An Act to amend the Canada Marine Act, the Canada Transportation Act, the Pilotage Act and other Acts in consequence (S.C. 2008, c. 21)
Assented to 2008-06-18
10. Subsection 14(2) of the Act is replaced by the following:
Marginal note:Directors appointed by provinces and municipalities
(1.1) The Governor in Council may appoint a director under paragraph (1)(b) or (c) who has been nominated by the Minister if the position has been vacant for more than one year.
Marginal note:Tenure of office
(2) Directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.
Marginal note:Maximum term of office
(2.1) A director shall serve no more than nine consecutive years on the board.
Marginal note:Effective day of appointment
(2.2) A director’s appointment takes effect on the day on which notice of the appointment is received by the port authority.
Marginal note:Extension of term
(2.3) Subject to subsection (2.1), if a successor has not been appointed at the expiry of a director’s term, the director continues to hold office until their term is renewed or their successor is appointed.
Marginal note:Directors appointed by municipalities and provinces
(2.4) Subject to subsection (2.1) and despite subsection (2), the term of office of a director appointed under subsection (1.1) to fill a vacant position under paragraph (1)(b) or (c) expires on the day on which a director is nominated under that paragraph.
Marginal note:2003, c. 22, s. 113(E)
11. Paragraph 16(c) of the Act is replaced by the following:
(c) a Senator or a member of the House of Commons;
(c.1) an officer or employee of the federal public administration, a federal Crown corporation or a port authority;
12. Paragraph 19(1)(b) of the Act is replaced by the following:
(b) is removed for cause by the authority that made the appointment, namely, the Governor in Council, the municipalities or the province or provinces, as the case may be; or
13. The Act is amended by adding the following after section 21:
21.1 Subject to the letters patent, the board of directors may delegate the powers to manage the activities of the port authority to a committee of directors or to the officers of the port authority.
14. Section 25 of the Act is replaced by the following:
Marginal note:No appropriation
25. Even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 7, no payment to a port authority or a wholly-owned subsidiary of a port authority may be made under an appropriation by Parliament to enable the port authority or subsidiary to discharge an obligation or liability unless
(a) the payment
(i) is made under the Emergencies Act or any other Act in respect of emergencies,
(ii) is a contribution in respect of the capital costs of an infrastructure project,
(iii) is a contribution in respect of envi- ronmental sustainability, or
(iv) is a contribution in respect of security, or
(b) the authority for the funding of Her Majesty’s obligations is an agreement that was in existence before March 1, 1999.
15. The Act is amended by adding the following after section 25:
25.1 The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, make a contribution under subparagraph 25(a)(iv).
16. Subsection 27(1) of the Act is amended by striking out the word “and” at the end of paragraph (e) and by adding the following after paragraph (f):
(g) respecting the information and documents to be provided by a port authority to the Minister at the Minister’s request; and
(h) respecting the amalgamation of port authorities.
17. (1) Subsection 28(4) of the Act is replaced by the following:
(4) A port authority shall not carry on any activity or exercise any power that it is restricted by its letters patent from carrying on or exercising, nor shall it carry on any activity or exercise any power in a manner contrary to its letters patent or this Act.
(2) Subsections 28(6) and (7) of the Act are replaced by the following:
Marginal note:Compliance with code
(5.1) If a port authority that is subject to a code governing its power to borrow enters into a contract, or executes any other document, for the borrowing of money, the document shall include an express statement that the borrowing complies with the code.
Marginal note:Duty of directors
(6) The directors of a port authority shall take all necessary measures to ensure
(a) that the port authority and any wholly-owned subsidiary of the port authority comply with subsections (5) and, if appli- cable, (5.1); and
(b) that any subcontract arising directly or indirectly from a contract to which subsection (5) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada.
Marginal note:Borrowing limitations may be imposed
(7) If a port authority or a wholly-owned subsidiary of a port authority fails to comply with subsection (5) or (5.1), or the directors of a port authority fail to comply with subsection (6) or section 30.1, the Minister of Finance, on the recommendation of the Minister of Transport, may impose any limitations that the Minister of Finance considers to be in the public interest on the power of the port authority or subsidiary to borrow money, including limitations on the time and terms and conditions of any borrowing.
(3) Subsection 28(13) of the French version of the Act is replaced by the following:
Marginal note:Activités antérieures
(13) La filiale à cent pour cent d’une administration portuaire peut continuer à exercer les pouvoirs et les activités qu’elle exerçait le 1er décembre 1995; les pouvoirs et les activités qu’elle cesse d’exercer après cette date ne peuvent être exercés de nouveau que si les lettres patentes le lui permettent.
18. The Act is amended by adding the following after section 30:
Marginal note:Borrowing policy
30.1 (1) The directors of a port authority that is subject to a code governing its power to borrow shall certify to the Minister that the borrowing policy is in compliance with the code.
Marginal note:Changes to borrowing policy
(2) If there are any changes in respect of the borrowing policy, the directors of the port authority shall certify to the Minister that the policy remains in compliance with the code.
Marginal note:Copy of policy
(3) The directors of the port authority shall provide a copy of the borrowing policy to the Minister if the Minister requests one.
Marginal note:2001, c. 4, s. 139(1)
19. (1) Subsection 31(3) of the Act is replaced by the following:
Marginal note:No security interest in property
(3) Subject to subsection (4), a port authority may not mortgage, hypothecate or otherwise create a security interest in any federal real property or federal immovable that it manages in any way other than to create a security interest in the revenues of that property.
(2) Subsection 31(5) of the French version of the Act is replaced by the following:
Définition de « sûreté »
(5) Pour l’application des paragraphes (3) et (4), sûreté s’entend d’un droit grevant les biens gérés par une administration portuaire pour garantir l’exécution de ses obligations ou d’un intérêt sur ceux-ci aux mêmes fins.
20. The portion of subsection 37(3) of the Act before paragraph (a) is replaced by the following:
(3) The annual financial statements shall set out the total remuneration paid in money or in kind to each of the following persons in that year by the port authority or its wholly-owned subsidiary, including any fee, allowance or other benefit:
21. Section 39 of the Act is replaced by the following:
Marginal note:Business plan
39. A port authority shall, within three months after the end of each fiscal year, submit to the Minister, in respect of itself and each of its wholly-owned subsidiaries, a five-year business plan containing any information that the Minister may require, including any material changes in respect of information provided in the previous business plan.
Marginal note:2001, c. 4, s. 140(1)
22. (1) Subsection 44(1) of the French version of the Act is replaced by the following:
Marginal note:Loi sur les immeubles fédéraux et les biens réels fédéraux
44. (1) Pour l’application de la Loi sur les immeubles fédéraux et les biens réels fédéraux, le ministre a la responsabilité des immeubles fédéraux et des biens réels fédéraux qui se trouvent dans le port qu’une administration portuaire exploite en vertu de ses lettres patentes, à l’exception de ceux dont la responsabilité est confiée à un autre membre du Conseil privé de la Reine pour le Canada.
Marginal note:2001, c. 4, s. 140(1)
(2) Subsections 44(2) and (3) of the Act are replaced by the following:
(2) The Minister may, by letters patent or supplementary letters patent, give to a port authority the management of any federal real property or federal immovable that is administered by
(a) the Minister under subsection (1); or
(b) any other member of the Queen’s Privy Council for Canada, if the Minister has the consent of that other member.
(3) If the Minister gives the management of any federal real property or federal immovable to a port authority, the Federal Real Property and Federal Immovables Act does not apply to that property, other than sections 3, 5, 12 to 14 and 16 to the extent that those sections are not inconsistent with this Act.
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