ARCHIVED — Vol. 147, No. 7 — March 27, 2013
SOR/2013-29 March 5, 2013
CANADA MARINE ACT
Regulations Amending the Schedule to the Canada Marine Act
Ottawa, February 25, 2013
Minister of Transport
REGULATIONS AMENDING THE SCHEDULE TO THE CANADA MARINE ACT
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:
- Belledune Port Authority
- 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.)
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.
The objective of this amendment is to bring the Oshawa Port Authority under the same legal framework as all other Canada Port Authorities.
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.
The amendment adds the Oshawa Port Authority to Part 2 of the schedule of the Act.
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.
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.
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