GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Marine Act — C-6.7 59
Offences and punishment 59 (1) Subject to subsection (2), a person or ship is guilty of an offence and liable to a fine of not more than $5,000 where the offence is committed in respect of a ship of twenty metres in length or less, or to a fine of not more than $50,000 where the offence is committed in respect of a ship exceeding twenty metres in length, if the person or ship (a) does not follow the practices and procedures established by a port authority under paragraph 56(1)(b) or have the capacity to use the radio frequencies specified by the port authority under that paragraph; (b) does not do what a person designated under subsection 58(1) requires the person or the ship to do under that subsection; (c) fails to comply with subsection 58(3); or (d) knowingly makes a false or misleading statement, either orally or in writing, to a person designated under subsection 58(1). Defence available in certain cases (2) It is a defence to a charge under subsection (1) that the master, the person in charge of the deck watch or other person in charge of the ship or the pilot (a) had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property; and (b) in the case of a charge under paragraph (1)(b), had notified the person designated under subsection 58(1) of the non-compliance and of the reasons for it as soon as possible after it took place. Proof of offence by ship (3) Where a ship is prosecuted for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any person on board the ship, whether or not the person on board has been identified. 1998, c. 10, s. 59; 2008, c. 21, s. 32
Canada Marine Act — C-6.7 60
Application to military and police ships 60 For greater certainty, Canadian warships, naval auxiliary ships and other ships under the command of the Canadian Forces, ships of a visiting force within the meaning of the Visiting Forces Act and any other ships while they are under the command of the Royal Canadian Mounted Police have access to Canadian ports.
Canada Marine Act — C-6.7 61
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. Marine transportation security (2) Subject to any regulations made under the Marine Transportation Security Act , a port authority shall take appropriate measures for the maintenance of marine transportation security. 1998, c. 10, s. 61; 2008, c. 21, s. 33; 2014, c. 39, s. 230
Canada Marine Act — C-6.7 62
Regulations 62 (1) For the purposes of this Part, the Governor in Council may make regulations respecting (a) the navigation and use by ships of the navigable waters in a port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships; (b) the use and environmental protection of a port, including the regulation or prohibition of equipment, structures, works and operations; (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation in a port and provision for the recovery of the costs incurred; (d) the maintenance of order and the safety of persons and property in a port; (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the port authority; (e) the regulation of persons, vehicles or aircraft in a port; (f) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a port or to affect any of the lands adjacent to a port; (g) the regulation or prohibition of the transportation, handling or storing, in a port, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property; and (h) the obligations of a port authority in respect of federal real property and federal immovables under the management of the port authority. Application (2) A regulation made under subsection (1) may apply to only one port. Application to Crown (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province. Transitional (4) Subject to subsection 49(6), any regulations made before the coming into force of this section with respect to a port in respect of which letters patent are issued to a port authority shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of the expiration of twelve months after the letters patent are issued and the date on which regulations to replace them are made under subsection (1) with respect to that port. 1998, c. 10, s. 62; 2001, c. 4, s. 143; 2008, c. 21, s. 34
Canada Marine Act — C-6.7 63
Powers re airport regulations 63 (1) A port authority has, in respect of the operation of an airport, the power to enforce regulations made by the Minister for the purpose of providing unobstructed airspace for the landing and taking off of aircraft at the airport. Regulating airports (2) Subject to its letters patent, a port authority (a) shall make regulations in accordance with any agreement entered into by it with respect to an airport before the coming into force of this subsection; and (b) may make regulations with the approval of the Governor in Council if there is no such agreement. Regulations (3) The regulations referred to in subsection (2) are for the regulation and control of the airport and all persons engaged in the operation of aircraft at the airport, including regulations prohibiting the landing or taking off of aircraft of a certain type or aircraft exhibiting a certain characteristic. Application to Crown (4) A regulation made under subsection (2) may be made binding on Her Majesty in right of Canada or a province. Transitional (5) Subject to subsection 49(6), any regulations made with respect to an airport before the coming into force of subsection (2) by a body that becomes a port authority under section 12 shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of (a) the expiration of 12 months after letters patent are issued in respect of the port authority, and (b) the date on which regulations to replace them are made under subsection (2) with respect to the airport.
Canada Marine Act — C-6.7 64
Evidence of limits of navigable waters 64 A port authority may erect marks or signs to indicate the limits of the navigable waters under its jurisdiction and every mark or sign so erected is evidence of the limits of those waters.
Canada Marine Act — C-6.7 64.2
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. 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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.3
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). 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.4
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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.5
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). 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.6
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). 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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.7
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). 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.8
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 . 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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.9
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 . 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.91
Service Fees Act 64.91 For greater certainty, the Service 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). 2014, c. 39, s. 231; 2017, c. 20, s. 454
Canada Marine Act — C-6.7 64.92
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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 64.93
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. 2014, c. 39, s. 231
Canada Marine Act — C-6.7 65
Designation by regulation 65 (1) The Governor in Council may, by regulation, (a) designate as a public port any navigable waters within the jurisdiction of Parliament and any land covered by the navigable waters, if the land is under the administration of the Minister, including any related foreshore; (b) define the limits of a public port; and (c) designate any port facility under the administration of the Minister as a public port facility. Deemed public ports (2) Every port and port facility that on the coming into force of this section was a public harbour or public port facility to which the Public Harbours and Port Facilities Act applied is deemed to have been designated under subsection (1). Deemed public ports (3) With the exception of a port for which a port authority is incorporated under Part 1, every port and facility to which the Canada Ports Corporation Act applied on the coming into force of this section is deemed to have been designated under subsection (1). Deemed public ports (4) For greater certainty, the Governor in Council may make regulations under subsection (1) in respect of any public harbour or public port facility that is deemed under subsection (2) or (3) to have been designated and, in the case of a public port, define its limits. Evidence of limits of navigable waters (5) The Minister may have marks or signs erected to indicate the limits of the navigable waters of a public port and every mark or sign so erected is evidence of the limits of those waters. Repeal of designations (6) The Governor in Council may, by regulation, repeal the designation of a public port or public port facility made or deemed to have been made under this section. Orders continued (7) A termination order made under subsection 8(2) of the Public Harbours and Port Facilities Act is deemed to be a regulation made under subsection (6) and continues in force until it is repealed under the latter subsection. 1998, c. 10, s. 65; 2008, c. 21, s. 35
Canada Marine Act — C-6.7 66
Federal Real Property and Federal Immovables Act 66 (1) For the purposes of the Federal Real Property and Federal Immovables Act , the Minister has the administration of the federal real property and federal immovables that form part of a public port or public port facility. Other ports and facilities (2) The Minister does not have the administration of the federal real property and federal immovables that are under the administration of any other member of the Queen’s Privy Council for Canada. Power of Minister (3) For greater certainty, the repeal of the designation of a public port or public port facility does not terminate the application of the Federal Real Property and Federal Immovables Act to the federal real property and federal immovables that formed part of the port or facility and that are owned by Her Majesty in right of Canada. 1998, c. 10, s. 66; 2001, c. 4, s. 144; 2008, c. 21, s. 36(F)
Canada Marine Act — C-6.7 67
Fixing of fees 67 (1) The Minister may fix the fees to be paid in respect of (a) ships, vehicles, aircraft and persons coming into or using a public port or public port facility; (b) goods loaded on ships, unloaded from ships or transhipped by water within the limits of a public port or stored in, or moved across, a public port facility; and (c) any service provided by the Minister, or any right or privilege conferred by the Minister, in respect of the operation of a public port or public port facility. Interest (2) The Minister may fix the interest rate to be charged on overdue fees. Application to Crown (3) The fees and the interest rate may be made binding on Her Majesty in right of Canada or a province. Application to military and police ships (4) The fees fixed under paragraphs (1)(a) and (b) do not apply in respect of a Canadian warship, naval auxiliary ship or other ship under the command of the Canadian Forces, a ship of a visiting force within the meaning of the Visiting Forces Act or any other ship while it is under the command of the Royal Canadian Mounted Police.
Canada Marine Act — C-6.7 68
Services 68 The Minister may enter into agreements to provide services, rights or privileges, as the Minister considers appropriate, at a public port or public port facility and may agree by contract to accept fees other than those fixed under subsection 67(1) for those services, rights and privileges.
Canada Marine Act — C-6.7 69
Harbour masters and wharfingers 69 (1) The Minister may appoint as a harbour master or wharfinger for all or part of a public port or public port facility any person who, in the Minister’s opinion, is qualified and assign responsibilities to that person, including the responsibility to collect fees and interest on fees. Remuneration (2) The Minister may fix the remuneration to be paid to a harbour master or wharfinger and the amounts of the remuneration may, notwithstanding anything in the Financial Administration Act , be paid out of the fees collected in respect of public ports and public port facilities. Transitional (3) An appointment as a harbour master or wharfinger made by the Minister under subsection 11(2) of the Public Harbours and Ports Facilities Act , and the remuneration determined by the Governor in Council under subsection 11(3) of that Act in respect of that appointment, continue in effect as though they had been made and fixed under this section. 1998, c. 10, s. 69; 2008, c. 21, s. 37
Canada Marine Act — C-6.7 70
Agreements 70 The Minister may enter into agreements with any person or body in respect of the management or operation of a public port or public port facility, or a group of them.
Canada Marine Act — C-6.7 71
Leases and licences 71 (1) Despite the Federal Real Property and Federal Immovables Act , the Minister may lease any federal real property or federal immovable that forms, or formed, part of a public port or public port facility or grant a licence in respect of the property, for twenty years or for a longer period with the approval of the Governor in Council. Application of provincial law (2) A lease or licence of any federal real property or federal immovable may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be leased or a licence may be granted by a private person. 1998, c. 10, s. 71; 2001, c. 4, s. 145; 2008, c. 21, s. 38(F)
Canada Marine Act — C-6.7 72
Agreements for disposal or transfer 72 (1) The Minister may enter into agreements in respect of (a) the disposal of all or part of the federal real property and federal immovables that formed part of a public port or public port facility by sale or any other means; and (b) the transfer of the administration and control of all or part of the federal real property and federal immovables that formed part of a public port or public port facility to Her Majesty in right of a province. Content of agreements (2) The agreements may include (a) provisions for the performance and enforcement of obligations under the agreements; and (b) any other terms and conditions that the Minister considers appropriate. Security (3) The Minister may (a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under the agreements or any security granted in substitution for them; and (b) release or realize on any security referred to in paragraph (a). Authority to carry out agreements (4) The Minister may take any measures that the Minister considers appropriate to carry out the agreements and to protect the interests or enforce the rights of Her Majesty under them. Disposal and transfer (5) The disposal or transfer of federal real property and federal immovables may be effected under the authority of this section or the Federal Real Property and Federal Immovables Act . Application of provincial law (6) The disposal or transfer of federal real property and federal immovables under this section may be effected by any instrument by which, under the laws in force in the province in which that property is situated, real property or immovables may be transferred by a private person. (7) [Repealed, 2008, c. 21, s. 39] Minister responsible (8) Subject to any regulations made under section 74, the Minister continues to have the management of public ports and public port facilities that the Minister has not disposed of or transferred. 1998, c. 10, s. 72; 2001, c. 4, s. 146; 2008, c. 21, s. 39
Canada Marine Act — C-6.7 73
Canadian Navigable Waters Act 73 The Canadian Navigable Waters Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 74. 1998, c. 10, s. 73; 2008, c. 21, s. 40; 2012, c. 31, s. 343 2019, c. 28, s. 186
Canada Marine Act — C-6.7 74
Regulations 74 (1) The Governor in Council may make regulations for the management, control, development and use of public ports and public port facilities, including regulations respecting (a) the navigation and use by ships of a public port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships; (b) the use and environmental protection of public ports and public port facilities, including the regulation or prohibition of equipment, structures, works and operations; (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation within the limits of a public port and provision for the recovery of the costs incurred; (d) the maintenance of order and the safety of persons and property within the limits of a public port or at a public port facility; (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the Minister; (e) the regulation of persons, vehicles or aircraft within the limits of a public port or at a public port facility; (f) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a public port or the operation of a public port facility or to affect any of the lands adjacent to a port or facility; and (g) the regulation or prohibition of the transportation, handling or storing, within the limits of a public port or at a public port facility, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property. Application (2) A regulation made under subsection (1) may apply to only one public port or public port facility. Application to Crown (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province. 1998, c. 10, s. 74; 2008, c. 21, s. 41
Canada Marine Act — C-6.7 75
Coming into force of regulations 75 Regulations made under section 12 of the Public Harbours and Port Facilities Act are deemed to have been made under this Part and continue in force until (a) in the case of regulations in respect of rates, tolls, fees or other charges, they are repealed by the Minister; and (b) in any other case, they are repealed by regulations made under subsection 74(1).
Canada Marine Act — C-6.7 76
Traffic control 76 Subject to regulations made under subsection 74(1), a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in a public port, and sections 56 to 59 apply with such modifications as the circumstances require, except that, in making those modifications to section 58, the references in that section to a person or member of a class of persons designated under subsection 58(1) shall be taken to be references to a person or member of a class of persons designated under this section.