Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001 (continued)
362 Subsections 36(1) to (3) of the Act are replaced by the following:
Marginal note:Debt due to His Majesty
36 (1) All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Marginal note:Payment
(2) If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d)
(a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it;
(b) in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and
(c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it.
Marginal note:Seizure
(3) If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.
363 Subsection 36.01(1) of the Act is replaced by the following:
Marginal note:Agreement — cost recovery
36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee, charge, cost or expense.
364 Section 38 of the Act is replaced by the following:
Marginal note:Contravention of regulations
38 (1) Every person who, or vessel, oil handling facility or hazardous and noxious substances handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) 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:Exception
(2) If a court sentencing a person, vessel, oil handling facility or hazardous and noxious substances handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel, oil handling facility or hazardous and noxious substances handling facility is liable to that lesser punishment.
365 Subsection 40(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
366 Section 56 of the Act is replaced by the following:
Marginal note:Lost certificates
56 If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative or owner in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.
Marginal note:Refusal to issue, renew or amend certificate
56.1 Despite any other provision of this Act, the Chief Registrar may refuse to issue, in respect of a vessel, a certificate of registry, a provisional certificate or a replacement certificate of registry or provisional certificate, or to renew a certificate of registry or to amend one under paragraph 73(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense under this Act or the Wrecked, Abandoned or Hazardous Vessels Act in respect of that vessel.
367 Subsections 75.03(5) and (6) of the Act are replaced by the following:
Marginal note:Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
368 The Act is amended by adding the following after section 75.03:
Marginal note:Refusal to issue, renew or amend certificate
75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.
369 Subsection 79(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
370 Section 99 of the English version of the Act is replaced by the following:
Marginal note:Adjudication by Minister
99 The Minister may, on the request of the authorized representative or a crew member of a Canadian vessel, adjudicate any dispute between the authorized representative and crew member that arises under this Part. The Minister’s decision is binding on the parties.
371 Subsection 103(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
372 Subsection 110(1) of the Act is replaced by the following:
Marginal note:Carrying excess number of persons
110 (1) The master of a vessel must ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention, protocol or resolution listed in Schedule 1.
373 Section 111 of the Act is replaced by the following:
Marginal note:Direction to cease — master
111 (1) The Minister may direct a master to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.
Marginal note:Direction to take measures — master
(2) The Minister may direct a master to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to
(a) provide the Minister with any information that the Minister considers appropriate to assess or deal with risks to marine safety;
(b) proceed by the route and in the manner that the Minister specifies; and
(c) proceed to a place that the Minister selects, by the route and in the manner that the Minister specifies, and
(i) unload the vessel’s cargo, or
(ii) moor, anchor or remain there for any reasonable period that the Minister specifies.
Marginal note:Direction to authorize vessel
(3) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (2)(c) to proceed to the place selected by the Minister and to
(a) unload the cargo; or
(b) moor, anchor or remain there for any reasonable period that the Minister may specify.
374 Section 114 of the Act is replaced by the following:
Marginal note:Direction to cease — crew
114 (1) The Minister may direct a crew member on board a vessel to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.
Marginal note:Direction to take measures — crew
(2) The Minister may direct a crew member on board a vessel to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to provide the Minister with any information that the Minister considers appropriate to support assessing or addressing risks to marine safety.
375 Subsection 120(1) of the Act is amended by striking out “and” at the end of paragraph (s) and by adding the following after that paragraph:
(s.1) respecting arrangements for emergency services, including requiring vessels or classes of vessels to enter into such arrangements; and
376 (1) Paragraph 121(1)(f) of the Act is replaced by the following:
(f) section 107 (obtain Canadian maritime documents);
(2) Paragraph 121(1)(j) of the Act is replaced by the following:
(j) a direction given under subsection 111(1) (direction to cease — master);
(j.1) a direction given under subsection 111(2) (direction to take measures — master);
(j.2) a direction given under subsection 111(3) (direction to authorize vessel);
(3) Subsection 121(1) of the Act is amended by adding the following after paragraph (o):
(o.1) a direction given under subsection 114(2) (direction to take measures — crew);
377 Paragraph 123(1)(a) of the Act is replaced by the following:
(a) a direction given under subsection 114(1) (direction to cease — crew);
378 Section 129 of the French version of the Act is replaced by the following:
Marginal note:Obligation d’informer des dommages
129 (1) Dans le cas où le bâtiment — ou tout objet à sa remorque — renverse, déplace, endommage ou détruit une aide à la navigation dans les eaux canadiennes, la personne responsable du bâtiment en informe sans délai l’officier chargé des services de communications et de trafic maritimes ou, si cela n’est pas possible, un membre de la garde côtière canadienne.
Marginal note:Obligation d’informer en cas de danger pour la navigation
(2) Si elle constate l’existence dans les eaux canadiennes d’un danger pour la navigation non indiqué sur les cartes marines ou l’absence, le déplacement ou le mauvais fonctionnement d’une aide à la navigation, la personne responsable du bâtiment en informe sans délai l’officier chargé des services de communications et de trafic maritimes ou, si cela n’est pas possible, un membre de la garde côtière canadienne.
379 The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers — search and rescue mission coordinators
(2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters, in the exclusive economic zone of Canada or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may
380 Subsection 135(2) of the Act is replaced by the following:
Marginal note:Designation — Minister of Transport
(1.1) The Minister of Transport may designate any person or class of persons for the purposes of enforcing a provision of this Part or of a regulation made under this Part that the Minister of Transport is responsible for administering.
Marginal note:Stopping and boarding vessel
(2) A person, or a member of a class of persons, designated under subsection (1) or (1.1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.
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