Canada Shipping Act, 2001 (S.C. 2001, c. 26)
Full Document:
Assented to 2001-11-01
318. The Act is amended by replacing the word “Act” with the word “Part” in the following provisions:
(a) subsection 14(3);
(b) subsection 26(1);
(c) the portion of section 41 before paragraph (a);
(d) paragraph 48(a); and
(e) sections 49 to 51.
R.S., c. S-9Canada Shipping Act
Marginal note:1998, c. 16, s. 3
319. Subsection 52(3) of the Canada Shipping Act is replaced by the following:
Marginal note:Exemption from registration
(3) Ships exempt from registration under this Act before this Part comes into force continue to be exempt until two years or, in the case of a pleasure craft, six years after this Part comes into force.
Marginal note:R.S., c. 6 (3rd Supp.), s. 84
320. The definition “pollutant” in section 673 of the Act is replaced by the following:
“pollutant”
« polluant »
“pollutant” means
(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans, and
(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans,
and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part;
1992, c. 40Yukon Waters Act
321. The portion of the definition “use” in section 2 of the Yukon 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;
Coordinating Amendments
Marginal note:Bill C-10
322. (1) If Bill C-10, introduced in the 1st session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.
(2) On the later of the coming into force of section 1 of this Act and subsection 16(3) of the other Act, subsection 16(3) of the other Act is replaced by the following:
Marginal note:Marine matters
(3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.
(3) On the later of the coming into force of section 1 of this Act and subsection 16(5) of the other Act, subsection 16(5) of the other Act is replaced by the following:
Marginal note:Conflicts
(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act or the Aeronautics Act to the extent of any conflict between them.
(4) On the later of the coming into force of section 1 of this Act and subsection 29(4) of the other Act, subsection 29(4) of the other Act is replaced by the following:
Marginal note:Exception
(4) No measures may be directed to be taken under subsection (2) to prevent or mitigate any degradation or injury if action may be taken under the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act or the Canadian Environmental Protection Act, 1999, to prevent or mitigate the same degradation or injury.
Marginal note:Bill C-11
323. (1) If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.
(2) If the heading before section 216 and sections 216 to 218 of the other Act are not in force when section 1 of this Act comes into force, then the heading before section 216 and sections 216 to 218 of the other Act are replaced by the following:
Canada Shipping Act, 2001
216. Paragraph (a) of the definition “qualified person” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:
(a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or
217. Subsection 88(1) of the Act is replaced by the following:
Marginal note:Eligibility
88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.
Marginal note:R.S., c. S-9
Canada Shipping ActMarginal note:R.S., c. 6 (3rd Supp.), s. 84
218. Subparagraph 712(3)(b)(i) of the Canada Shipping Act is replaced by the following:
(i) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in the case of an individual, or
(3) If paragraph (a) of the definition “qualified person” in section 2 of this Act is not in force when section 1 of the other Act comes into force, then that paragraph is replaced by the following:
(a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or
(4) If subsection 88(1) of this Act is not in force when section 1 of the other Act comes into force, then that subsection is replaced by the following:
Marginal note:Eligibility
88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.
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:
(ii) a response organization within the meaning of section 165 of the Canada Shipping Act, 2001,
(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.
- Date modified: