Canada Marine Act

Marginal note: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.

• Marginal note: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).

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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and Port Facilities Act is deemed to be a regulation made under subsection (6) and continues in force until it is repealed under the latter subsection.