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Bill C-9

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TABLE OF PROVISIONS

AN ACT FOR MAKING THE SYSTEM OF CANADIAN PORTS COMPETITIVE, EFFICIENT AND COMMERCIALLY ORIENTED, PROVIDING FOR THE ESTABLISHING OF PORT AUTHORITIES AND THE DIVESTING OF CERTAIN HARBOURS AND PORTS, FOR THE COMMERCIALIZATION OF THE ST. LAWRENCE SEAWAY AND FERRY SERVICES AND OTHER MATTERS RELATED TO MARITIME TRADE AND TRANSPORT AND AMENDING THE PILOTAGE ACT AND AMENDING AND REPEALING OTHER ACTS AS A CONSEQUENCE

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

ABORIGINAL RIGHTS

3. Aboriginal rights

NATIONAL MARINE POLICY

4. National Marine Policy

PART 1

CANADA PORT AUTHORITIES

Interpretation
5. Definitions

Application
6. Application of Part

Agent of Her Majesty
7. Agent of Her Majesty

Incorporation
8. Letters patent

9. Supplementary letters patent

Continuance of Harbour Commissions
10. Continuance of harbour commissions

11. Consequences for commissioners

Initial Port Authorities
12. Continued or deemed incorporated

13. Consequences for former directors and commissioners

Directors
14. Appointment of directors

15. Experience

16. Persons excluded

17. Election of chairperson

18. Term of office

19. Ceasing to hold office

20. Power to manage

21. Appointment of officers

22. Duty of care of directors and officers

Legal Regime Applicable to Port Authorities
23. Liability arising when acting as agent of Crown

24. Financial Administration Act

25. No appropriation

26. No guarantee

27. Regulations

Capacity and Powers
28. Capacity and powers

29. Powers of port authority re railways

30. Power to make by-laws

31. Borrowing powers

32. Powers to invest

33. Deemed knowledge of letters patent

Annual Meeting
34. Annual meeting

35. Meeting open to public

36. Annual financial statements

Financial Management
37. Public to get financial statements

38. Books and systems

39. Business plan

40. Manner of presenting information

Special Examinations
41. Special examinations

42. Report

43. Examiner - auditor

Property
44. Federal Real Property Act

45. Powers and obligations where management given

46. Disposition of federal real property

47. Navigable Waters Protection Act

48. Land-use plan

Fees
49. Fixing of fees

50. Discrimination among users

51. Notice of new or revised fees

52. Complaints

53. Fees by contract

Official Languages
54. Official Languages Act

Liquidation and Dissolution
55. Liquidation and dissolution

Port Traffic Control
56. Traffic control zones

57. Notice

58. Traffic control

59. Offences and punishment

60. Application to military and police ships

Order and Safety
61. Order and safety

Regulations
62. Regulations

63. Powers re airport regulations

64. Evidence of limits of navigable waters

PART 2

PUBLIC PORTS

Designation by Governor in Council
65. Designation by regulation

66. Federal Real Property Act

Fees
67. Fixing of fees

68. Services

Harbour Masters and Wharfingers
69. Harbour masters and wharfingers

Agreements
70. Agreements

Federal Real Property
71. Leases and licences

72. Agreements for disposal or transfer

General
73. Navigable Waters Protection Act

Regulations
74. Regulations

75. Coming into force of regulations

Traffic Control
76. Traffic control

PART 3

SEAWAY

Interpretation
77. Definitions

Objectives
78. Objectives

Powers of Minister
79. Powers of Minister

80. Transfer

81. Consolidated Revenue Fund

82. Rights and obligations preserved

Annual Meeting
83. Meeting open to public

Financial Management
84. Public to get financial statements

85. Books and systems

86. Audit

Special Examinations
87. Special examinations

88. Report

89. Examiner - other qualified auditor

Property
90. Federal Real Property Act

91. Powers re property of Her Majesty

Fees
92. Fees

93. Discrimination among users

94. Notice of fees

Official Languages Act
95. Official Languages Act

Dissolution
96. Dissolution of Authority

97. Location of Authority

Regulations
98. Regulations

Traffic Control
99. Traffic control

General
100. Powers of United States authority

101. Navigable Waters Protection Act

102. International Boundary Waters Treaty Act

PART 4

REGULATIONS AND ENFORCEMENT

Interpretation
103. Definitions

Regulations
104. Regulations

105. Regulations

Traffic Control
106. Traffic control

Liability for Fees
107. Ships and cargo

Enforcement
Designation

108. Enforcement officers

Inspection

109. Powers of enforcement officers

110. Duty to assist enforcement officers

Search and Seizure

111. Warrant

112. Where warrant not necessary

113. Powers during search

114. Entry

Detention of Ships

115. Detention - enforcement officer

116. Notice of detention order to be served on master

117. Sale of ship where no appearance and no security

118. Notice

119. Claiming interest

120. Payment of proceeds

Other Powers
121. Sale of perishable goods

122. Lien on ships

123. Obstruction of ports

124. Rights exercisable

125. Other remedies

Offences and Punishment
126. Offence

127. Offence and fine

128. Separate offence

129. Order to comply

PART 5

HUMAN RESOURCES

Seaway
130. Successor rights

131. Designation of employees

Local Port Corporations
132. Successor rights

Harbour Commissions
133. Successor rights

Non-corporate Ports of Canada Ports Corporation
134. Designation by Minister

135. Successor rights

136. Minister's powers

137. Delegation

138. Public Service Staff Relations Act

General
138.1 Public Service Superannuation Act

PART 6

MISCELLANEOUS

139. Dissolution of Canada Ports Corporation

140. Agreements - Marine Atlantic Inc.

141. Regulations - The Jacques-Cartier and Champlain Bridges Inc.

142. Regulations - The Seaway International Bridge Corporation, Ltd.

143. Ridley Terminals Inc.

144. Review of Act

PART 7

AMENDMENTS TO THE PILOTAGE ACT

145 to 158. Amendments to Pilotage Act

PART 8

CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE

Consequential Amendments
159 to 162. Access to Information Act

163. Canada Transportation Act

164 to 166. Canadian Environmental Assessment Act

167. Canadian Transportation Accident Investigation and Safety Board Act

168 to 172. Federal-Provincial Fiscal Arrangements Act

173 to 180. Financial Administration Act

181. Fishing and Recreational Harbours Act

182. Canada Labour Code

182.1 to 188. Municipal Grants Act

189. Navigable Waters Protection Act

190 to 194. Privacy Act

195 and 196. Canada Shipping Act

Repeals
197. Canada Ports Corporation Act

198. The Hamilton Harbour Commissioners' Act

199. The Hamilton Harbour Commissioners' Act, 1951

200. The Hamilton Harbour Commissioners' Act, 1957

201. Harbour Commissions Act

202. Public Harbours and Port Facilities Act

203. St. Lawrence Seaway Authority Act

204. The Toronto Harbour Commissioners' Act, 1911

204.1 The Toronto Harbour Commissioners' Act, 1985

Coming into Force
205. Coming into force

SCHEDULE