CANADA PORT AUTHORITIES
Under the 1995 National Marine Policy, 19 major Canadian ports
were deemed vital to Canada's domestic and international trade. These 19
ports were designated Canada Port Authorities (CPAs) under The
Canada
Marine Act which received Royal Assent on June 11, 1998.
The Canada Port Authorities (CPAs), established under the
Canada
Marine Act, also met criteria pertaining to financial self-sufficiency, of
strategic significance to Canada's trade, diversified traffic and intermodal
connections.
Canada Port Authorities were created to operate particular ports on behalf
of the Government of Canada. In certain cases CPAs possess the power to
engage in activities related to shipping, navigation and transportation of
passengers and goods. For other purposes, for example when borrowing funds,
CPAs are not an agent of the Government of Canada. They may also be given
Crown land to operate and manage, but not to own. They may, however, acquire
and own land in their own name.
CPAs are required to be self-sufficient and fund their operations through
the revenues that they generate. Under Section 25 of the
Canada
Marine Act, CPAs are not eligible for federal funding, other than grants of
general application or in the case of emergencies.
CPAs are required to abide by strict principles of public accountability.
Boards of directors of CPAs are composed of 7 to 11 directors. User groups,
carrier groups, municipalities, provinces and the Government of Canada
nominate each member of the board. They are responsible for the management
of the port and for its activities, including decisions related to port
authority expenditures. Nominees cannot be officers or employees of user
companies, government employees or elected officials.
Transport Canada is responsible for ensuring that CPAs conduct their
affairs in accordance with the provisions of the
Canada Marine Act,
the Port Authorities Management Regulations and the Port Authorities
Operations Regulations, as well as the provisions set out in their Letters
Patent. Letters Patent are federal government- issued to the port
authorities to grant them the special right to operate a particular port.
Transport Canada monitors ports across the country in order to ensure CPA
compliance with legislative requirements and their letters patent.
Transport Canada is also responsible for ensuring that federal real
property transactions requested by a CPA occur within the authorities of the
Canada Marine Act, the
Federal Real Property and Federal Immovables Act and Treasury Board Policies. A
CPA does not have the authority to
acquire or sell the federal real property it manages.
Transparency of CPA operations is maintained through:
- An annual meeting open to the public;
- An annual report and annual financial statements to be made available to
the public;
- Annual disclosure of remuneration and benefits paid to directors and
officers;
- A public land-use plan;
- A special examination at least once every five years with a report to be
made available for inspection by the public; and
- Disclosure of information related to the CPA operations under the Access to Information Act.
June 2007
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