Halifax-Dartmouth Port Development Commission Act

Link to law: http://nslegislature.ca/legc/statutes/halport.htm
Published: 2016-01-05

Halifax-Dartmouth Port Development Commission Act

CHAPTER 193 OF THE REVISED STATUTES, 1989

amended 2000, c. 4, ss. 15-17size>

An Act to Incorporate
the Halifax-Dartmouth
Port Development Commission

Short title
1 This Act may be cited as the Halifax-Dartmouth Port DevelopmentCommission Act. R.S., c. 193, s. 1.

Interpretation
2 In this Act,

(a) "Commission" means the Halifax-Dartmouth PortDevelopment Commission;

(b) "Minister" means the Minister of Economic Development;

(c) "Port of Halifax"

(i) means that geographic area encompassing all waterslying northwest of a line running between Tribune Head andHartlen Point, including all islands and lands accessingwaterfronts which are on the fourteenth day of August,1984, used or which may after that time become used forcommercial marine activities, and

(ii) includes all marine, truck, rail and air transportationservices and facilities contributing to or engaged in themovement, handling or storage of commercial goods in, onand through the seaports, highways, railroads and airportsand all complementary and support services associatedtherewith. R.S., c. 193, s. 2; 2000, c. 4, s. 15.

Halifax-Dartmouth Port Development Commission
3 The Halifax-Dartmouth Port Development Commission is herebyestablished as a body corporate. R.S., c. 193, s. 3.

Objects of Commission
4 The objects of the Commission are to

(a) promote the use of the Port of Halifax and its facilities;

(b) operate in close liaison and collaboration with the HalifaxPort Corporation, all levels of government and government bodies,private sector organizations, labour bodies, firms and individualswhose activities may in any way have a direct or indirect impact onthe efficient functioning and cost effectiveness of the Port ofHalifax;

(c) provide advice and guidance as required to all bodiesreferred to in clause (b);

(d) develop and maintain a liaison and close working relationshipwith the providers and users of the Port of Halifax facilities;

(e) develop current information on trends in the field oftransportation, including shipping line, port, trucking, rail and airrates and charges, and on factors affecting ports in general and thePort of Halifax in particular;

(f) develop and maintain an information bank for data collectedrelating to those matters referred to in clause (e);

(g) evaluate all such data and develop ideas and proposals foraction for the development of the Port of Halifax and for enhancingthe competitive position of the Port of Halifax in respect of otherports;

(h) develop and maintain a current and long- term marketingstrategy and to execute such marketing programs as may bedeveloped;

(i) promote and facilitate development programs for the Port ofHalifax;

(j) undertake effective public relations and communicationprograms for the purpose of informing shippers and the shippingindustry of the activities of the Port of Halifax, including organizingand funding port oriented publications and such other programs asmay promote the use of the Port of Halifax;

(k) promote the interest of the Port of Halifax to allgovernmental bodies and agencies;

(l) recommend to the Minister actions needed to improve thefacilities, operations and general efficiency of the Port of Halifaxand to improve the quality and cost of transportation services;

(m) advise the Minister and municipal units funding theCommission on all matters within its knowledge relating to theoperation of the Port of Halifax;

(n) generally do all things it deems prudent to promote andencourage the use of the Port of Halifax. R.S., c. 193, s. 4.

Chairman and members
5 (1) Subject to this Section, the Commission shall consist of notmore than twelve members, all of whom shall be appointed by theGovernor in Council and one of whom shall be appointed chairman by theGovernor in Council.

(2) The members shall include

(a) two persons nominated by the City of Halifax;

(b) one person nominated by the City of Dartmouth;

(c) one person nominated by the Municipality of theCounty of Halifax; and

(d) one person nominated by the Town of Bedford.

(3) Each member of the Commission may be appointed for a term notexceeding three years.

(4) No person may be appointed to the Commission for more than twoconsecutive terms.

(5) Notwithstanding subsections (3) and (4),

(a) of the first members appointed to the Commissionnominated by the City of Halifax,

(i) one shall be appointed for a term of one year,and

(ii) one shall be appointed for a term of three years;

(b) the first members appointed to the Commissionnominated by each of the City of Dartmouth, theMunicipality of the County of Halifax and the Town ofBedford shall be appointed for a term of one year;

(c) the remainder of the first members appointed to theCommission shall be appointed for terms of one, two andthree years so as to provide for overlapping terms;

(d) each member appointed for an initial term notexceeding one year pursuant to this subsection may not bere-appointed for more than two consecutive terms followingthe expiry of his initial term.

(6) Notwithstanding any other provision of this Act, each member ofthe Commission holds office during pleasure but, where a member isnominated by the City of Halifax, the City of Dartmouth, the Municipalityof the County of Halifax or the Town of Bedford, the member nominatedby the municipality may not be removed prior to the end of the membersterm except upon the request of the municipality that nominated theappointee.

(7) A vacancy on the Commission does not impair the right of theremaining members of the Commission to exercise the powers andperform the functions of the Commission.

(8) Subject to the approval of the Governor in Council, theCommission shall pay to each member of the Commission such fees orremuneration as the Commission may by by-law determine and shallreimburse each member for reasonable travel and living expenses incurredby him in carrying out his duties. R.S., c. 193, s. 5.

Fiscal year, books of account and annual report
6 (1) The fiscal year of the Commission is from the first day ofApril to the thirty-first day of March next following.

(2) The Commission shall cause to be kept at its principal office, orsuch other place as the Commission may direct, proper books ofaccounting respecting

(a) all sums of money received and expended by theCommission and the matters in respect of which the receiptand expenditure took place; and

(b) the assets or liabilities of the Commission.

(3) The accounts of the Commission

(a) may from time to time be audited and reported uponby the Auditor General; and

(b) shall from time to time and at least once every year beaudited and reported upon by an auditor or auditors licensedunder the Public Accountants Act, as may be named by theCommission, and the expenses of the audit shall be paid bythe Commission as part of the costs of administration of theCommission.

(4) On or before the first day of October of each year, the Commissionshall provide, to the Minister and to each of the Cities of Halifax andDartmouth, the Town of Bedford and the Municipality of the County ofHalifax, a report of the activities of the Commission for the precedingfiscal year, which report shall include clear and comprehensive statementsexhibiting

(a) the audited results of the yearly operations of theCommission ending on the preceding thirty-first day ofMarch;

(b) the audited financial position of the Commission as atthe preceding thirty-first day of March; and

(c) such other financial reports and matters as may appearto be of public interest in relation to the Commission.

(5) repealed 2000, c. 4, s. 16.

R.S., c. 193, s. 6; 2000, c. 4, s. 16.

Budget
7 (1) The Commission shall provide the Minister with a proposedbudget for its 2000-2001 fiscal year, which proposed budget shall set outthe expenditures the Commission estimates will be necessary in order toeffect a wind up of the operations of the Commission and the transfer ofsuch assets and liabilities of the Commission as is necessary to effect thewind up.

(2) The Minister may approve the budget of the Commission asdescribed in subsection (1).

(3) Where the Minister has approved the budget, the Province and theHalifax Regional Municipality shall contribute to the Commission thetotal budget approved by the Minister in the same proportion to eachother as in previous fiscal years.

(4) Any deficit or surplus in the contributions required for the windingup of the Commission shall be shared by the Province and the HalifaxRegional Municipality in the same proportions as provided in subsection(3). 2000, c. 4, s. 17.

Personnel
8 The Commission may appoint such officers and employees as itdeems necessary for the administration of the affairs of the Commissionand shall fix the salaries, wages and other remuneration of such officersand employees and determine their powers and duties. R.S., c. 193, s. 8.

By-laws
9 (1) Subject to subsection (2), the Commission may make by-laws not inconsistent with this Act for the purpose of attaining its objectsand exercising its powers.

(2) A by-law made pursuant to subsection (1) is not effective unlessand until it is approved by the Governor in Council.

(3) The exercise by the Governor in Council of the authority undersubsection (2) is a regulation within the meaning of the Regulations Act. R.S., c. 193, s. 9.

Borrowing
10 Without limiting the generality of powers conferred on theCommission by an enactment, the Commission may borrow money on ashort term basis as determined from time to time by the Governor inCouncil. R.S., c. 193, s. 10.

Halifax-Dartmouth Port Commission
11 (1) All the property, assets and undertakings of the Halifax-Dartmouth Port Commission, established pursuant to Chapter 96 of theActs of 1969, are vested in the Commission.

(2) All the liabilities of the Halifax-Dartmouth Port Commission are theliabilities of the Commission. R.S., c. 193, s. 11.

Tax exemption
12 The Commission and its property are exempt from taxation underor pursuant to any Act of the Legislature. R.S., c. 193, s. 12.
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