PART 4

REGULATIONS AND ENFORCEMENT

Interpretation

"court"

« tribunal »

"court" means

(a) the Ontario Court (General Division);

(b) the Superior Court of Quebec;

(c) the trial division or branch of the Supreme Court of Prince Edward Island and Newfoundland;

(d) the Court of Queen's Bench for New Brunswick, Manitoba, Saskatchewan and Alberta;

(e) the Supreme Court of Nova Scotia and British Columbia;

(f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; and

(g) the Federal Courts.

 

 « tribunal d'appel »

"court of appeal" means, in the province in which an order referred to in subsection 119(3) is made, the court of appeal for that province as defined in section 2 of the Criminal Code. It includes the Federal Court of Appeal.

Regulations

Traffic Control

Liability for Fees

Enforcement

Designation

(a) a port in respect of which letters patent have been issued to a port authority;

(b) a public port or public port facility;

(c) all or part of the Seaway; or

(d) all or part of the navigable waters designated under subsection 104(2).

 

Inspection

(a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and

(b) require any person appearing to be in charge of the ship, vehicle, aircraft, premises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper.

 

(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

(b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

 

(a) give the enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and

(b) provide the enforcement officer with any information relevant to the administration of this Act or the regulations that the officer may reasonably require.

 

Search and Seizure

(a) anything on or in respect of which an offence under this Act is being or has been committed; or

(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act.

 

Detention of Ships

(a) that the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act;

(b) that an amount is due and payable for fees or interest imposed under this Act; or

(c) that property that is managed by a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) has been damaged by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.

 

(a) by delivering a copy of it personally to the master; or

(b) if personal service is not reasonably practicable,

(i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or

(ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.

(a) the ship has not been charged with an offence under this Act within thirty days after the making of the detention order;

(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and

(i) security satisfactory to the Minister for payment of the maximum fine that could be imposed, or security in a lesser amount approved by the Minister, is given to Her Majesty in right of Canada, or

(ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued;

(c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be;

(d) an amount is claimed against the ship for damages referred to in paragraph 115(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, and of a kind satisfactory to them; or

(e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 115(1)(c).

 

(a) the ship is detained under a detention order in respect of an offence under this Act;

(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order;

(c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and

(d) the security referred to in paragraph 116(4)(b) has not been given.

 

(a) the ship is detained under a detention order for non-payment of fees or interest;

(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;

(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

(d) the security referred to in paragraph 116(4)(c) has not been given.

 

(a) the ship is detained under a detention order in respect of damages referred to in paragraph 115(1)(c);

(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;

(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

(d) the security referred to in paragraph 116(4)(d) has not been given.

 

(a) the ship is detained under a detention order for one of the reasons referred to in paragraphs 115(1)(a) to (c);

(b) the ship has been charged with an offence under this Act or proceedings have been brought against it in respect of the non-payment of fees or damages referred to in paragraph 115(1)(c) within thirty days after the making of the detention order;

(c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 116(4) has not been given; and

(d)the ship is convicted or found liable, as the case may be, and the fine imposed or the amount of the damages and interest is not immediately paid.

 

(a) the registrar of the register in which the ship is recorded;

(b) the holder of any mortgage against the ship that is registered on the register referred to in paragraph (a); and

(c) the holder of any maritime lien against the ship and the holder of any like interest, if the holder is known to the port authority, the Minister or the person at the time of application.

 

(a) any person referred to in paragraph 118(1)(b) or (c), within sixty days after the notice required under that paragraph is given to the person; and

(b) any other person who claims an interest in the ship as a mortgagee or as the holder of a maritime lien or any like interest, within sixty days after the application is made.

 

(a) acquired the interest in good faith before the act or omission for which the ship was detained; and

(b) is innocent of any complicity or collusion in respect of the act or omission for which the ship was detained.

 

(a) authorize the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, to sell the ship in the manner and subject to the terms and conditions the court considers appropriate; and

(b) on application by the port authority, the Minister or the person, as the case may be, give directions as to the ranking of the interests of persons who have obtained an order referred to in subsection (2).

 

(a) the following amount:

(i) the maximum fine that could have been imposed for the offence in a case where subsection 117(1) applies,

(ii) the fees and interest due and payable in a case where subsection 117(2) applies,

(iii) the amount of the damages in a case where subsection 117(3) applies, or

(iv) the fine actually imposed or the amount for which the ship is found liable in a case where subsection 117(4) applies;

(b) the costs of the detention and sale; and

(c) the interests of persons who have obtained an order referred to in subsection 119(2), according to the ranking directed by the court under paragraph 119(5)(b).

 

Other Powers

(a) fees and interest in respect of the ship or goods carried on the ship; or

(b) damage to property caused by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.

 

Offences and Punishment

(a) fails to comply with any reasonable requirement of an enforcement officer in the course of carrying out duties and functions under this Act;

(b) knowingly makes a false or misleading statement, either orally or in writing, to an enforcement officer; or

(c) otherwise obstructs or hinders an enforcement officer.

 

PART 5

HUMAN RESOURCES

Seaway

(a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and

(b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.

 

Local Port Corporations

(a) a sale of a business had taken place between the local port corporation and the port authority; and

(b) the employees of the local port corporation were employees of the business.

 

Harbour Commissions

(a) a sale of a business had taken place between the harbour commission and the port authority; and

(b) the employees of the harbour commission were employees of the business.

 

Non-corporate Ports of Canada Ports Corporation

(a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and

(b) the employees designated under section 134 for that non-corporate port were employees of the business.

 

Comparable Employee Benefits

(a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and

(c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.

 

(a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and

(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

 

(a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act, on the expiry of the period of transitional coverage;

(b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and

(c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.

 

PART 6

MISCELLANEOUS

(a) ensuring the continuation of services in fulfilment of Canada's constitutional obligations;

(b) ensuring the continuation of services similar to those provided by Marine Atlantic Inc. before the transfer, sale or disposal, on the terms and conditions that the Minister considers appropriate, including by making financial contributions or grants or any other financial assistance; and

(c) the assets of Marine Atlantic Inc. that are transferred, sold or otherwise disposed of under subsection (2).

 

PART 7

AMENDMENTS TO THE PILOTAGE ACT

(a) any provision of this Act, other than section 15.3,

REPORT TO PARLIAMENT

(a) subsections 46(1) and (2); and

(b) the schedule.

PART 8

CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Consequential Amendments

Access to Information Act

Société canadienne des ports

Administration de pilotage des Grands Lacs, Limitée

160. Schedule I to the Act is amended by striking out the following under the heading "Other Government Institutions'':

The St. Lawrence Seaway Authority

Administration de la voie maritime du Saint-Laurent

161. Schedule I to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Great Lakes Pilotage Authority

Administration de pilotage des Grands Lacs

162. Schedule I to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Fraser River Port Authority

Administration portuaire du fleuve Fraser

Administration portuaire de Halifax

Administration portuaire de Hamilton

Administration portuaire de Montréal

Administration portuaire de Nanaïmo

Administration portuaire du North-Fraser

Administration portuaire de Port-Alberni

Administration portuaire de Prince-Rupert

Administration portuaire de Québec

Administration portuaire du Saguenay

Administration portuaire de Saint-Jean

Administration portuaire de Sept-Îles

Administration portuaire de St. John's

Administration portuaire de Thunder Bay

Administration portuaire de Toronto

Administration portuaire de Trois-Rivières

Administration portuaire de Vancouver

Administration portuaire de Windsor

Canada Transportation Act

but does not include the Commissioner in Council or an agency or body of the Yukon Territory or the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners' Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act;

 

(a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands the administration and control of which have been transferred by the Governor in Council to the Commissioner of the Yukon Territory or the Northwest Territories and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act,

 

(k) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for, projects for which The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners' Act, 1911, any harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subse1ction 80(5) of the Canada Marine Act or a port authority established under that Act, exercises a power or performs a duty or function referred to in paragraph 5(1)(a), (b) or (c), respecting any action to be taken in respect of those projects during the environmental assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province;

 

Canadian Transportation Accident Investigation
 and Safety Board Act

(c) any type of communications respecting marine traffic regulation or related matters that take place between any of the following persons, namely, marine traffic regulators, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, ship crew members (including masters, officers, pilots and ice advisers), and staff of Coast Guard radio stations, rescue coordination centres and subcentres and harbour master offices; or

(d) any type of communications respecting maritime distress, maritime safety or related matters

(i) that take place between any of the following persons, namely, Coast Guard radio station operators, ship crew members (including masters, officers, pilots and ice advisers), and staff of vessel traffic services centres, persons designated under subsection 58(1) or section 76, 99 or 106 of the Canada Marine Act, rescue coordination centres and subcentres, harbour master offices and ship agents' offices, or

(ii) that take place between any person on shore and a ship via a Coast Guard radio station.

 

(a) by adding thereto the name of any port authority established under the Canada Marine Act; or

(b) by deleting therefrom the name of any port authority.

 

Société canadienne des ports

Société de port de Halifax

Société du port de Montréal

Société de port de Québec

Société de port de Prince Rupert

Société du port de Vancouver

170. Schedule I to the Act is amended by striking out the following:

Administration de pilotage des Grands Lacs, Limitée

171. Schedule I to the Act is amended by striking out the following:

Administration de la voie maritime du Saint-Laurent

172. Schedule I to the Act is amended by adding the following in alphabetical order:

Administration de pilotage des Grands Lacs

Financial Administration Act

173. Paragraph 89.1(3)(b) of the Financial Administration Act is replaced by the following:

(b) a direction given under subsection 5(2) of the Canada Mortgage and Housing Corporation Act, subsection 9(2) of the Canadian Commercial Corporation Act, subsection 11(1) of the Canadian Dairy Commission Act or subsection 34(3) of the Enterprise Cape Breton Corporation Act; or

174. Part I of Schedule III to the Act is amended by striking out the following:

Administration de pilotage des Grands Lacs, Limitée

175. Part I of Schedule III to the Act is amended by striking out the following:

Administration de la voie maritime du Saint-Laurent

176. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

Administration de pilotage des Grands Lacs

177. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

Ridley Terminals Inc.

178. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

Les Ponts Jacques-Cartier et Champlain Inc.

179. Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

La Corporation du Pont international de la voie maritime, Ltée

180. Part II of Schedule III to the Act is amended by striking out the following:

Société canadienne des ports

Société de port de Halifax

Société du port de Montréal

Société de port de Québec

Société de port de Prince Rupert

Société du port de Saint John

Société du port de St. John's

Société du port de Vancouver

Fishing and Recreational Harbours Act

(a) any port, as defined in section 5 of the Canada Marine Act, or any harbour, works or property under the jurisdiction of a harbour commission established under an Act of Parliament; or

 

« agent de police privé » 

"private constable" means a person appointed as a constable under Part III of the Canada Transportation Act;

(a) for a taxation year beginning in 1999, 25 per cent of the grant that may, but for this section, be made under this Act;

(b) for a taxation year beginning in 2000, 50 per cent of the grant that may, but for this section, be made under this Act; and

(c) for a taxation year beginning in 2001, 75 per cent of the grant that may, but for this section, be made under this Act.

 

Société canadienne des ports

184. Schedule III to the Act is amended by adding the following in alphabetical order:

Administration portuaire du fleuve Fraser

Administration portuaire de Halifax

Administration portuaire de Hamilton

Administration portuaire de Montréal

Administration portuaire de Nanaïmo

Administration portuaire du North-Fraser

Administration portuaire de Port-Alberni

Administration portuaire de Prince-Rupert

Administration portuaire de Québec

Administration portuaire du Saguenay

Administration portuaire de Saint-Jean

Administration portuaire de Sept-Îles

Administration portuaire de St. John's

Administration portuaire de Thunder Bay

Administration portuaire de Toronto

Administration portuaire de Trois-Rivières

Administration portuaire de Vancouver

Administration portuaire de Windsor

185. Schedule III to the Act is amended by adding the following in alphabetical order:

Les Ponts Jacques-Cartier et Champlain Inc.

186. Schedule III to the Act is amended by adding the following in alphabetical order:

La Corporation du Pont international de la voie maritime, Ltée

187. Schedule IV to the Act is amended by striking out the following:

Administration de la voie maritime du Saint-Laurent

188. Schedule IV to the Act is amended by adding the following in alphabetical order:

Administration de pilotage des Grands Lacs

Navigable Waters Protection Act

Société canadienne des ports

191. The schedule to the Act is amended by striking out the following under the heading "Other Government Institutions'':

Administration de pilotage des Grands Lacs, Limitée

192. The schedule to the Act is amended by striking out the following under the heading "Other Government Institutions'':

Administration de la voie maritime du Saint-Laurent

193. The schedule to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Administration de pilotage des Grands Lacs

194. The schedule to the Act is amended by adding the following in alphabetical order under the heading "Other Government Institutions'':

Administration portuaire du fleuve Fraser

Administration portuaire de Halifax

Administration portuaire de Hamilton

Administration portuaire de Montréal

Administration portuaire de Nanaïmo

Administration portuaire du North-Fraser

Administration portuaire de Port-Alberni

Administration portuaire de Prince-Rupert

Administration portuaire de Québec

Administration portuaire du Saguenay

Administration portuaire de Saint-Jean

Administration portuaire de Sept-Îles

Administration portuaire de St. John's

Administration portuaire de Thunder Bay

Administration portuaire de Toronto

Administration portuaire de Trois-Rivières

Administration portuaire de Vancouver

Administration portuaire de Windsor

Canada Shipping Act

195.1 Section 589 of the Act is replaced by the following:

196. Paragraph 604(a) of the Act is repealed.

Repeals

Coming into Force

SCHEDULE
(Section 6 and subsection 12(1))

INITIAL PORT AUTHORITIES

PORT AUTHORITIES THAT ARE NOT INITIAL PORT AUTHORITIES

Belledune Port Authority

Administration portuaire de Belledune

TABLE OF PROVISIONS

SHORT TITLE

INTERPRETATION

ABORIGINAL RIGHTS

NATIONAL MARINE POLICY

PART 1

CANADA PORT AUTHORITIES

Interpretation

Application

Agent of Her Majesty

Incorporation

Continuance of Harbour Commissions

Initial Port Authorities

Directors

Legal Regime Applicable to Port Authorities

Capacity and Powers

Annual Meeting

Financial Management

Special Examinations

Property

Fees

Official Languages

Liquidation and Dissolution

Port Traffic Control

Order and Safety

Regulations

PART 2

PUBLIC PORTS

Designation by Governor in Council

Fees

Harbour Masters and Wharfingers

Agreements

Federal Real Property

General

Regulations

Traffic Control

PART 3

SEAWAY

Interpretation

Objectives

Powers of Minister

Annual Meeting

Financial Management

Special Examinations

Property

Fees

Official Languages Act

Dissolution

Regulations

Traffic Control

General

PART 4

REGULATIONS AND ENFORCEMENT

Interpretation

Regulations

Traffic Control

Liability for Fees

Enforcement

Designation

Inspection

Search and Seizure

Detention of Ships

Other Powers

Offences and Punishment

PART 5

HUMAN RESOURCES

Seaway

Local Port Corporations

Harbour Commissions

Non-corporate Ports of Canada Ports Corporation

General

PART 6

MISCELLANEOUS

PART 7

AMENDMENTS TO THE PILOTAGE ACT

PART 8

CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Consequential Amendments

Repeals

Coming into Force

Section

In force