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marine
Our marine experience includes acting for Canada Port Authorities (CPAs) and Transport Canada in the port sector, and the consortium of users that organized and formed the St. Lawrence Seaway Management Corporation in the commercialization of the management and operations of the Seaway. In addition to providing day-to-day marine law advice, we participate in major commercial transactions such as the purchase or sale of marine businesses and the sophisticated financing of marine equipment, including cross-border sale/leaseback and leasing contracts. We are also engaged in the regulatory and public policy aspects of marine law, as well commercial and regulated dispute resolution. Members of the Transportation Group draw on the firm's other practice areas for advice on labour, taxes and duties.
We have extensive experience with respect to the establishment, governance, regulation and operation of CPAs. Our representative work includes advising on:
- the Federal Government's divestiture of its interest in ports and the conversion of these ports to CPAs and the St. Lawrence Seaway Management Corporation under the Canada Marine Act (CMA)
- the constating documents for CPAs, including the letters patent, supplementary letters patent and by-laws
- the amalgamation of ports
- the organizational objectives mandated by the CMA, including managing the process of appointing directors to the board, establishing policies of public consultation and mandates for board committees, ensuring compliance with the Code of Conduct for officers and directors and advising on related corporate and governance issues
- regulations relating to port management, operations and security
- issues relating to port property (including privately-owned real property and federal government-owned real property), environmental protection, land use and taxation
- the structure, financing and construction of major infrastructure projects at ports, including public-private partnerships (P3s)
- tendering of work contracts by CPAs
- the structure for fees at and taxation of CPAs, including the calculation of revenue charges and payments in lieu of taxes (PILT)
- residual government liability for divested port operations
- port interests in connection with reviews of and amendments to the CMA
- the importation of non-Canadian vessels into Canada and coasting trade waivers and duty emission
- shipbuilding
- transportation of dangerous goods
- financing of equipment purchases with cross-border leases and other forms of offshore financing
- bills of lading and the liability of carriers for damage to goods
- insurance claims
- oil pollution
Representative Transactions/Cases
- Acted in connection with the establishment, governance, regulation and operation of Canada Port authorities and the St. Lawrence Seaway Management Corporation, including Transport Canada's review of the Canada Marine Act and other marine policy matters
- Acted for Association of Canadian Port Authorities on corporate and marine policy matters
- Acted for Transport Canada in connection with the commercialization of the Port of Oshawa
- Acted for a major Canadian ship-owner on a new shipbuilding contract in China
- Acted on the structuring and implementation of a 700 passenger/200 vehicle high speed ferry service between Toronto and Rochester, including the negotiation of agreements for the operation of the ferry service and the construction, lease and operation of a Toronto Ferry Terminal with international border crossing facilities
- Acted for major Canadian consignor in connection with transportation of dangerous goods legislation and policy
- Acted for major European yacht manufacturer on construction and importation of large yachts
- Acted for finance provider in connection with the leveraged lease re-financing of passenger ferries and surface transportation equipment
Publications / Presentations
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May 2011
Investment in Canada's Asia-Pacific Gateway Infrastructure for Bulk v. Container Traffic
Transportation and Innovation: the Roles of Governments, Industry and Academia, Proceedings of the 46th Annual Conference of the Canadian Transportation Research Forum, Gatineau, Québec
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November 2010
Accountability and the Code of Conduct for Directors and Officers of Canada Port Authorities
ACPA's Annual Port Governance Seminar, Toronto, Ontario
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2010
Canada and U.S. Relations – Post Election – Legislation Review
64th Annual International Joint Conference of Canadian and U.S. Shipowners, Tampa, Florida
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2010
Corporate Summit on Emerging Directors Liabilities
Toronto
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2010
Policy and Regulation of Maritime Transport in Canada
The National Chamber of Merchant Marine, Mexico City
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May 2009
Infrastructure Funding, P3s and Port Projects
Presentation to ACPA Port Government Interface in Ottawa, May 11, 2009
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October 22, 2008
Accountability and the Code of Conduct for Directors and Officers of Canada Port Authorities
Presentation to ACPA's Annual Port Governance Seminar
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October 2007
The Code of Conduct: Tips and Traps for CPA Directors and Officers
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November 2006
The Code of Conduct for Ports: Lessons of Experience
Presentation: ACPA Governance Seminar, Halifax, November 14, 2006
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April 2004
Riding New Waves: Canadian Marine and Port Security Developments Post 9/11
Transportation Bulletin
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February 2004
PSEP and DHS: Implications For Business In Our New Security Conscious Environment
Public Safety and Emergency Preparedness Canada & US Department of Homeland Security Seminar
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September 2003
Bridging the Infrastructure Gap with Transportation P3s
Strategy Institute - GTA Infrastructure Summit - Toronto Board of Trade
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