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Canada Marine Act

Version of section 72 from 2002-12-31 to 2008-07-31:


Marginal note:Agreements for disposal or transfer

  •  (1) The Minister may enter into agreements in respect of

    • (a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and

    • (b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province.

  • Marginal note:Content of agreements

    (2) The agreements may include

    • (a) provisions for the performance and enforcement of obligations under the agreements; and

    • (b) any other terms and conditions that the Minister considers appropriate.

  • Marginal note:Security

    (3) The Minister may

    • (a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under the agreements or any security granted in substitution for them; and

    • (b) release or realize on any security referred to in paragraph (a).

  • Marginal note:Authority to carry out agreements

    (4) The Minister may take any measures that the Minister considers appropriate to carry out the agreements and to protect the interests or enforce the rights of Her Majesty under them.

  • Marginal note:Disposal and transfer

    (5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act.

  • Marginal note:Application of provincial law

    (6) The disposal or transfer of federal real property and federal immovables under this section 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 transferred by a private person.

  • Marginal note:Reports to Parliament

    (7) The Minister shall, for each of the four fiscal years following the coming into force of this section, prepare a report on the disposition and transfer measures the Minister has taken during that fiscal year and on the continuing management of public ports and public port facilities during that year. The Minister shall have the report laid before each House of Parliament within three months after the end of that fiscal year or, if that House is not then sitting, on any of the first fifteen days after that time that it is sitting.

  • Marginal note:Minister responsible

    (8) Subject to any regulations made under section 74, the Minister continues to have the management of public ports and public port facilities that the Minister has not disposed of or transferred.

  • 1998, c. 10, s. 72
  • 2001, c. 4, s. 146
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