GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Marine Act — C-6.7 129.03
Regulations 129.03 The Governor in Council may make regulations (a) designating any of the following as a provision or instruction whose contravention may be proceeded with as a violation, namely, (i) any provision of this Act, other than paragraphs 59(1)(d) and 126(b), (ii) any provision of the regulations, or (iii) any instruction that may be given under the regulations; (b) establishing the maximum administrative monetary penalty for a particular violation, which may not exceed $5,000 in the case of an individual and $25,000 in the case of a corporation or ship; (c) establishing criteria to be taken into account in determining the penalty; (d) designating provisions or instructions the contravention of which, if continued on more than one day, constitutes a separate violation in respect of each day during which the violation is continued; (e) respecting the service of the notice that is required to be served under subsection 129.05(1), including the manner and proof of service and the circumstances under which the notice is deemed to be served; and (f) generally, for carrying out the purposes and provisions of this section and sections 129.04 to 129.17. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.04
Criteria for penalty 129.04 The administrative monetary penalty imposed is, in each case, to be determined taking into account (a) the purpose of the penalty, which is to promote compliance with this Act and not to punish; (b) the seriousness of the violation, including the frequency and duration of the conduct; (c) the history of the person or ship that has been served with the notice of violation with respect to any prior violation or conviction under this Act within the five-year period immediately before the violation; and (d) any other criteria established under paragraph 129.03(c). 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.05
Notice of violation 129.05 (1) If an enforcement officer believes on reasonable grounds that a person or ship has committed a violation, the officer may issue, and shall cause to be served on the person or ship, a notice of violation. Content of notice (2) The Minister may establish the form and content of notices of violation, but each notice of violation shall (a) name the person or ship believed to have committed the violation; (b) identify the violation; (c) set out the administrative monetary penalty that the person or ship is liable to pay; (d) set out the particulars concerning the time for and manner of paying the penalty and the time for and manner of requesting a review; and (e) inform the person or ship that, if they do not pay the penalty or request a review in accordance with the particulars set out in the notice, they will be deemed to have committed the violation and the penalty set out in the notice will be imposed. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.06
Option 129.06 A person or ship that has been served with a notice of violation shall either pay the penalty set out in the notice or file with the Appeal Tribunal a written request for a review of the facts of the alleged violation or of the amount of the penalty. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.07
Payment of penalty 129.07 If the person or ship pays the penalty in accordance with the particulars set out in the notice of violation, the person or ship is deemed to have committed the violation and proceedings in respect of the violation are ended. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.08
Request for review 129.08 (1) A request for a review shall be filed with the Appeal Tribunal at the address set out in the notice of violation on or before the date specified in the notice or within any further time that the Appeal Tribunal, on application, may allow. Time and place for review (2) On receipt of the request, the Appeal Tribunal shall appoint a time and place for the review and shall so notify, in writing, the Minister and the person or ship that filed the request. Review procedure (3) The member of the Appeal Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship that filed the request with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden of establishing that a person or ship has committed the violation identified in the notice is on the Minister. Person or ship not compelled to testify (5) A person or ship that is alleged to have committed a violation is not required, and may not be compelled, to give any evidence or testimony in the matter. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.09
Failure to pay penalty or request review 129.09 A person or ship that neither pays the penalty nor files a request for a review in accordance with the particulars set out in the notice of violation is deemed to have committed the violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.1
Determination by Appeal Tribunal member 129.1 (1) At the conclusion of a review under section 129.08, the member of the Appeal Tribunal who conducts the review shall without delay inform the person or ship and the Minister of the member’s determination on the review. No violation (2) If the member determines that the person or ship has not committed the alleged violation, then, subject to section 129.11, no further proceedings may be taken against the person or ship in respect of the alleged violation. Violation (3) If the member determines that the person or ship has committed the alleged violation, then the member shall also inform the person or ship and the Minister of the administrative monetary penalty determined by the member to be payable in respect of the violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.11
Right of appeal 129.11 (1) The Minister or a person or ship affected by a determination made under section 129.1 may, within 30 days after the determination, appeal it to the Appeal Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Appeal Tribunal that is assigned to hear the appeal may dispose of the appeal by dismissing it or allowing it and, in allowing the appeal, the panel may substitute its decision for the determination appealed against. Obligation to inform (4) If the appeal panel finds that a person or ship has committed the alleged violation, the panel shall without delay inform the person or ship of the finding and of the administrative monetary penalty determined by the panel to be payable in respect of the violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.12
Debts due to Her Majesty 129.12 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction: (a) unless a review of the facts of the alleged violation or the amount of the penalty is requested in accordance with the particulars set out in the notice of violation, the amount of a penalty set out in the notice, beginning on the day on which the notice was served; (b) the amount of a penalty determined by a member of the Appeal Tribunal under section 129.1 or decided by the appeal panel of the Appeal Tribunal under section 129.11, beginning on the day on which the respective determination or decision was made; and (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b). 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.13
Certificate 129.13 (1) All or part of a debt referred to in section 129.12 in respect of which there is a default of payment may be certified by the Appeal Tribunal at the request of the Minister. Judgments (2) On production in any superior court, a certificate made under subsection (1) is to be registered in that court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.14
Directors and officers of corporations 129.14 If a corporation commits a violation, every person who at the time of the commission of the violation was a director or officer of the corporation is a party to and liable for the violation unless the act or omission constituting the violation took place without the person’s knowledge or consent or the person exercised due diligence to prevent the commission of the violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.15
Vicarious liability — acts of employees, agents and mandataries 129.15 A person or ship is liable for a violation that is committed by their employee acting within the scope of their employment or their agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against, unless the person or ship establishes that the violation was committed without the person’s or ship’s knowledge or consent. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.16
Violations not offences 129.16 For greater certainty, a violation is not an offence. Accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.17
Due diligence available 129.17 Due diligence is a defence in a proceeding in respect of a violation. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.18
How act or omission may be proceeded with 129.18 If an act or an omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.19
Time limit 129.19 (1) No proceedings in respect of a violation or a prosecution for an offence may be commenced later than one year after the subject-matter of the proceedings became known to the Minister. Certification by Minister (2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof that the Minister became aware of the subject-matter on that day. 2008, c. 21, s. 57
Canada Marine Act — C-6.7 130
Successor rights 130 On the coming into force of an agreement entered into under subsection 80(5), sections 44 to 46 of the Canada Labour Code apply as if (a) a sale of a business had taken place between the St. Lawrence Seaway Authority and the person who has entered into the agreement; and (b) the employees designated under section 131 for the property or undertaking that is the subject of the agreement were employees of the business.
Canada Marine Act — C-6.7 131
Designation of employees 131 The Minister may designate any employee who performs duties or functions in respect of properties or undertakings that are the subject of an agreement entered into under subsection 80(5) as a designated employee for that property or undertaking.
Canada Marine Act — C-6.7 132
Successor rights 132 On the continuance of a local port corporation under section 12 as a port authority, sections 44 to 46 of the Canada Labour Code apply as if (a) a sale of a business had taken place between the local port corporation and the port authority; and (b) the employees of the local port corporation were employees of the business.
Canada Marine Act — C-6.7 133
Successor rights 133 Where, under section 10, letters patent are issued to a harbour commission continuing it as a port authority, sections 44 to 46 of the Canada Labour Code apply as if (a) a sale of a business had taken place between the harbour commission and the port authority; and (b) the employees of the harbour commission were employees of the business. 1998, c. 10, s. 133; 2008, c. 21, s. 58
Canada Marine Act — C-6.7 134
Designation by Minister 134 For the purposes of sections 135 to 137, the Minister may designate any employee of the Canada Ports Corporation who performs duties or functions in respect of a non-corporate port, within the meaning of the Canada Ports Corporation Act , as a designated employee for that port.
Canada Marine Act — C-6.7 135
Successor rights 135 (1) Where, under section 12, letters patent as a port authority are issued to a non-corporate port, sections 44 to 46 of the Canada Labour Code apply as if (a) a sale of a business had taken place between the Canada Ports Corporation and the port authority; and (b) the employees designated under section 134 for that non-corporate port were employees of the business. Successor rights (2) Notwithstanding any provision of the Canada Labour Code to the contrary, that Act applies after the date of the repeal of the Canada Ports Corporation Act in respect of the employment of the employees designated under section 134 in respect of non-corporate ports, other than non-corporate ports that are continued as port authorities under section 12, and, for those purposes, sections 44 to 46 and 189 of the Canada Labour Code apply as if a sale of a business had taken place between the Canada Ports Corporation and the Minister on behalf of Her Majesty. Deemed continuous (3) The employment of the designated employees is deemed to be continuous.
Canada Marine Act — C-6.7 136
Minister’s powers 136 (1) The Minister may, on behalf of Her Majesty, appoint any employees that the Minister considers appropriate for the operation of a non-corporate port, other than a non-corporate port continued as a port authority under section 12, and may, subject to any collective agreement in force, determine the terms and conditions of employment and remuneration, assign duties and functions and terminate employment in respect of those employees and of the employees whose employment is continued under subsection 135(2). Government Employees Compensation Act (2) For the purposes of the Government Employees Compensation Act , the employees referred to in subsection (1) are deemed to be employees in the federal public administration. 1998, c. 10, s. 136; 2003, c. 22, s. 114
Canada Marine Act — C-6.7 137
Delegation 137 The Minister may delegate the powers and responsibilities of Her Majesty as employer under Part I of the Canada Labour Code to any person the Minister considers appropriate.
Canada Marine Act — C-6.7 138
Federal Public Sector Labour Relations Act 138 For greater certainty, the Federal Public Sector Labour Relations Act does not apply to designated employees of a non-corporate port that is continued as a port authority under section 12, or to employees appointed under subsection 136(1), after the date of the repeal of the Canada Ports Corporation Act . 1998, c. 10, s. 138; 2003, c. 22, s. 223(E); 2017, c. 9, s. 55
Canada Marine Act — C-6.7 138.1
Public Service Superannuation Act 138.1 For the purposes of section 40.1 of the Public Service Superannuation Act , the continuance or incorporation of a local port corporation or a non-corporate port as a port authority under section 12 is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.
Canada Marine Act — C-6.7 138.2
Pension transfer agreement 138.2 A person who has entered into an agreement under subsection 80(5) and every port authority shall take all reasonable steps to negotiate with the President of the Treasury Board a pension transfer agreement in accordance with section 40.2 of the Public Service Superannuation Act in respect of employees referred to in paragraph 130(b), 132(b) or 135(1)(b), as the case may be.
Canada Marine Act — C-6.7 138.3
Employee benefits 138.3 For the purposes of sections 138.4 to 138.6, “employee benefits” includes coverage and benefits in respect of employer-sponsored pension plans and of life, income protection, health care and dental care insurance plans.
Canada Marine Act — C-6.7 138.4
Seaway 138.4 A person who has entered into an agreement under subsection 80(5) shall, in respect of an employee referred to in paragraph 130(b), provide employee benefits that (a) begin on the day of the transfer under paragraph 80(6)(f) or, if there is transitional coverage provided in respect of the person under section 40.1 of the Public Service Superannuation Act , on the expiry of the period of transitional coverage; (b) are comparable to the employee benefits of the employee immediately before the transfer under paragraph 80(6)(f) and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before that transfer; and (c) end on the day on which an agreement to the contrary comes into force between the person and the bargaining agent representing the employee or, in the case of an unrepresented employee, the person and the employee.
Canada Marine Act — C-6.7 138.5
Local port corporations 138.5 A port authority shall, in respect of an employee referred to in paragraph 132(b), provide employee benefits that (a) begin on the day on which the port authority is continued under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act , on the expiry of the period of transitional coverage; (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the local port corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the local port corporation; and (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.
Canada Marine Act — C-6.7 138.6
Non-corporate ports 138.6 A port authority shall, in respect of an employee referred to in paragraph 135(1)(b), provide employee benefits that (a) begin on the day on which the port authority is deemed to be incorporated under subsection 12(1) or, if there is transitional coverage provided in respect of the port authority under section 40.1 of the Public Service Superannuation Act , on the expiry of the period of transitional coverage; (b) are comparable to the employee benefits of the employee immediately before ceasing to be an employee of the Canada Ports Corporation and at a rate of contribution by the employee not greater than the rate that was applicable in respect of the employee immediately before ceasing to be an employee of the Canada Ports Corporation; and (c) end on the day on which an agreement to the contrary comes into force between the port authority and the bargaining agent representing the employee or, in the case of an unrepresented employee, the port authority and the employee.
Canada Marine Act — C-6.7 139
Dissolution of Canada Ports Corporation 139 (1) On the repeal of the Canada Ports Corporation Act , the Canada Ports Corporation is dissolved and all its assets and obligations devolve to the Crown under the administration of the Minister. Consequences for former directors (2) The directors of the Canada Ports Corporation cease to hold office on the coming into force of section 197 and have no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent of Her Majesty for ceasing to hold office by virtue of this section. Consequences for officers (3) Neither the Canada Ports Corporation nor Her Majesty in right of Canada is bound by any severance agreement entered into between the Corporation and any of its officers after December 1, 1995.
Canada Marine Act — C-6.7 140
140 [Repealed before coming into force, 2008, c. 20, s. 3]
Canada Marine Act — C-6.7 141
Regulations — The Jacques-Cartier and Champlain Bridges Inc. 141 The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Jacques-Cartier and Champlain Bridges Inc., with any modifications that the Governor in Council considers appropriate.
Canada Marine Act — C-6.7 142
Regulations — The Seaway International Bridge Corporation, Ltd. 142 The Governor in Council may, by regulation, provide that any provision of the St. Lawrence Seaway Authority Act and the regulations made under that Act, including provisions imposing punishment, apply to The Seaway International Bridge Corporation, Ltd., with any modifications that the Governor in Council considers appropriate.
Canada Marine Act — C-6.7 144
Review of Act 144 A review of the provisions and operation of this Act shall be completed by the Minister during the fifth year after this Act is assented to. The Minister shall cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.
Canada Marine Act — C-6.7 Coming into force
 and items 1, 8 to 13 and 16 of Part 1 of the schedule in force May 1, 1999, see SI/99-39; in section 162, the reference to the Toronto Port Authority, in section 184, the reference to the Toronto Port Authority, in section 194, the reference to the Toronto Port Authority, sections 204 and 204.1 and item 15 of Part 1 of the schedule in force June 8, 1999, see SI/99-55; in section 162, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority, in section 184, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority, in section 194, the references to the Nanaimo Port Authority, the North Fraser Port Authority, the Port Alberni Port Authority and the Thunder Bay Port Authority and items 5 to 7 and 14 of Part 1 of the schedule in force July 1, 1999, see SI/99-62; in section 162, the reference to the Windsor Port Authority, in section 184, the reference to the Windsor Port Authority, in section 194, the reference to the Windsor Port Authority and item 18 of Part 1 of the schedule in force July 1, 1999, see SI/99-63; subsection 65(3), section 143, subsection 159(1), in section 169, the reference to the Canada Ports Corporation, sections 173 and 177, in section 180, the reference to the Canada Ports Corporation and sections 183, 190 and 197 in force November 1, 2000, see SI/2000-93; in section 162, the reference to the Hamilton Port Authority, in section 184, the reference to the Hamilton Port Authority, in section 194, the reference to the Hamilton Port Authority, sections 198 to 200 and item 3 of Part 1 of the schedule in force May 1, 2001, see SI/2001-55; sections 179, 186, 195, 195.1 and 196 repealed before coming into force, see 2008, c. 20, s. 3; sections 178 and 185 in force February 13, 2014, see SI/2014-12; section 140 repealed before coming into force, see 2008, c. 20, s. 3.]
Canada Marine Act — C-6.7 11
Transitional — cross-references 11 (1) In any Act of Parliament, other than in a provision amended by sections 12 to 16, or in any proclamation, regulation, order, instrument or other document, a reference to the Ontario Court (General Division) or the Ontario Court (Provincial Division) shall be construed, with respect to any transaction, matter or event occurring after the coming into force of this section, as a reference to (a) in the case of the Ontario Court (General Division), the Superior Court of Justice or the Superior Court of Justice in and for the Province of Ontario, as the case may require; and (b) in the case of the Ontario Court (Provincial Division), the Ontario Court of Justice.