Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)

• Marginal note:Acquisition of federal real property or federal immovables

  (2.11) A port authority may acquire federal real property or federal immovables, if supplementary letters patent have been issued. For greater certainty, the federal real property or federal immovables become, on acquisition, real property or immovables other than federal real property or federal immovables.

• Marginal note:Lease or licence — other real property and immovables

  (2.12) A port authority may, for the purpose of operating the port, lease or license any real property or immovable that it holds, other than federal real property or federal immovables, subject to the limits in the port authority’s letters patent. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

• (c) subject to any regulations made under section 62 or subsection 64.1(1), regulate the type of structures or works that may be erected.

Marginal note:Order and safety

• 61. (1) Subject to any regulations made under section 62 or subsection 64.1(1), a port authority shall take appropriate measures for the maintenance of order and the safety of persons and property in the port.

Undertakings Situated in a Port

Regulations

Marginal note:Regulations

• 64.1 (1) The Governor in Council may make regulations respecting any undertaking or class of undertakings that is situated or proposed to be situated in a port, including regulations respecting the development, use and environmental protection of the port as it relates to the undertaking or class of undertakings.

• Marginal note:Included powers

  (2) Without limiting the generality of subsection (1), a regulation made under that subsection may

  • (a) designate the undertakings or classes of undertakings to which the regulations apply;

  • (b) confer any legislative, administrative, judicial or other power on any person or body that the Governor in Council considers necessary to effectively regulate the undertaking;

  • (c) confer on any person or body the power, exercisable in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated,

    • (i) to make orders requiring any person or body to cease any work, comply with the regulations or take any measure to remedy the consequences of any contravention of the regulations, or

    • (ii) to do any work that the person or body considers necessary and to recover the costs of that work;

  • (d) fix, or prescribe the manner of calculating, any charge to be paid in respect of the undertaking;

  • (e) fix, or prescribe the manner of calculating, the rate of interest to be charged on amounts owing under the regulations;

  • (f) establish offences punishable on summary conviction for contraventions of the regulations, if similar acts or omissions constitute an offence under the laws in force in the province in which the undertaking is situated, and set, for such offences, fines or terms of imprisonment, or both, that are not more than the fines or terms of imprisonment applicable under those laws;

  • (g) establish administrative monetary penalties for contraventions of the regulations, if similar acts or omissions are punishable by administrative monetary penalties under the laws in force in the province in which the undertaking is situated, and set the amount of each of those penalties at an amount that is not more than the amount applicable under those laws;

  • (h) set limits on the liability of, and establish defences and immunities for, any person or body exercising a power or performing a duty or function under the regulations;

  • (i) confer on any person, for the purpose of verifying compliance with the regulations, the power to enter a place, to inspect the place and to seize and detain any thing found in that place, in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated;

  • (j) require that security be given or a trust or fund be established to secure the performance of any obligation imposed under the regulations;

  • (k) prescribe rules respecting the confidentiality or disclosure of any information obtained under the regulations;

  • (l) provide for the retention or the disposal, including the destruction, of documents, regardless of medium, that are created or submitted under the regulations;

  • (m) prescribe rules of procedure for hearings to be held in relation to the undertaking, including rules for the issuance of subpoenas to require the appearance of persons and the production of documents and rules requiring that evidence be given under oath, or confer on any person or body the power to prescribe those rules; and

  • (n) provide for the arbitration of disputes arising under the regulations.

• Marginal note:Application to Crown

  (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Marginal note:Incorporation by reference

• 64.2 (1) A regulation made under subsection 64.1(1) may incorporate by reference any document produced by a person or body other than the Minister, including any Act of a province or legislative instrument made under such an Act, as it exists on a particular date or as it is amended from time to time, with any adaptations that the Governor in Council considers necessary.

• Marginal note:Existing power not limited

  (2) For greater certainty, the express power referred to in subsection (1) to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.

Marginal note:Conflict with regulations under another Act

64.3 Regulations made under subsection 63(2) or under any other Act of Parliament prevail over regulations made under subsection 64.1(1) to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under subsection 64.1(1).

Marginal note:Conflict with rules

64.4 Regulations made under subsection 64.1(1) prevail over any by-laws, practices and procedures or other similar instruments, and land-use plans, made by a port authority to the extent of any conflict or inconsistency between them, unless otherwise provided in those regulations.

Marginal note:Non-application

64.5 Sections 108 to 129.19 do not apply to the administration and enforcement of and the contravention of a regulation made under subsection 64.1(1).

Agreements

Marginal note:Agreements — administration and enforcement

• 64.6 (1) The Minister may enter into agreements with any person or body, including the government of a province, with respect to the administration and enforcement of a regulation made under subsection 64.1(1).

• Marginal note:Dispute resolution

  (2) An agreement referred to in subsection (1) may provide for the arbitration, in accord­ance with the law of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute.

Other Acts

Marginal note:Statutory Instruments Act

64.7 The Statutory Instruments Act does not apply to any legislative instrument made by a provincial official or body under the authority of a provincial law that is incorporated by reference in a regulation made under subsection 64.1(1).

Marginal note:Federal Courts Act

• 64.8 (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 64.1(1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

• Marginal note:Review or appeal in provincial courts

  (2) Unless otherwise provided by a regulation made under subsection 64.1(1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied.

Marginal note:Amounts collected

64.9 Payments collected by a provincial official or body under a regulation made under subsection 64.1(1) are not public money for the purposes of the Financial Administration Act.

Marginal note:User Fees Act

64.91 For greater certainty, the User Fees Act does not apply to any fee that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 64.1(1).

Limits on Liability, Defences and Immunities

Marginal note:Acts and omissions

64.92 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 64.1(1),

• (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in which the undertaking that is the subject of the regulation is situated when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law of that province; and

• (b) a port authority and any person or body exercising the power or performing the duty or function is entitled, unless otherwise provided by the regulation, to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law of the province in which the undertaking that is the subject of the regulation is situated.

Marginal note:Right or interest in port

64.93 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada or a port authority, in relation to an undertaking that is situated in a port, under regulations made under subsection 64.1(1), based on any right or interest held by Her Majesty or the port authority in that port.

“human remains”

« restes humains »

“human remains” includes any detached part of the body of a person who may still be alive.

“investigating authority”

« autorité chargée de l’enquête »

“investigating authority” means, as the case may be,

• (a) a Canadian law enforcement agency;

• (b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or

• (c) a laboratory.

Marginal note:Purpose

3. The purpose of this Act is to establish a national DNA data bank to help

• (a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and

• (b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains.

Establishment and Contents

• Marginal note:Forensic DNA analysis

  (2) The Commissioner shall conduct a fo­rensic DNA analysis of the bodily substances transmitted if satisfied that the offence referred to in the order or authorization is a designated offence and add the resulting DNA profile in the convicted offenders index.