacant position under paragraph (1)(b) or (c) expires on the day on which a director is appointed under that paragraph.

• Marginal note:Not eligible

  (3) No person is eligible to be appointed as a director within twelve months after the expiration of their term or renewed term.

• Marginal note:Part-time

  (4) The directors are appointed to serve part-time.

• Marginal note:Remuneration

  (5) The board of directors shall fix the remuneration of the directors, the chairperson and the chief executive officer.

• Marginal note:Quorum

  (6) Subject to the letters patent, a majority of the directors in office constitutes a quorum at any meeting of directors and a quorum of directors may exercise all the powers of the directors.