Organization Profile - Nanaimo Port Authority

Minister of Transport

Under the 1995 National Marine Policy, 19 major Canadian ports were deemed vital to Canada's domestic and international trade. These 19 ports were designated Canada Port Authorities (CPAs) under The Canada Marine Act which received Royal Assent on June 11, 1998. Canada Port Authorities were created to operate particular ports on behalf of the Government of Canada. In certain cases, CPAs possess the power to engage in activities related to shipping, navigation and transportation of passengers and goods. They may also be given Crown land to operate and manage, but not to own. They may, however, acquire and own land in their own name. CPAs are required to be self-sufficient and fund their operations through the revenues that they generate. Under Section 25 of the Canada Marine Act, CPAs are not eligible for federal funding, other than grants of general application or in the case of emergencies. The Nanaimo Port Authority has the mandate to administer, control, and manage the harbour, waters and foreshore of the Georgia Strait in an area adjacent to Nanaimo, British Columbia.

Nanaimo, British Colombia

Canada Marine Act

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

• the Governor in Council appoints one individual nominated by the Minister;
• the City of Nanaimo appoints one individual;
• the province of British Columbia appoints one individual; and
• the Governor in Council appoints the four remaining individuals nominated by the Minister in consultation with 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 following individuals may not be directors of a port authority: 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 Parliament or an officer or employee of the federal public administration, including an officer or employee in a federal Crown corporation; an individual who is not a resident Canadian, as defined in subsection 2(1) of 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.

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.