British Columbia Guide to Watershed Law and Planning
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  Canada Marine Act

Canada Marine Act

The Canada Marine Act is intended to make the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and turning over to them harbours and ports.  The Minister of Transportation administers the Act.

A Port Authority, created under this Act, will administer lands associated with the Port or Habour it is responsible for.  It will also have powers over ships coming into the Port. The directors of a Port Authority are appointed by the federal, provincial and local municipal governments, making the Port Authority somewhat accountable to several levels of government. 

Although not primarily an environmental statute, providing a high level of safety and environmental protection is listed as one of the Act’s objectives.  In addition to choosing how to manage the Port Authority, the Act provides that:

·         A Port Authority must develop a land-use plan for the port and its facilities that “takes into account relevant social, economic and environmental matters and zoning by-laws that apply to adjacent lands.”  The plan must be advertised in the local paper and a public meeting held to hear from the public before the plan is adopted. (s. 48 of the Act)

·         The Port Authority may set “practices and procedures” to be followed by ships in the port, and appoint officers to ensure that they are followed, with environmental protection in mind.  (s. 56)

In addition, the federal cabinet can make regulations providing for environmental protection of a Port. 

 

For more information about the Canada Marine Act

·                     Electronic text of the Canada Marine Act.

·                     Transport Canada web-site.

 

 
 
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