Crown Liability

Marginal note:Crown not relieved

268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3), 174(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

State of War or Armed Conflict

Marginal note:Prohibition of shipment of articles of war

• 269. (1) No person shall, during a prescribed period,

  • (a) discharge from a Canadian vessel a prescribed article in any prescribed territory or within the territorial waters adjacent to the territory;

  • (b) tranship on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;

  • (c) take on board or carry on a Canadian vessel such an article consigned to or destined for a place in such a territory; or

  • (d) take on board or carry on any other vessel in Canadian waters such an article consigned to or destined for a place in such a territory.

• Marginal note:Powers if contravention suspected

  (2) Any person, or member of a class of persons, designated by the Minister of Transport or the Minister of National Defence for the purposes of this section, who has reason to suspect that a vessel is contravening or has contravened subsection (1) may

  • (a) direct the master to stop the vessel or proceed to the place that the person may select, and to moor, anchor or remain there for any reasonable period that the person may specify;

  • (b) board the vessel;

  • (c) direct the master to produce any documents relating to any cargo that is being carried or has been carried on the vessel;

  • (d) search the vessel, examine the cargo and direct the master or a member of the crew to open any package or parcel that the person suspects contains articles prescribed for the purposes of subsection (1); and

  • (e) make any other examination or inquiry that the person considers necessary to determine whether subsection (1) is being or has been contravened.

• Marginal note:Power to take vessel

  (3) If the person has reasonable grounds to believe that subsection (1) is being or has been contravened, the person may take the vessel to the nearest or most convenient port in order that the alleged contravention may be adjudicated by a court of competent jurisdiction.

• Marginal note:Regulations

  (4) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

  • (a) prescribing any territory in which there is a state of war or armed conflict;

  • (b) prescribing anything else that may be prescribed under this section;

  • (c) exempting, in the case of any territory prescribed under paragraph (a), an article or class of articles from the application of this section; and

  • (d) for carrying out the purposes and provisions of this section.

• Marginal note:Contraventions

  (5) Every person who contravenes subsection (1) or a direction made under paragraph (2)(a) or (c) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Authorized representative or master

  (6) If a person on a vessel commits an offence under this section and the authorized representative or master authorized or acquiesced in the offence, the authorized representative or master is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the person whether or not the person has been prosecuted.

PART 13TRANSITIONAL

Marginal note:Decisions that cease to have effect

270. Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.

Marginal note:Acquired rights — registered vessels

• 271. (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes.

• Marginal note:Expiry of certificates of registry

  (2) A certificate of registry issued under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, expires no later than February 25, 2003.

• Marginal note:Grace period

  (3) A vessel that was not required to be registered under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.

Marginal note:Acquired rights — licensed vessels

272. Every vessel, other than a pleasure craft, licensed under section 108 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, when Part 2 comes into force is deemed to be registered in the small vessel register referred to in subsection 43(1) until

• (a) the earlier of the date the vessel’s ownership changes and five years after Part 2 comes into force; or

• (b) in the case of a vessel that was issued a licence under that Act, the expiry date of the licence.

Marginal note:Certificates remain in force

273. Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.

Marginal note:Regulations remain in force

• 274. (1) Regulations made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, other than under any of the provisions listed in section 332 of this Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1).

• Marginal note:Validity periods of certificates

  (3) Any certificate’s period of validity that is provided for in a regulation referred to in subsection (1) is deemed to have been specified by the Minister under subsection 17(1).

• Marginal note:Canadian ships

  (4) Every reference to “Canadian ship” or “Canadian ships” in the regulations referred to in subsection (1) shall be read as a reference to “Canadian vessel” or “Canadian vessels”, respectively.

• Marginal note:Pleasure craft

  (5) Every vessel that, immediately before the coming into force of Part 10, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985 (“that Act”), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first.

• Marginal note:Offence

  (6) Every person who, or vessel that, contravenes a regulation that is in force under subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

PART 14CONSEQUENTIAL AND COORDINATING AMENDMENTS

Consequential Amendments

1991, c. 46Bank Act

275. Subsections 428(5) and (6) of the Bank Act are replaced by the following:

1998, c. 10Canada Marine Act

276. Subsection 56(3) of the Canada Marine Act is replaced by the following:

277. Paragraph 58(2)(f) of the Act is replaced by the following:

278. The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:

279. The portion of subsection 122(1) of the Act before paragraph (a) is replaced by the following:

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1992, c. 35, s. 73(1)

280. Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1992, c. 35, s. 110(1)

281. Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

1996, c. 10Canada Transportation Act

282. The definition “export” in section 147 of the Canada Transportation Act is replaced by the following:

1999, c. 33Canadian Environmental Protection Act, 1999

283. Section 277 of the Canadian Environmental Protection Act, 1999 is repealed.

1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act

284. Section 61 of the Canadian Transportation Accident Investigation and Safety Board Act is repealed.

1993, c. 21Carriage of Goods by Water Act

285. Section 6 of the Carriage of Goods by Water Act is replaced by the following:

R.S., c. C-29Citizenship Act

286. Paragraph 2(2)(a) of the Citizenship Act is replaced by the following:

R.S., c. C-33Coastal Fisheries Protection Act

Marginal note:1998, c. 16, s. 29

287. The definition “Canadian fishing vessel” in section 2 of the Coastal Fisheries Protection Act is replaced by the following:

Marginal note:1990, c. 44, s. 18(2)

288. Section 19 of the Act is replaced by the following:

1992, c. 31Coasting Trade Act

Marginal note:1998, c. 16, s. 30

289. The definitions “Canadian ship”, “master” and “ship” in subsection 2(1) of the Coasting Trade Act are replaced by the following: