Halifax-Dartmouth Port Development Commission Act

Short title

1 This Act may be cited as the Halifax-Dartmouth Port Development Commission Act. R.S., c. 193, s. 1.

Interpretation

2 In this Act,

(a) "Commission" means the Halifax-Dartmouth Port Development Commission;

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

(c) "Port of Halifax"

(i) means that geographic area encompassing all waters lying northwest of a line running between Tribune Head and Hartlen Point, including all islands and lands accessing waterfronts which are on the fourteenth day of August, 1984, used or which may after that time become used for commercial marine activities, and

(ii) includes all marine, truck, rail and air transportation services and facilities contributing to or engaged in the movement, handling or storage of commercial goods in, on and through the seaports, highways, railroads and airports and all complementary and support services associated therewith. R.S., c. 193, s. 2; 2000, c. 4, s. 15.

Halifax-Dartmouth Port Development Commission

3 The Halifax-Dartmouth Port Development Commission is hereby established 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 Halifax Port Corporation, all levels of government and government bodies, private sector organizations, labour bodies, firms and individuals whose activities may in any way have a direct or indirect impact on the efficient functioning and cost effectiveness of the Port of Halifax;

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

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

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

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

(g) evaluate all such data and develop ideas and proposals for action for the development of the Port of Halifax and for enhancing the competitive position of the Port of Halifax in respect of other ports;

(h) develop and maintain a current and long- term marketing strategy and to execute such marketing programs as may be developed;

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

(j) undertake effective public relations and communication programs for the purpose of informing shippers and the shipping industry of the activities of the Port of Halifax, including organizing and funding port oriented publications and such other programs as may promote the use of the Port of Halifax;

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

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

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

(n) generally do all things it deems prudent to promote and encourage 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 not more than twelve members, all of whom shall be appointed by the Governor in Council and one of whom shall be appointed chairman by the Governor 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 the County of Halifax; and

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

(3) Each member of the Commission may be appointed for a term not exceeding three years.

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

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

(a) of the first members appointed to the Commission nominated 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 Commission nominated by each of the City of Dartmouth, the Municipality of the County of Halifax and the Town of Bedford shall be appointed for a term of one year;

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

(d) each member appointed for an initial term not exceeding one year pursuant to this subsection may not be re-appointed for more than two consecutive terms following the expiry of his initial term.

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

(7) A vacancy on the Commission does not impair the right of the remaining members of the Commission to exercise the powers and perform the functions of the Commission.

(8) Subject to the approval of the Governor in Council, the Commission shall pay to each member of the Commission such fees or remuneration as the Commission may by by-law determine and shall reimburse each member for reasonable travel and living expenses incurred by 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 of April to the thirty-first day of March next following.

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

(a) all sums of money received and expended by the Commission and the matters in respect of which the receipt and 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 upon by the Auditor General; and

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

(4) On or before the first day of October of each year, the Commission shall provide, to the Minister and to each of the Cities of Halifax and Dartmouth, the Town of Bedford and the Municipality of the County of Halifax, a report of the activities of the Commission for the preceding fiscal year, which report shall include clear and comprehensive statements exhibiting

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

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

(c) such other financial reports and matters as may appear to 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 proposed budget for its 2000-2001 fiscal year, which proposed budget shall set out the expenditures the Commission estimates will be necessary in order to effect a wind up of the operations of the Commission and the transfer of such assets and liabilities of the Commission as is necessary to effect the wind up.

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

(3) Where the Minister has approved the budget, the Province and the Halifax Regional Municipality shall contribute to the Commission the total budget approved by the Minister in the same proportion to each other as in previous fiscal years.

(4) Any deficit or surplus in the contributions required for the winding up of the Commission shall be shared by the Province and the Halifax Regional 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 it deems necessary for the administration of the affairs of the Commission and shall fix the salaries, wages and other remuneration of such officers and 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 objects and exercising its powers.

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

(3) The exercise by the Governor in Council of the authority under subsection (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 the Commission by an enactment, the Commission may borrow money on a short term basis as determined from time to time by the Governor in Council. 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 the Acts of 1969, are vested in the Commission.

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

Tax exemption

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