Organization Profile - Belledune Port Authority

Port of Belledune

Minister of Transport

Canada Marine Act
http://laws.justice.gc.ca/eng/acts/C-6.7/page-6.html#h-13

The Board shall consist of seven directors. The directors of the Authority shall be appointed to hold office as follows:

• the Governor in Council appoints one individual nominated by the Minister;
• the Village of Belledune appoints one individual;
• the province of New Brunswick appoints one individual; and
• the Governor in Council appoints the four remaining individuals nominated by the Minister in consultation with the users selected by the Minister or with the classes of users.

The directors are appointed to hold office for any term of not more than three years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one half of the directors, the terms being renewable twice only.

A director shall serve no more than nine consecutive years on the board.

If a successor has not been appointed at the expiry of a director’s term, the director continues to hold office until their term is renewed or their successor is appointed.

No person is eligible to be appointed as a director within twelve months after the expiration of their term or renewed term.

The directors are appointed to serve part-time.

The directors of a port authority shall have generally acknowledged and accepted stature within the transportation industry or the business community and relevant knowledge and extensive experience related to the management of a business, to the operation of a port or to maritime trade.

The Board shall elect a chairperson of the Board from among its members for a term not exceeding two years, the term being renewable.

The following individuals may not be directors:

• an individual who is a mayor, councillor, officer or employee of a municipality mentioned in the letters patent;
• an individual who is a member of the legislature of a province, or an officer or employee of the public service or of a Crown corporation of a province, mentioned in the letters patent;
• a Senator or a member of the House of Commons or an officer or employee of the federal public administration, a federal Crown corporation or a port authority;
• an individual who is not a resident Canadian, as defined in the Canada Business Corporations Act;
• an individual who is a director, officer or employee of a person who is a user of the port;
• an individual who is under eighteen years of age;
• an individual who has been declared mentally incompetent by a court in Canada or elsewhere; or
• an undischarged bankrupt.

A director shall cease to hold office when:

• the director dies or resigns;
• the director is removed for cause by the authority that made the appointment, namely, the Governor in Council, the municipalities or the province or provinces, as the case may be;
• the director is no longer qualified to hold the office of director under section 16 of the Canada Marine Act.

The Canada Marine Act specifies the Governor in Council appoints four directors nominated by the Minister in consultation with the users selected by the Minister or the classes of users mentioned in the letters patent.

The quorum necessary for the transaction of business at a meeting of the Board shall be a majority of the number of directors in office of which the Authority has actual knowledge of their appointment. A quorum of directors may exercise all powers of the Board.