Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Report

• 42 (1) The examiner shall, on completion of the special examination, submit a report and a summary report of the findings to the Minister and to the board of directors.

• Marginal note:Contents

  (2) The examiner’s report shall include

  • (a) a statement as to whether in the examiner’s opinion, with respect to the criteria established under subsection 41(3), there is reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

  • (b) a statement of the extent to which the examiner relied on internal audits.

• Marginal note:Notice of report

  (3) A port authority shall, as soon as is practicable after it receives the summary report, have notice of the summary report published in a major newspaper published or distributed in the place where the port is situated.

• Marginal note:Report available to public

  (4) A port authority shall make the summary report available for inspection by the public at its registered office during normal business hours.

Marginal note:Examiner — auditor

• 43 (1) Subject to subsection (2), a special examination shall be carried out by the auditor of a port authority.

• Marginal note:Examiner — other qualified auditor

  (2) Where, in the opinion of the Minister, a person other than the auditor of a port authority should carry out a special examination, the Minister may, after consulting with the board of directors appoint another auditor to do it and may, after again consulting with the board, remove that auditor at any time.

Property

Marginal note:Federal Real Property and Federal Immovables Act

• 44 (1) For the purposes of the Federal Real Property and Federal Immovables Act, the Minister has the administration of the federal real property and federal immovables of a port in respect of which letters patent have been issued to the port authority, other than property the administration of which is under any other member of the Queen’s Privy Council for Canada.

• Marginal note:Management

  (2) The Minister may, by letters patent or supplementary letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by

  • (a) the Minister under subsection (1); or

  • (b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.

• Marginal note:Non-application

  (3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act does not apply to that property, other than sections 3, 5, 12 to 14 and 16 to the extent that those sections are not inconsistent with this Act.

• Marginal note:Surplus Crown Assets Act

  (4) The Surplus Crown Assets Act does not apply to a port authority.

• Marginal note:Notice to Minister

  (5) If a port authority is of the opinion that any real property or immovable is no longer required for port purposes, it shall so inform the Minister.

• Marginal note:Holding of real property and immovables

  (6) A port authority may manage, occupy or hold only the real property and immovables set out in its letters patent.

Marginal note:Powers and obligations when management given

• 45 (1) When the Minister has given the management of any federal real property or federal immovable to a port authority, the port authority

  • (a) need not pay compensation for the use of that property;

  • (b) may retain and use the revenue received in respect of that property for the purpose of operating the port;

  • (c) shall undertake and defend any legal proceedings, subject to any instructions that may be provided by the Attorney General of Canada, with respect to that property; and

  • (d) shall discharge all obligations and liabilities with respect to that property.

• Marginal note:Legal proceedings

  (2) A civil, criminal or administrative action or proceeding shall be taken by or against a port authority and not by or against the Crown with respect to

  • (a) any personal property or movable owned by that port authority;

  • (b) any federal real property or federal immovable that it manages;

  • (c) any real property or immovable that it holds; and

  • (d) any act or omission relating to any property referred to in paragraphs (a) to (c).

• Marginal note:Leases and licences

  (3) A port authority may, for the purpose of operating the port, lease or license any federal real property or federal immovable that it manages, subject to the limits in the port authority’s letters patent on its authority to contract as agent for Her Majesty in right of Canada. 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:Powers

  (3.1) The port authority may exercise the powers under subsection (3) 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:Temporary use

  (3.2) A port authority may lease or license any federal real property or federal immovable it manages for temporary use under paragraph 28(2)(a).

• Marginal note:Application of provincial law

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

Marginal note:Acquisition of real property and immovables

• 45.1 (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.

Marginal note:Disposition of federal real property and federal immovables

• 46 (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.

Marginal note:Canadian Navigable Waters Act

47 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 62.

Marginal note:Land-use plan

• 48 (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.