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CANADA MARINE ACTThe Seaway International Bridge Corporation, Ltd. Regulations
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 Seaway International Bridge Corporation, Ltd. The modified provisions are set out in the schedule. 1. (1) In this schedule, "Corporation" means The Seaway International Bridge Corporation, Ltd. (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"). 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) 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) 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) 5. (1) The Corporation may, subject to section 6, fix fees to be charged by it with respect to
(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 RETIREMENT OF FORMER EMPLOYEES IN PUBLIC SERVICE 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:
(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 MAJESTY8. Although the Corporation is an agent of Her Majesty, it may enter into contracts with Her Majesty. (Section 24, SLSAA) AUDITOR9. The Auditor General of Canada is the auditor of the Corporation. (Section 25, SLSAA) SOR/98-569 19 November 1998, pursuant to section 142 of the Canada Marine Act, into force on December 1, 1998. Modified by SOR/99-140 18 March 1999, pursuant to subsection 98(1) and section 142 of the Canada Marine Act, into force on March 18, 1999. Subsection 1(1) of the schedule to the English version of the Seaway International Bridge Corporation, Ltd. Regulations is replaced. |
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