FOR IMMEDIATE RELEASE December 23, 2008

In appointing yet another Tory – and a third lawyer(!) - to the Toronto Port Authority Board of Directors, expanding its board to eight, Transport Minister John Baird has flagrantly abused his authority under the Canada Marine Act, said CommunityAIR today. ―

We are perplexed by Mr. Baird’s actions. He has directly contravened his own Act,‖ said Brian Iler, chair of CommunityAIR. ―What is so important that he felt compelled to do this? This is not the limited scope of activity that a government as precarious as Mr. Harper’s should be embarking upon

The Act , in section 14 requires that directors be ―in consultation with users selected by the Minister or the classes of users mentioned in the letters patent. No such consultation has occurred – for this, or any other of the recent appointees to the TPA Board. No other Port Authority has so few users to consult.

Last week, the TPA board told Mr. Baird clearly that it saw no need to expand the board. No other Port Authority has more than seven directors.

The announced addition of two more directors to the TPA Board tips the balance of power away from the City’s recent appointee and three other directors, in favour of a group closely allied to Porter Air and the former CEO ( and now Natural Resources Minister) Lisa Raitt.

(Below) is a Backgrounder on the Act and how Mr. Baird’s action violates it.

For further comment contact: Brian Iler, Chair, CommunityAIR

TPA Letters Patent Amended:

The document used by Transport Minister John Baird to increase the number of directors of the Toronto Port Authority to nine has been published – in the Canada Gazette, the federal government’s publication of record.

The document, entitled “Supplementary Letters Patent” is found below.

Previously, of the seven directors, one was appointed by each of the three levels of government (the City of Toronto having only recently appointed its director, David Gurin), and four were to be appointed in accordance with this section of the Canada Marine Act:

The Governor in Council appoints the remaining individuals nominated by the Minister in consultation with users selected by the Minister or the classes of users mentioned in the letters patent.

To our knowledge, there has been no consultation with the recreational users of the Port, who are by far the most significant users of the Port of Toronto.

CommunityAIR asks: Have any users other than Porter been consulted?

“One would have to ask who Minister Baird has consulted with, as he is obliged to do. None of the Tory appointees have anything to do with any of the port users, as will be readily apparent from their biographies. Minister Baird has compounded this breach of the law with his latest appointment yesterday.” Said Brian Iler, Chair of CommunityAIR.