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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Full Document:  

Assented to 2001-11-01

PART 14CONSEQUENTIAL AND COORDINATING AMENDMENTS

Coordinating Amendments

Marginal note:Bill S-2

  • 324. (1) If Bill S-2, introduced in the 1st session of the 37th Parliament and entitled the Marine Liability Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (11) are amended as provided in those subsections.

  • (2) On the later of the coming into force of section 105 of this Act and subsections 29(1) and (2) of the other Act, subsections 29(1) and (2) of the other Act are replaced by the following:

    Marginal note:Passenger claims, no Canadian maritime document

    • 29. (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship for which no Canadian maritime document is required under Part 4 of the Canada Shipping Act, 2001 is the greater of

      • (a) 2,000,000 units of account, and

      • (b) the number of units of account calculated by multiplying 175,000 units of account by the number of passengers on board the ship.

    • Marginal note:Passenger claims, no contract of carriage

      (2) Notwithstanding Article 6 of the Convention, the maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on a ship otherwise than under a contract of passenger carriage is the greater of

      • (a) 2,000,000 units of account, and

      • (b) 175,000 units of account multiplied by

        • (i) the number of passengers that the ship is authorized to carry according to its certificate under Part 4 of the Canada Shipping Act, 2001, or

        • (ii) if no certificate is required under that Part, the number of persons on board the ship.

  • (3) On the later of the coming into force of section 250 of this Act and section 42 of the other Act, section 42 of the other Act is replaced by the following:

    Marginal note:Other statutory limitations of liability

    42. Nothing in this Part affects the operation of any other Part of this Act, or section 250 of the Canada Shipping Act, 2001, or a provision of any other Act or regulation that limits the liability of owners of ships.

  • (4) On the later of the coming into force of section 165 of this Act and subsection 51(1) of the other Act, subparagraph 51(1)(b)(ii) of the other Act is replaced by the following:

  • (5) On the later of the coming into force of section 180 of this Act and subsection 51(1) of the other Act, subparagraphs 51(1)(c)(i) and (ii) of the other Act are replaced by the following:

    • (i) by the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act, or

    • (ii) by any other person in respect of measures the person was directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001,

  • (6) On the later of the coming into force of section 11 of this Act and subsection 103(2) of the other Act, subsection 103(2) of the other Act is replaced by the following:

    • Marginal note:Detention of ship

      (2) A marine safety inspector who is authorized under paragraph 11(2)(d) of the Canada Shipping Act, 2001 to carry out inspections under section 211 of that Act and who has reasonable grounds for believing that an offence under subsection (1) has been committed in respect of a ship may make a detention order in respect of that ship, and section 222 of that Act applies to the detention order with any modifications that the circumstances require.

  • (7) On the later of the coming into force of section 250 of this Act and section 130 of the other Act, section 250 of this Act is replaced by the following:

    Marginal note:Responsibility for goods

    250. Subject to Part 5 of the Marine Liability Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

  • (8) On the later of the coming into force of section 280 of this Act and section 110 of the other Act, subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

    Definition of “spill”

    • 160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under 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 6 of the Marine Liability Act applies.

  • (9) On the later of the coming into force of section 281 of this Act and section 111 of the other Act, subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

    Definition of “spill”

    • 165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under 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 6 of the Marine Liability Act applies.

  • (10) On the later of the coming into force of section 315 of this Act and section 117 of the other Act, 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 petroleum, other than one that is authorized under 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 6 of the Marine Liability Act applies.

  • (11) On the later of the coming into force of section 180 of this Act and sections 126 and 127 of the other Act, the heading before section 673 and sections 673 to 676 of the Canada Shipping Act are repealed.

PART 15R.S., c. 17 (3rd Supp.)AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987

Marginal note:1992, c. 1, s. 128

325. Subsection 2(2) of the Shipping Conferences Exemption Act, 1987 is replaced by the following:

  • Marginal note:Filing of documents

    (2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.

  • 326. (1) Paragraphs 4(3)(a) to (c) of the Act are replaced by the following:

    • (a) provides that any member of the conference may, after giving to the other members of the conference five days written notice, or such lesser number of days written notice as may be specified in the conference agreement, of the member’s intention to do so, take independent action;

    • (b) provides that, when a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member’s intention to do so, take the same independent action as soon as the first independent action becomes effective; and

    • (c) provides that, when a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than five days after the day on which the notice is received by the members of the conference.

  • (2) Section 4 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception re service contracts

      (3.1) The terms and conditions established by a conference agreement under paragraph (1)(c) shall not have the effect of preventing a member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract.

  • 327. (1) Paragraph 6(1)(b) of the Act is replaced by the following:

    • (b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1);

  • (2) Subsection 6(1) of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) to (f) with the following:

    • (d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract.

  • (3) Subsection 6(2) of the Act is repealed.

Marginal note:1992, c. 1, par. 128(d)(E)

328. Section 7 of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

  • (d) paragraph 6(1)(d) shall be filed with the Agency not later than the day on which the standard form of loyalty contract becomes effective or, in the case of an amendment to that standard form, not later than thirty days after the day on which the amendment becomes effective.

Marginal note:1992, c. 1, s. 126

329. Sections 18 and 19 of the Act are replaced by the following:

Marginal note:Office in Canada

18. Members of a conference shall maintain jointly an office in that region of Canada where they operate.

INSPECTION OF DOCUMENTS

Marginal note:Availability of certain documents

  • 19. (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of

    • (a) all documents in force, other than service contracts, that have been filed pursuant to section 6;

    • (b) all tariffs in force; and

    • (c) all notices in force that have been given pursuant to section 9 or 10.

  • Marginal note:Inspection at member’s office

    (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff.

  • Marginal note:Contents of tariff

    (3) Each tariff shall set out

    • (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;

    • (b) the places from and to which every rate referred to in paragraph (a) applies;

    • (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and

    • (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.

330. Subsection 24(1) of the Act is replaced by the following:

Marginal note:Non-compliance with Act or regulations

  • 24. (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence.

PART 161999, c. 33AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

  • 331. (1) The definition “engine” in section 149 of the Canadian Environmental Protection Act, 1999 is replaced by the following:

    “engine”

    « moteur »

    “engine” means any prescribed internal combustion engine, but does not include

    • (a) an engine designed to propel an aircraft as defined in subsection 3(1) of the Aeronautics Act;

    • (b) an engine designed to propel rolling stock as defined in section 6 of the Canada Transportation Act; or

    • (c) a marine compression-ignition engine that is rated at 37 kW or more and is designed to propel a vessel.

  • (2) Paragraph (c) of the definition “vehicle” in section 149 of the Act is replaced by the following:

    • (c) a vessel that is fitted, for the purpose of propulsion, with a marine compression-ignition engine that is rated at 37 kW or more.

  • (3) Section 149 of the Act is amended by adding the following in alphabetical order:

    “vessel”

    « bâtiment »

    “vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water.

PART 17REPEALS AND COMING INTO FORCE

Repeals

Marginal note:Repeal of certain provisions of R.S., c. S-9

332. The provisions of the Canada Shipping Act, other than sections 565 to 567, 571 and 572, the heading before section 574, sections 574 to 583, Part XIV, the heading before section 677 and sections 677, 677.1, 679 to 723 and 724 to 727, are repealed on a day or days to be fixed by order of the Governor in Council.

Marginal note:Repeal

333. The Maritime Code Act, chapter 41 of the Statutes of Canada, 1977-78, is repealed.

Coming into Force

Marginal note:Coming into force

  • 334. (1) The provisions of this Act, other than sections 319 and 322 to 332, come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Shipping Conferences Exemption Act, 1987

    (2) Sections 325 to 330 come into force on the ninetieth day after this Act is assented to.

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