Canada Shipping Act, 2001 (S.C. 2001, c. 26)
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Assented to 2001-11-01
PART 14CONSEQUENTIAL AND COORDINATING AMENDMENTS
Consequential Amendments
1992, c. 31Coasting Trade Act
290. Paragraph 3(2)(e) of the Act is replaced by the following:
(e) engaged, with the approval of a person designated as a pollution prevention officer under section 174 of the Canada Shipping Act, 2001 or authorized under paragraph 11(2)(d) of that Act to carry out inspections, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.
291. Sections 29 and 30 of the Act are repealed.
292. Subsection 31(2) of the Act is repealed.
1992, c. 47Contraventions Act
Marginal note:1996, c. 7, s. 7
293. Subsection 17(4) of the Contraventions Act is repealed.
R.S., c. C-46Criminal Code
294. Section 44 of the Criminal Code is repealed.
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:1990, c. 8, s. 22
295. The definition “Crown ship” in section 2 of the Crown Liability and Proceedings Act is replaced by the following:
“Crown ship”
« navire de l’État »
“Crown ship” means a Crown vessel as defined in section 140 of the Canada Shipping Act, 2001;
296. Subsection 5(1) of the Act is replaced by the following:
Marginal note:Civil salvage
5. (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property, applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life from a Crown ship or aircraft, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.
Marginal note:1998, c. 16, s. 32
297. Subsection 6(2) of the Act is replaced by the following:
Marginal note:Ascertaining tonnage of ship
(2) If, for the purposes of any proceedings under this Act, it is necessary to ascertain the tonnage of a ship that has not been determined by a tonnage measurer appointed under section 24 of the Canada Shipping Act, 2001, the tonnage of the ship must be determined by a tonnage measurer appointed under that section.
298. Subsection 7(1) of the Act is replaced by the following:
Marginal note:Limitation period for salvage proceedings
7. (1) Section 145 of the Canada Shipping Act, 2001 applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
R.S., c. 1 (2nd Supp.)Customs Act
299. The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:
Marginal note:Report of wreck and liability for duties
(2) If any wreck that has come into Canada from outside Canada is released to a person under section 158 of the Canada Shipping Act, 2001, that person
R.S., c. F-14Fisheries Act
300. Subsection 38(7) of the Fisheries Act is replaced by the following:
Marginal note:Inconsistent orders
(7) Any requirement or direction of an inspector under this section that is inconsistent with any direction of a marine safety inspector under the Canada Shipping Act, 2001 is void to the extent of the inconsistency.
301. Subsection 42(7) of the Act is replaced by the following:
Marginal note:Exception
(7) Subsections (1) to (3) do not apply in respect of any deposit of a deleterious substance that, within the meaning of Part 8 or 9 of the Canada Shipping Act, 2001, constitutes a discharge of a pollutant caused by or otherwise attributable to a vessel.
Marginal note:1990, c. 44, s. 18(2)
302. Section 88 of the Act is replaced by the following:
Marginal note:Jurisdiction of courts
88. All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.
R.S., c. F-17Great Lakes Fisheries Convention Act
Marginal note:1990, c. 44, s. 18(2)
303. Section 6 of the Great Lakes Fisheries Convention Act is replaced by the following:
Marginal note:Jurisdiction of courts
6. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.
1990, c. 21Health of Animals Act
304. Paragraph 20(a) of the Health of Animals Act is replaced by the following:
(a) the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out,
R.S., c. L-2Canada Labour Code
Marginal note:1998, c. 20, s. 29
305. Paragraph 127(2)(a) of the Canada Labour Code is replaced by the following:
(a) an aircraft, a vessel, rolling stock or a pipeline, if the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act; or
1994, c. 40Marine Transportation Security Act
306. The definition “Canadian ship” in subsection 2(1) of the Marine Transportation Security Act is replaced by the following:
“Canadian ship”
« navire canadien »
“Canadian ship” means a vessel registered under the Canada Shipping Act, 2001 or registered in Canada before August 1, 1936 under the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;
R.S., c. M-6Merchant Seamen Compensation Act
307. (1) The definitions “seaman” and “ship” in subsection 2(1) of the Merchant Seamen Compensation Act are replaced by the following:
“seaman”
« marin »
“seaman” means every person, except pilots, apprenticed pilots and fishers, employed or engaged on
(a) a ship registered in Canada under the Canada Shipping Act, 2001, or
(b) a ship chartered by demise to a person resident in Canada or having their principal place of business in Canada,
when the ship is engaged in trading on a foreign voyage or on a home-trade voyage, and, if so ordered by the Governor in Council, includes a seaman engaged in Canada and employed on a ship that is registered outside Canada and operated by a person resident in Canada or having their principal place of business in Canada when that ship is so engaged;
“ship”
« navire »
“ship” means a vessel as defined in section 2 of the Canada Shipping Act, 2001.
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“foreign voyage”
« voyage de long cours »
“foreign voyage” means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;
“home-trade voyage”
« voyage de cabotage »
“home-trade voyage” means a voyage, not being an inland or minor waters voyage, between places within the following areas, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude;
“inland voyage”
« voyage en eaux internes »
“inland voyage” means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan;
“minor waters of Canada”
« eaux secondaires du Canada »
“minor waters of Canada” means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and the sheltered waters on the seacoasts of Canada that the Minister of Transport may specify;
“minor waters voyage”
« voyage en eaux secondaires »
“minor waters voyage” means a voyage within the following limits, namely, the minor waters of Canada together with the part of any lake or river forming part of the minor waters of Canada that lies within the United States;
308. Paragraph 31(1)(c) of the Act is replaced by the following:
(c) if the expenses of burial of a seaman are paid by an employer under section 93 of the Canada Shipping Act, 2001 following any accident in respect of which compensation is payable under this Act, the amount of the expenses shall be deducted from the amount payable under paragraphs (a) and (b);
309. Subsection 42(2) of the Act is replaced by the following:
Marginal note:No compensation if wages paid
(2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, 2001, or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman.
310. Section 47 of the Act is replaced by the following:
Marginal note:Medical aid under one Act only
47. Notwithstanding anything in this Act, a seaman entitled to medical aid under Part 3 of the Canada Shipping Act, 2001, or under any other Act that provides similar benefits, is not entitled to medical aid under this Act during the period and to the extent that medical aid is furnished under that Part or that other Act.
R.S., c. N-5National Defence Act
311. Section 266 of the National Defence Act is repealed.
R.S., c. 15 (4th Supp.)Non-smokers’ Health Act
Marginal note:1996, c. 10, s. 247
312. Subsection 2(2) of the Non-smokers’ Health Act is replaced by the following:
Marginal note:Application outside Canada
(2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.
1992, c. 39Northwest Territories Waters Act
313. The portion of the definition “use” in section 2 of the Northwest Territories Waters Act after paragraph (c) is replaced by the following:
but does not include a use connected with shipping activities that are governed by the Canada Shipping Act, 2001;
1997, c. 9Nuclear Safety and Control Act
314. Section 54 of the Nuclear Safety and Control Act is repealed.
R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act
Marginal note:1992, c. 35, s. 22(1)
315. Subsection 24(1) of the Canada Oil and Gas Operations Act is replaced by the following:
Definition of “spill”
24. (1) In sections 25 to 28, “spill” means a discharge, emission or escape of oil or gas, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.
R.S., c. P-14Pilotage Act
316. Section 2 of the Pilotage Act is replaced by the following:
Marginal note:Definitions
1.1 The definitions in this section apply in this Act.
“apprentice pilot”
« apprenti-pilote »
“apprentice pilot” means a person who is training to become a licensed pilot.
“licence”
« brevet »
“licence” means a licence issued by an Authority under section 22.
“licensed pilot”
« pilote breveté »
“licensed pilot” means a person who holds a valid licence.
“pilot”
« pilote »
“pilot” means any person who does not belong to a ship and who has the conduct of it.
“ship”
« navire »
“ship” includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion.
PART 1PILOTAGE
Interpretation
Marginal note:Definitions
2. The definitions in this section apply in this Part.
“Authority”
« Administration »
“Authority” means a Pilotage Authority established by section 3.
“Canadian waters”
« eaux canadiennes »
“Canadian waters” means the territorial sea of Canada and all internal waters of Canada.
“compulsory pilotage”
« pilotage obligatoire »
“compulsory pilotage” means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or the holder of a pilotage certificate.
“compulsory pilotage area”
« zone de pilotage obligatoire »
“compulsory pilotage area” means an area of water in which ships are subject to compulsory pilotage.
“Minister”
« ministre »
“Minister” means the Minister of Transport.
“pilotage certificate”
« certificat de pilotage »
“pilotage certificate” means a certificate issued by an Authority under section 22.
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