Shared Governance Organizations

NAV CANADA

Mandate:

NAV CANADA provides civil air navigation services by promoting safety and efficiency through innovation, including new technologies.

NAV CANADA is a private, not-for-profit, non-share capital corporation, incorporated under the Canada Not-for-profit Corporations Act. The entity is self-financing, receives no support from government, and relies on fees charged to users of its services.

NAV CANADA provides: aeronautical communication services, aeronautical information services, aeronautical radio navigation services, air traffic control services, aviation weather services, emergency assistance services, and flight information services, in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

NAV CANADA’s Board of Directors is comprised of 15 Directors, at least two-thirds of whom must be Canadian citizens, including the President and Chief Executive Officer:

• four Directors elected by commercial carriers through the National Airlines Council of Canada (NACC);
• one Director elected by business and general aviation through the Canadian Business Aviation Association (CBAA);
• three Directors elected by the Government of Canada;
• two Directors elected by employee unions;
• four independent Directors elected by the Board

Port Authorities:

Mandate:

Canada Port Authorities (CPAs) advance the growth and prosperity of the Canadian economy by managing key marine infrastructure/services in a commercial manner, accounting for input from users and local communities.

There are currently 17 CPAs established under the Canada Marine Act (CMA) (Vancouver Fraser, Nanaimo, Prince Rupert, Port Alberni, Thunder Bay, Toronto, Windsor, Hamilton-Oshawa, Trois-Rivières, Sept-Îles, Saguenay, Québec, Montréal, St. John’s, Saint John, Halifax, and Belledune). CPAs handle 60% of Canada’s commercial cargo tonnage (335 million tonnes in 2017).

CPAs are federally incorporated, autonomous, non-share corporations that are expected to be self-sufficient and operate independently from the federal government but within the parameters of the CMA and their Letters Patent. Letters Patent outline the port’s governance, major activities and powers, and set out the lands and waters under a CPA’s management.

The CMA provides the Minister of Transport the authority to establish a regulatory framework regarding marine safety, security, environmental protection, as well as a responsibility to monitor compliance with these frameworks (e.g., prohibit a CPA from certain activities that could impact the soil, water or air quality in the interest of environmental protection).

CPAs’ core activities focus on shipping and navigation (e.g., transporting goods and passengers). CPAs also conduct non-core activities (e.g., borrowing to support transportation undertakings and land acquisition under their own names) to support port operations. When conducting non-core activities, CPAs are not acting as “agents of the Crown” and are solely responsible for such undertakings. CPAs are not Crown corporations pursuant to the Financial Administration Act.

Each CPA is governed by a board of directors, which is responsible for setting the strategic direction of the CPA and overseeing operational decisions, including establishing its management cadre. Boards comprise 7 to 11 representatives appointed by the provincial (1) and municipal (1) governments, and federal (1) and port user group representatives (4-6) appointed by the Governor in Council upon the recommendation of the Minister. Directors have a fiduciary responsibility to the CPA, and not to their appointing body.

Below is the list of the 17 CPAs and their Chief Executive Officers (CEO) and Chairpersons.

Airport Authorities:

Mandate:

21 airport authorities are designated pursuant to s. 2 of the Airport Transfer (Miscellaneous Matters) Act. Each airport authority leases its airport(s) from the federal government and is solely responsible for operating, maintaining, and developing the airport(s) in accordance with the terms of the lease between the authority and the federal government.

Airport authorities are private, not-for-profit, non-share capital corporations. They are not Crown corporations, nor Agents of the Crown. Airport authorities are incorporated under the Canada Not-for-profit Corporations Act, the Regional Airports Authorities Act (Alberta), and the Corporations Act (New Brunswick).

Airport authorities provide airport facilities and related infrastructure to allow ongoing commercial air service, including runways, air terminal buildings, baggage handling facilities, check-in facilities, facilities to allow government inspection, and for various ancillary activities.

Airport authorities are primarily infrastructure providers, not service providers and, with few exceptions (e.g., de-icing at Pearson), ground handling and related services (e.g., baggage handling, catering, fueling, check-in) are provided directly by airlines or by entities hired by airlines.

An airport authority’s board has between 9-15 directors. The governance structure is composed of member/directors (same individual) nominated by: the Minister of Transport (2 per authority); the Provincial Government (1 per authority); local municipalities (varies); and local non-governmental organizations (varies). Directors have a fiduciary duty to the airport authority and not to the entity that nominated them.

Per the National Airports Policy, airport authorities are to be financially independent. Airport authorities set their own fees and meet their own costs, through charges to aircraft operators, passengers, and commercial revenues. Some exceptions have occurred through various government infrastructure programs.

Below is the list of the 21 airport authorities and their Chief Executive Officers (CEO) and Chairpersons.

Buffalo and Fort Erie Public Bridge Authority:

Mandate:

The Buffalo and Fort Erie Public Bridge Authority has the authority to construct, maintain and operate an international bridge across the Niagara River between the city of Buffalo, in the state of New York, and the town of Fort Erie, in the province of Ontario.

The Peace Bridge was incorporated in 1933 pursuant to the laws of New York. In 1934, the Parliament of Canada enacted An Act respecting the Buffalo and Fort Erie Public Bridge Company, which empowered the Authority to acquire, hold and manage the bridge property and assets within Canada

The Authority is an arm's-length, bi-national shared governance organization entrusted by the governments of Canada and the State of New York, by authorization of the United States Congress, to ensure the effective conduit of trade and tourism between the two countries.

St. Lawrence Seaway Management Corporation:

Mandate:

The St. Lawrence Seaway Management Corporation (SLSMC) is responsible for the safe and efficient movement of goods through the Canadian Seaway facilities.

The Seaway was built as a bi-national partnership between Canada and the United States, and has been in operation since 1959. The St. Lawrence Seaway extends from Montréal to Lake Erie and consists of 15 locks and connecting canals/channels, as well as moving portions of bridges in two sections: the Montréal-Lake Ontario section, which comprises 7 locks (5 Canadian and 2 American); and the Welland Canal, which includes 8 Canadian locks.

The Canadian portion of the Seaway was commercialized in 1998, pursuant to the Canada Marine Act, and responsibility for its management was transferred to the SLSMC, which is a not-for-profit corporation. While the Government of Canada retains ownership of Canadian Seaway assets, the SLSMC is responsible for operating the Seaway and maintaining, repairing, acquiring and replacing the assets under its administration, pursuant to a framework agreement with the Minister of Transport, which expired on March 31, 2023. Management of the United States portion of the Seaway has always resided with the United States Department of Transportation through its Saint Lawrence Seaway Development Corporation.

The SLSMC is authorized to charge tolls and generate other revenues to finance its activities, which is supplemented by federal funds provided through a statutory appropriation to eliminate annual deficits.

The SLSMC has members (rather than shareholders), and is governed by a nine-member Board of Directors comprising one member appointed by the Minister of Transport; one member appointed by each of the Provinces of Ontario and Quebec; one member appointed by each industry class (domestic carriers, international carriers, grain, steel and iron ore and others); and the President and CEO, who is appointed by the Board.

In 2020, just over 37-million tonnes of cargo was transported on the Seaway. On average, trade along the Seaway is estimated to support 60,000 jobs in Canada and $59 billion in economic activity in both Canada and the United States.