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Disclaimer: These documents are not the official versions (more).
CANADA MARINE ACT
The Jacques-Cartier and Champlain Bridges Inc. Regulations
GENERAL
1. Subsection
3(2) and sections 4, 9, 16, 17, 22, 24 and 25 of the St. Lawrence Seaway Authority Act,
as that Act read on November 30, 1998, apply, in a modified form, to The Jacques-Cartier
and Champlain Bridges Inc. The modified provisions are set out in the schedule.
SCHEDULE
(Section 1)
MODIFIED PROVISIONS
INTERPRETATION
1. (1) In this schedule,
"Corporation" means The Jacques-Cartier and Champlain Bridges Inc.
(2) Each section or subsection of this schedule is followed by the section or
subsection number, in parentheses, of the corresponding provision of the St. Lawrence Seaway Authority Act (referred to in this schedule as "SLSAA").
AGENT OF
HER MAJESTY
2. Except as provided in section 4, the
Corporation is for all purposes an agent of Her Majesty in right of Canada. (Subsection
3(2), SLSAA)
LEGAL
PROCEEDINGS
3. Actions,
suits or other legal proceedings in respect of any right or obligation acquired or
incurred by the Corporation on behalf of Her Majesty, whether in its name or in the name
of Her Majesty, may be brought or taken by or against the Corporation in the name of the
Corporation in any court that would have jurisdiction if the Corporation were not an agent
of Her Majesty. (Section 4, SLSAA)
OFFICERS
AND EMPLOYEES
4. The
Corporation may employ such officers and employees for such purposes and on such terms and
conditions as may be determined by it, and the officers and employees so employed are not
officers or servants of Her Majesty. (Section 9, SLSAA)
FEES
5. (1) The Corporation may, subject to
section 6, fix fees to be charged by it with respect to
(a) the use of any building, plant,
property or facilities under its administration;
(b) any service performed by it; and
(c) pedestrians or vehicles entering,
passing over or leaving a bridge or highway under its administration and passengers or
goods carried in those vehicles. (Subsection 16(1), SLSAA)
(2) The fees that may be charged may be for the use of any particular part of the
bridges or other works administered by the Corporation, for the use of those bridges or
works as a whole or for any particular service rendered by the Corporation. (Subsection
16(2), SLSAA)
(3) A fee fixed or any amendment to it shall be filed with the Canadian Transportation
Agency and becomes operative from the day of filing. (Subsection 16(3), SLSAA)
(4) Any person interested may at any time file a complaint with the Canadian
Transportation Agency that there is unjust discrimination in an existing fee and the
Agency shall then consider the complaint and make a finding, which it shall report to the
Corporation. (Subsection 16(4), SLSAA)
(5) Section 40 of the Canada
Transportation Act applies, with such
modifications as the circumstances require, in respect of every report of the Canadian
Transportation Agency under subsection (4) as if the report were a decision made under
that Act. (Subsection 16(5), SLSAA)
FEES TO
BE FAIR AND REASONABLE
6. The fees that may be charged by the
Corporation shall be fair and reasonable and designed to provide a revenue sufficient to
defray the cost to it of its operations in carrying out the purposes for which it is
incorporated, which costs shall include
(a) payments in respect of the
interest on amounts borrowed by it to carry out those purposes;
(b) amounts sufficient to amortize the
principal of those amounts over a period not exceeding 50 years; and
(c) the cost of operating and
maintaining the bridges and other works under its administration, including all its
operating costs and such reserves as may be approved by the Minister. (Section 17, SLSAA)
RETIREMENT OF
FORMER EMPLOYEES IN PUBLIC
7. (1) If a person employed by the
Corporation was a contributor under the Public
Service Superannuation Act immediately prior to that employment, and that
employment was entered into with the consent of the Minister of the department or branch
of the Public Service in which the person was employed, the provisions that apply to that
person on retirement from employment by the Corporation for a reason other than misconduct
are as follows:
(a) if before being employed by the
Corporation the person was employed in a position to which the Public Service Employment Act applied, the person may be appointed
to a position to which that Act applies of a class not lower than the class in which the
person was so employed; and
(b) if before being employed by the
Corporation the person was employed in a position in the Public Service to which the Public Service Employment Act did not apply,
the person may be appointed to a position in the public service of Canada to which that
Act does not apply of a class not lower than the class in which the person was so
employed. (Subsection 22(1), SLSAA)
(2) The Government Employees Compensation Act applies to officers and
servants of the Corporation and, notwithstanding section 4, for the purposes of that Act
but not otherwise, those officers and servants shall be deemed to be employees in the
service of Her Majesty. (Subsection 22(2), SLSAA)
CONTRACTS
WITH HER MAJESTY
8. Although the Corporation is an agent of
Her Majesty, it may enter into contracts with Her Majesty. (Section 24, SLSAA)
AUDITOR
9. The Auditor
General of Canada is the auditor of the Corporation. (Section 25, SLSAA)
Established by
SOR/98-568 19 November 1998, pursuant to section 141 of the Canada Marine Act, into
force on December 1, 1998.
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