Canada Marine Act

Marginal note:Powers re property of Her Majesty

• 91 (1) Where an agreement entered into under subsection 80(5) so provides, the person who has entered into the agreement

  • (a) need not pay compensation in respect of the use of the property that is owned by Her Majesty and managed by the person;

  • (b) may, notwithstanding the Financial Administration Act, retain and use the revenue received in respect of the property for the purpose of operating the Seaway;

  • (c) may lease the property under the person’s management and grant licences in respect of it;

  • (d) shall undertake and defend any legal proceedings with respect to the management of the property; and

  • (e) shall discharge all obligations with respect to the management of the property.

• Marginal note:Legal proceedings

  (2) A civil, criminal or administrative action or proceeding with respect to any federal real property or federal immovable that a person who has entered into an agreement under subsection 80(5) manages, or any property that the person holds, or with respect to any act or omission occurring on the property, shall be taken by or against the person and not the Crown.

• Marginal note:Federal Real Property and Federal Immovables Act does not apply

  (3) The Federal Real Property and Federal Immovables Act, other than section 12, does not apply to a lease or licence referred to in paragraph (1)(c).

• Marginal note:Application of provincial law

  (4) A lease or licence may be effected by any instrument by which real property or immovables may be leased or a licence may be granted by a private person under the laws in force in the province in which the property is situated.

• Marginal note:No pledge of property

  (5) A person who has entered into an agreement under subsection 80(5) may not mortgage, hypothecate, pledge or otherwise create a security interest in the property the person manages under that agreement in any way other than, where the agreement so provides, to pledge its revenues for the term of the agreement.