Bill C-39: Key Maritime Law Developments

On September 21, 2026, the Government of Canada introduced Bill C-39, the Building Canada Strong Act (news release available here: Government of Canada introduces legislation to transform how Canada builds - Canada.ca). Bill C-39 proposes several changes of interest to Canada’s maritime sector.

 The Bill would amend the Canada Marine Act to expand the commercial powers of port authorities, revise port governance and fee-setting rules, broaden the grounds for Canadian Transportation Agency complaints, and strengthen federal powers concerning port and St. Lawrence Seaway security and operations.

 Other notable measures include:

• permitting foreign and non-duty-paid vessels to operate without a coasting trade licence during a declared emergency;
• clarifying the meaning of “receiver” under the Marine Liability Act for bulk hazardous and noxious substances discharged at Canadian ports and terminals to capture the party that physically receives bulk hazardous and noxious substances discharged at a Canadian port or terminal;
• repealing the Shipping Conferences Exemption Act, 1987;
• establishing a National Trade Corridors Council and enhanced oversight of certain port-related transactions; and
• revising federal impact-assessment and authorization processes affecting port, marine infrastructure and offshore energy projects.

 The amendments reflect an increased federal focus on port governance, transportation security, supply-chain resilience and the approval of major infrastructure projects.

 Of note, Bill C-39 does not address section 46 (Institution of Proceedings in Canada) of the Marine Liability Act.