Vol. 147, No. 7 — March 27, 2013

Registration

SOR/2013-29 March 5, 2013

CANADA MARINE ACT

Regulations Amending the Schedule to the Canada Marine Act

The Minister of Transport, pursuant to subsection 6(2) (see footnote a) of the Canada Marine Act (see footnote b), makes the annexed Regulations Amending the Schedule to the Canada Marine Act.

Ottawa, February 25, 2013

DENIS LEBEL
Minister of Transport

REGULATIONS AMENDING THE SCHEDULE TO THE CANADA MARINE ACT

AMENDMENT

1. The reference to

Belledune Port Authority
Administration portuaire de Belledune

in Part 2 of the schedule to the Canada Marine Act (see footnote 1) is replaced by the following:

  1. Belledune Port Authority
  2. Oshawa Port Authority

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

In January 2012, the Oshawa Harbour Commission was established as a Canada Port Authority under subsection 10(1) of the Canada Marine Act (the Act). As part of transition measures, legislative amendments are necessary to ensure that the appropriate legal framework applies to the Oshawa Port Authority, and that the Port Authority can properly manage the port.

Objectives

The objective of this amendment is to bring the Oshawa Port Authority under the same legal framework as all other Canada Port Authorities.

Issue

The inclusion of the Oshawa Port Authority in the schedule of the Act will trigger the application of legislation and regulations to the Oshawa Port Authority, such that the Port Authority will be subject to the same legal requirements as all other Canada Port Authorities and have the same authorities to maintain safety and order at the port.

Description

The amendment adds the Oshawa Port Authority to Part 2 of the schedule of the Act.

Consultation

Consistent with past practices when other Canada Port Authorities were added to the schedule of the Act, the amendment to add the Oshawa Port Authority was subject to a 30-day public consultation period. No comments were received.

Small business lens

The small business lens does not apply to this proposal.

Rationale

As per section 6 of the Act, the Minister may, by regulation, amend the schedule to the Act so as to bring the Oshawa Port Authority under the same legal framework as all other Canada Port Authorities.

Implementation, enforcement and service standards

Section 127 of the Act provides that a person who contravenes regulations under the Act for which no penalty is otherwise provided is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual and of not more than $50,000 in the case of a corporation.

In addition, section 128 of the Act provides that when an offence under this Act is committed by a person on more than one day or is continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Contact

Tim Meisner
Director General
Marine Policy
Transport Canada
Place de Ville, Tower C, 25th Floor
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Fax: 613-998-1845
Email: OPAregulations-APOreglements@tc.gc.ca