GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Port Authorities Management Regulations — 55
55 (1) Every port authority and every wholly-owned subsidiary of a port authority shall ensure that, in respect of itself, a risk assessment is conducted by a competent risk assessor and contains an assessment relating to (a) risk, risk management, property value, risk transfer and probable maximum loss; (b) insurance coverage, limits and deductibles; and (c) underwriters. (2) The risk assessment shall be completed (a) not later than six months after the day on which the port authority is continued, deemed to be incorporated or incorporated under the Act; and (b) at least every five years after the most recent risk assessment. (3) The board of directors of every port authority and of each of the wholly-owned subsidiaries of a port authority shall (a) review each risk assessment report within 30 days after it is received by the port authority or the subsidiary; and (b) approve the insurance coverage annually. (4) In conducting a risk assessment, a risk assessor may, if acting reasonably and in good faith, rely on risk assessments conducted in respect of the property, liabilities and activities referred to in subsection 56(1).
Port Authorities Management Regulations — 56
56 (1) Every port authority and every wholly-owned subsidiary of a port authority shall ensure that insurance is maintained in accordance with subsection (2) in respect of (a) the property that the port authority or subsidiary manages, holds, owns or occupies; and (b) liability for the activities in which the port authority or subsidiary engages and for the activities that take place in the port. (2) The insurance shall (a) name the port authority or the wholly-owned subsidiary as the insured party or an additional insured; (b) name Her Majesty in right of Canada as an additional insured; (c) cover the risks and have limits and deductibles that (i) a prudent person in the position of owner of the property or a prudent person engaging in the activities referred to in paragraph (1)(b) would obtain or would require to be obtained, and (ii) take into account the most recent risk assessment conducted under section 55; and (d) be maintained with an underwriter that a prudent person in the position of owner of the property or a prudent person engaging in the activities referred to in paragraph (1)(b) would choose or require to be chosen, taking into account the most recent risk assessment conducted under section 55.
Port Authorities Management Regulations — 57
57 (1) Every port authority shall purchase and maintain insurance in accordance with subsection (3) for the benefit of itself and Her Majesty in right of Canada against liabilities incurred by it in respect of an indemnity given under subsection 25(1) or an advance given under subsection 28(1). (2) Every port authority and every wholly-owned subsidiary of a port authority shall ensure that insurance is purchased and maintained in accordance with subsection (3) for the benefit of both of them and Her Majesty in right of Canada against liabilities incurred by the subsidiary in respect of an indemnity or advance given by the subsidiary to (a) a former or current director or officer of the subsidiary for liabilities incurred by the director or officer because of being or having been a director or officer of the subsidiary; or (b) a person who, at the request of the subsidiary, has acted or is acting as a director or officer of another entity or has acted or is acting in a capacity similar to that of a director or officer of another entity for liabilities incurred by the person because of so acting. (3) The insurance shall (a) cover the risks and have limits and deductibles that (i) would be obtained by a prudent person in the position of the port authority or subsidiary, and (ii) take into account the most recent risk assessment conducted under section 55; and (b) be maintained with an underwriter that a prudent person in the position of the port authority or subsidiary would choose, taking into account the most recent risk assessment conducted under section 55.
Port Authorities Management Regulations — 58
58 (1) A port authority may purchase and maintain insurance for the benefit of (a) its former and current directors and officers against any liability incurred by them because of having been or being a director or officer of the port authority; (b) the former and current directors and officers of its wholly-owned subsidiaries against any liability incurred by them because of having been or being a director or officer of the subsidiary; and (c) any person who, at the request of the port authority, has acted or is acting as a director or officer of another entity or has acted or is acting in a capacity similar to that of a director or officer of another entity for any liability incurred by the person because of so acting. (2) The insurance shall cover only situations in which a person mentioned in subsection (1) acted honestly and in good faith with a view to the best interests of the port authority or the subsidiary, as the case may be.
Port Authorities Management Regulations — 59
59 (1) A port authority shall indemnify Her Majesty in right of Canada for any action, claim or demand brought against, discharged or satisfied by Her Majesty, or any liability, obligation, loss, damage, cost or expense incurred, discharged or satisfied by Her Majesty because the port authority acted, or in consequence of the port authority acting, as agent of Her Majesty, including, without limiting the generality of the foregoing, an action, claim, demand, liability, obligation, loss, damage, cost or expense arising (a) by or through the acts or omissions of the employees, agents, contractors, tenants or invitees of the port authority or those of any other person; or (b) in respect of a judgment or decision that Her Majesty satisfies, in whole or in part, under subsection 23(1) of the Act. (2) Subsection (1) applies if the action, claim, demand, liability, obligation, loss, damage, cost or expense arises (a) from the port authority’s exercise of, or its failure to exercise, any power or right under the Act, the regulations under the Act or its letters patent; or (b) by operation of law or otherwise, in respect of the operation of the port, including the management, using, occupying, leasing or licensing of federal real property. (3) Subsection (1) does not apply if the action, claim, demand, liability, obligation, loss, damage, cost or expense is in respect of (a) the administration, by the Minister, of the Act or the letters patent; or (b) an agreement or contract between Her Majesty and the port authority, except as provided in the agreement or contract. (4) The Minister shall provide to the port authority notice of any action, claim, demand, liability, obligation, loss, damage, cost or expense for which the port authority is to indemnify Her Majesty and (a) in the case of federal real property, the port authority shall undertake and defend any legal proceedings with respect to that property, as required by paragraph 45(1)(c) of the Act; and (b) in any other case, the Minister shall provide to the port authority an opportunity, in consultation with the Minister and subject to the terms and conditions that the Minister may specify, to assume control of any negotiations, settlement or defence and to discharge or satisfy the action, claim, demand, liability, obligation, loss, damage, cost or expense.
Port Authorities Management Regulations — 59.1
59.1 (1) The Governor in Council may, by issuing a certificate of intent to amalgamate, require two or more port authorities to amalgamate and continue as one port authority in accordance with the certificate and may, at any time after the period set out in subsection (2), amalgamate the port authorities by issuing a certificate of amalgamation. (2) A notice of the certificate of intent to amalgamate shall be published in at least one major newspaper that is published or distributed in the municipalities where the ports managed by a port authority specified in the certificate are situated. The notice shall state that interested persons may, in accordance with the notice, make written representations to the Minister within 30 days after the day on which the notice is published. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.2
59.2 A port authority specified in a certificate of intent to amalgamate may, for the purposes of the amalgamation, disclose personal information about its employees to any other port authority specified in the certificate. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.3
59.3 (1) The Governor in Council may revoke a certificate of intent to amalgamate by issuing a certificate of revocation of intent to amalgamate at any time before the certificate of amalgamation is issued. (2) A notice of the certificate of revocation of intent to amalgamate shall be published in at least one major newspaper that is published or distributed in the municipalities where the ports managed by a port authority specified in the certificate of intent to amalgamate are situated. If possible, the notice shall be published in the same newspapers as the notice of the certificate of intent to amalgamate. (3) The revocation takes effect on the date set out in the certificate of revocation of intent to amalgamate. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.4
59.4 A certificate of intent to amalgamate and, if applicable, a certificate of revocation of intent to amalgamate shall be sent to each port authority specified in the certificate. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.5
59.5 A certificate of amalgamation shall specify the day on which the amalgamation takes effect and contain the letters patent of the amalgamated port authority, which include the information set out in subsection 8(2) of the Act. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.6
59.6 Any certificate issued under this Part shall be published in the Canada Gazette . SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.7
59.7 On the day on which an amalgamation takes effect (a) every director of an amalgamating port authority who remains in office continues as a director of the amalgamated port authority for the balance of their term or until they cease to hold office in accordance with subsection 19(1) of the Act; (b) the navigable waters within the jurisdiction of each amalgamating port authority continue to be within the jurisdiction of the amalgamated port authority; (c) the property, rights and interests of each amalgamating port authority continue to be the property, rights and interests of the amalgamated port authority; (d) the management of any federal real property or federal immovable that the Minister has given to an amalgamating port authority under subsection 44(2) of the Act continues to be given to the amalgamated port authority; (e) the real property or immovables occupied by each amalgamating port authority continue to be occupied by the amalgamated port authority; (f) the amalgamated port authority continues to be liable for the obligations of each amalgamating port authority; (g) an existing cause of action, claim or liability to prosecution is unaffected; (h) a civil, criminal or administrative action or proceeding pending by or against an amalgamating port authority may be continued to be prosecuted by or against the amalgamated port authority; (i) a conviction against, or ruling, order or judgment in favour of or against, an amalgamating port authority may be enforced by or against the amalgamated port authority; (j) every fee fixed by an amalgamating port authority continues in force until the expiry date specified in the provision that fixes the fee or until the amalgamated port authority repeals that provision or replaces the fee; and (k) the letters patent contained in the certificate of amalgamation are the letters patent of the amalgamated port authority. SOR/2007-103, s. 1
Port Authorities Management Regulations — 59.8
59.8 An amalgamation does not constitute a disposition of the property, rights and interests of an amalgamating port authority to the amalgamated port authority. SOR/2007-103, s. 1
Port Authorities Management Regulations — 60
60 In this Part, the court having jurisdiction is the court in the place where the port authority has its registered office.
Port Authorities Management Regulations — 61
61 (1) On the issuance of a certificate of intent to dissolve under subsection 55(1) of the Act and subject to the provisions of the certificate and section 62 of these Regulations, the port authority shall cease to carry on business except the business that is required for an orderly liquidation. (2) Subject to section 62, after the issuance of a certificate of intent to dissolve, the port authority shall (a) without delay have notice of the certificate sent to each of its known creditors; (b) without delay take reasonable steps to give notice of the certificate in each province where the port authority was carrying on business at the time the certificate of intent to dissolve was issued; (c) proceed to collect its property, dispose of properties that are not to be distributed in kind, discharge all its obligations and do all the other acts required to liquidate its business; and (d) after complying with paragraphs (a) and (b) and adequately providing for the payment or discharge of all its obligations, remit the proceeds of liquidation to Her Majesty in right of Canada in accordance with subsection 55(1) of the Act.
Port Authorities Management Regulations — 62
62 If a liquidator is appointed to carry out a liquidation of the assets of a port authority, the powers of the directors cease and vest in the liquidator, unless the liquidator or a court authorizes otherwise.
Port Authorities Management Regulations — 63
63 The Minister or any interested person may, at any time during the liquidation of a port authority, apply to a court for an order that the liquidation be continued under the supervision of the court as provided in this Part, and on that application the court may so order and make any further order it thinks fit.
Port Authorities Management Regulations — 64
64 In connection with the dissolution or the liquidation and dissolution of a port authority, subject to the certificate of intent, a court may, if it is satisfied that the port authority is able to pay or adequately provide for the discharge of all its obligations, make any order it thinks fit including, without limiting the generality of the foregoing, (a) an order appointing or replacing a liquidator, with or without security, and fixing the remuneration of the liquidator, who, if the court so orders, may be a director or officer of the port authority; (b) an order appointing or replacing inspectors or referees, specifying their powers and fixing their remuneration; (c) an order determining that notice be given to any interested person or dispensing with giving notice to any person; (d) an order determining the validity of any claims made against the port authority; (e) an order, at any stage of the proceedings, restraining the directors or officers from (i) exercising any of their powers, or (ii) collecting or receiving any debt or other property of the port authority, or from paying out or transferring any property of the port authority, except as permitted by the court; (f) an order determining and enforcing the duty or liability of any present or former director or officer to (i) the port authority, or (ii) third parties, for an obligation of the port authority; (g) an order approving the payment, satisfaction or compromise of claims against the port authority and the retention of assets for that purpose, and determining the adequacy of provisions for the payment or discharge of obligations of the port authority, whether the obligations are liquidated, unliquidated, future or contingent; (h) an order disposing of or destroying the documents and records of the port authority; (i) on the application of a creditor, the inspectors or the liquidator, an order giving directions on any matter arising during the liquidation; (j) after notice has been given to all interested persons, an order relieving the liquidator from any omission or default on any terms that the court thinks fit and confirming any act of the liquidator; (k) subject to any restriction applicable to the port authority, an order approving any proposed interim or final distribution in money or in property; and (l) on the application of a director, an officer, a creditor or the liquidator, (i) an order staying the liquidation on any terms and conditions that the court thinks fit, (ii) an order continuing or discontinuing the liquidation proceedings, or (iii) an order to the liquidator to restore to the port authority all its remaining property.
Port Authorities Management Regulations — 65
65 A liquidator shall (a) without delay after being appointed, give notice of the appointment to the Minister and to each claimant and creditor known to the liquidator; (b) without delay after being appointed, publish notice in the Canada Gazette and once a week for two consecutive weeks in a newspaper published in the place where the port authority has its registered office and take reasonable steps to give that notice in each province where the port authority carried on business, requiring any person who (i) is indebted to the port authority to render an account and pay to the liquidator any amount owing at the day, time and place specified, (ii) possesses property of the port authority to deliver it to the liquidator at the day, time and place specified, and (iii) has a claim against the port authority, whether liquidated, unliquidated, future or contingent, to present particulars of the claim in writing to the liquidator not later than two months after the date of first publication of the notice; (c) without delay after being appointed, take into custody and control the property of the port authority; (d) without delay after being appointed, open and maintain a trust account for money received by the liquidator in the course of the liquidation; (e) keep accounts of the moneys of the port authority received and paid out in the course of the liquidation; (f) maintain separate lists of the creditors and other persons who have claims against the port authority; (g) if at any time the liquidator determines that the port authority is unable to pay or adequately provide for the discharge of its obligations, without delay apply to the court for directions; (h) deliver to the Minister and the court, if applicable, at least once in every 12-month period after appointment and, in addition, more often as the Minister or the court may require, the information required by section 36 of the Act and sections 34 to 38 of these Regulations; and (i) after the final accounts are approved under section 67, without delay remit the proceeds of liquidation to Her Majesty in right of Canada in accordance with subsection 55(1) of the Act.
Port Authorities Management Regulations — 66
66 (1) A liquidator may, subject to the certificate of intent, (a) retain lawyers, notaries, accountants, engineers, appraisers and other professional advisers; (b) bring, defend or take part in any civil, criminal or administrative action or proceeding in the name and on behalf of the port authority; (c) carry on the business of the port authority that is required for an orderly liquidation; (d) subject to any restriction applicable to the port authority, sell any property of the port authority by public auction or private sale; (e) do all acts and execute any documents in the name and on behalf of the port authority; (f) subject to any restriction applicable to the port authority, borrow money; (g) settle or compromise any claims by or against the port authority; and (h) do all other things necessary for the liquidation of the port authority and the distribution of its property. (2) A liquidator is not liable under these Regulations if the liquidator exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances to prevent a failure to fulfil their duties, including reliance in good faith on financial statements of the port authority, on the reports of experts and on information presented by officers or professionals. (3) If a liquidator has reason to believe that a person possesses or controls or has concealed, withheld or misappropriated property of the port authority, the liquidator may apply to a court for an order requiring the person to appear before the court on the day and at the time and place specified in the order and to be examined. (4) If the examination discloses that the person has concealed, withheld or misappropriated property of the port authority, the court may order the person to restore it to the liquidator or pay compensation for it.
Port Authorities Management Regulations — 67
67 (1) Subject to any restriction applicable to the port authority, a liquidator shall pay the costs of liquidation out of the property of the port authority and shall pay or make adequate provision for all the claims against the port authority. (2) Within one year after being appointed and after paying or making adequate provision for all the claims against the port authority, the liquidator shall apply to the court for (a) an approval of the final accounts of the liquidator and for an order permitting the remittance of the proceeds of liquidation to Her Majesty in right of Canada in accordance with subsection 55(1) of the Act; or (b) an extension of time, setting out the reasons for the extension. (3) The liquidator shall give notice of intention to make an application under subsection (2) to the Minister, to any inspector appointed by the court and to any person who provided a security or fidelity bond for the liquidation, and the liquidator shall publish the notice in a major newspaper published in the place where the port authority has its registered office or as otherwise directed by the court. (4) If the liquidator fails to make the application, the Minister may apply to the court for an order requiring the liquidator to show cause why a final accounting and distribution should not be made. (5) If the court approves the final accounts rendered by the liquidator, the court shall make (a) an order directing the custody or disposal of the documents and records of the port authority; and (b) an order discharging the liquidator that is contingent on the liquidator, forthwith on the issuance of the order, sending a certified copy of it to the Minister.
Port Authorities Management Regulations — 68
68 (1) Despite the dissolution of a port authority, (a) a civil, criminal, administrative, investigative or other proceeding by or against the port authority before its dissolution may be continued as if the port authority had not been dissolved; (b) a civil, criminal, administrative, investigative or other proceeding may be brought against the port authority within two years after its dissolution as if the port authority had not been dissolved; and (c) any property that would have been available to satisfy a judgment or order if the port authority had not been dissolved remains available for that purpose. (2) Service of a document on a port authority after its dissolution may be effected by serving it on the Minister. (3) Despite the dissolution of a port authority, a person to whom any of the port authority’s property is distributed is liable to any other person claiming under subsection (1) to the extent of the amount received by that person on the distribution, and an action to enforce that liability may be brought within two years after the date of the dissolution of the port authority.