Pilotage Act

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.