Skip to main content

Bill C-44

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF
Period for specified classes

(3) The Governor in Council may, by regulation, prescribe periods of less than one hundred and twenty days within which the Agency shall make its recommendation in respect of proposed charges set out in notices of objection.

Obligation to reimburse

(4) Where the Agency recommends a charge that is lower than that prescribed by the Authority, the Authority shall reimburse to any person who has paid the prescribed charge the difference between it and the recom mended charge, with interest at the rate quoted by banks to the most credit-worthy borrowers for prime business loans, as determined by the Bank of Canada for the day on which the Agency recommends the lower charge.

Subsection 34(1) does not apply

(5) The publication requirements of subsec tion 34(1) do not apply in respect of pilotage charges fixed pursuant to a recommendation of the Agency.

Copy submitted to Minister

(6) The Agency shall submit a copy of its recommendation to the Minister immediately after it is made.

Governor in Council may vary or rescind

(7) Section 40 of the Canada Transporta tion Act applies, with such modifications as the circumstances require, in respect of every recommendation of the Agency under subsec tion (1) as if the recommendation were a decision made pursuant to that Act.

135. The Act is amended by adding the following before section 36:

No appropriation

36.01 Notwithstanding any authority given under any other Act, no payment to an Authority may be made under an appropri ation by Parliament to enable the Authority to discharge any obligation or liability.

136. Section 36 of the Act is replaced by the following:

Borrowing

36. An Authority may, for the purpose of defraying its expenses, borrow money in Canada or elsewhere in an amount not more than the maximum fixed for the Authority by the Governor in Council.

136.1 Paragraph 48(a) of the Act is replaced by the following:

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

136.2 The Act is amended by adding the following after section 48:

Contraven-
tion

48.1 A person who contravenes section 15.3 is guilty of an offence and liable to a fine of not more than $10,000 for each day on which the offence is committed or continued.

136.3 Section 49 of the Act is replaced by the following:

To whom fines paid

49. All fines collected pursuant to this Act, other than section 48.1, shall be paid to the Authority concerned.

137. The Act is amended by adding the following after section 52:

REPORT TO PARLIAMENT

Review and report by Authorities

53. (1) The Minister shall, in consultation with each Authority, its users and other persons affected, before December 31, 1997, review the pilot certification process for masters and officers, training and licensing requirements for pilots, compulsory pilotage area designations, dispute resolution mecha nisms and the measures taken in respect of financial self-sufficiency and cost reduction, and prepare a report of the findings.

Tabling of report

(2) The Minister shall have a copy of each report laid before each House of Parliament on any of the first thirty days on which that House is sitting after the Minister prepares it.

138. The schedule to the Act is amended by replacing the name ``Great Lakes Pilot age Authority, Ltd.'' with the name ``Great Lakes Pilotage Authority''.

PART VIII

CONSEQUENTIAL AMENDMENTS, REPEALS, CONDITIONAL AMENDMENT AND COMING INTO FORCE

Consequential Amendments

R.S., c. A-1

Access to Information Act

139. Schedule I to the Access to Informa tion Act is amended by striking out the following under the heading ``Other Gov ernment Institutions'':

Canada Ports Corporation

    Société canadienne des ports

Great Lakes Pilotage Authority, Ltd.

    Administration de pilotage des Grands Lacs, Limitée

140. 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

141. 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

141.1 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

Halifax Port Authority

    Administration portuaire de Halifax

Montreal Port Authority

    Administration portuaire de Montréal

Prince Rupert Port Authority

    Administration portuaire de Prince- Rupert

Quebec Port Authority

    Administration portuaire de Québec

Saint John Port Authority

    Administration portuaire de Saint-Jean

St. John's Port Authority

    Administration portuaire de St. John's

Vancouver Port Authority

    Administration portuaire de Vancouver

1996, c. 10

Canada Transportation Act

142. Subsection 50(3) of the Canada Transportation Act is replaced by the follow ing:

Restriction

(3) No regulation made under subsection (1) shall require or have the effect of requiring any person to provide the Minister with a contract referred to in subsection 68(1) or a contract entered into under subsection 126(1) or under section 44 of the Canada Marine Act.

1992, c. 37

Canadian Environmental Assessment Act

143. (1) The portion of the definition ``federal authority'' in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following:

    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 Har bour Commissioners' Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corpo ration within the meaning of the Financial Administration Act, a not-for-profit corpo ration that enters into an agreement under subsection 69(2) of the Canada Marine Act or a port authority established under that Act;

(2) Paragraph (a) of the definition ``fed eral lands'' in subsection 2(1) of the Act is replaced by the following:

      (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 adminis tration 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 corpora tion that has entered into an agreement under subsection 69(2) of that Act,

144. Section 9 of the Act is replaced by the following:

Assessments by harbour commissions and port authorities

9. Before the Hamilton Harbour Commis sioners 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 subsection 69(2) 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) in relation to a project, it shall ensure that an assessment of the environmental effects of the project is conducted in accordance with any regulations made for that purpose under paragraph 59(k) as early as is practicable in the planning stages of the project and before irrevocable decisions are made.

1993, c. 34, s. 40(2)(F)

144.1 Paragraph 59(k) of the Act is replaced by the following:

    (k) respecting the manner of conducting assessments of the environmental effects of, and follow-up programs for, projects for which The Hamilton Harbour Commission ers constituted pursuant to The Hamilton Harbour Commissioners' Act, The Toronto Harbour Commissioners constituted pur suant to The Toronto Harbour Commission ers' Act, 1911, any harbour commission established pursuant to the Harbour Com missions Act, a not-for-profit corporation that enters into an agreement under subsec tion 69(2) 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;

1989, c. 3

Canadian Transportation Accident Investigation and Safety Board Act

145. Paragraphs 29(1)(c) and (d) of the Canadian Transportation Accident Inves tigation and Safety Board Act are replaced by the following:

    (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 49(1) or section 65, 87 or 94 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 re lated matters

      (i) that take place between any of the following persons, namely, Coast Guard radio station operators, ship crew mem bers (including masters, officers, pilots and ice advisers), and staff of vessel traffic services centres, persons desig nated under subsection 49(1) or section 65, 87 or 94 of the Canada Marine Act, rescue coordination centres and sub centres, 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.

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

145.1 Section 31 of the Federal-Provincial Fiscal Arrangements Act is amended by adding the following after subsection (2.1):

Amendments to Schedule I

(2.2) The Governor in Council may, by order, amend Schedule I

    (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.

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

Canada Ports Corporation

    Société canadienne des ports

Halifax Port Corporation

    Société de port de Halifax

Montreal Port Corporation

    Société du port de Montréal

Port of Quebec Corporation

    Société de port de Québec

Prince Rupert Port Corporation

    Société de port de Prince Rupert

Vancouver Port Corporation

    Société du port de Vancouver

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

Great Lakes Pilotage Authority, Ltd.

    Administration de pilotage des Grands Lacs, Limitée

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

The St. Lawrence Seaway Authority

    Administration de la voie maritime du Saint-Laurent

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

Great Lakes Pilotage Authority

    Administration de pilotage des Grands Lacs

Previous Page Table of Contents Next Page