Good morning.
In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the Canada Marine Act was enacted in 1998.
One of the outcomes of this legislation was the establishment of Canada port authorities. There are currently 18 port authorities across Canada, and each is incorporated under their own letters patent. They are autonomous entities operating independent from the federal government. Their mandates are to manage their marine infrastructure and services in a commercial manner that encourages and takes into account input from users and the community in which the port is located.
They have boards of directors composed of between seven and eleven directors. The majority of the appointments to the boards are made by the Governor in Council. The individuals are nominated by the minister, and in some cases are in consultation with port authority users. Additionally, municipalities and provinces also appoint directors to the port authority boards.
Most appointments in the Transport portfolio become effective at a date set by the Governor in Council. However, effective dates of appointments to port authorities are not determined by the Governor in Council. Under subsection 14(2.2) of the Canada Marine Act, these appointments come into effect when port authorities are notified. This appears to be a unique constraint to the Governor in Council's power to appoint.
In addition, a distinct mechanism is required to track and monitor effective dates for appointments to port authorities. This results in additional administrative processes. A total of 95 Governor in Council appointments are affected, which represents one-third of all appointments in the Transport portfolio.
To assist in standardizing effective dates throughout the Transport portfolio, the government is proposing to amend the Canada Marine Act. As a result, the Governor in Council would set the effective date of appointments to port authorities. This change would also improve efficiency in administrative processes.
The amendment does not change any of the qualifications or other requirements for appointments to port authorities. It is a change to the effective date of the appointment only.
Thank you.