Coasting Trade Act

Marginal note:Definitions

• 2 (1) In this Act,

  Agency

  Agency means the Canadian Transportation Agency; (Office)

  British entity

  British entity means

  • (a) a corporation that is incorporated in the territory of the United Kingdom, or

  • (b) a trust, partnership, joint venture or other association that is formed in the territory of the United Kingdom; (entité britannique)

  Canadian entity

  Canadian entity means

  • (a) a corporation that is incorporated in Canada, or

  • (b) a trust, partnership, joint venture or other association that is formed in Canada; (entité canadienne)

  Canadian ship

  Canadian ship means a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid; (navire canadien)

  Canadian waters

  Canadian waters means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada; (eaux canadiennes)

  CETA

  CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

  coasting trade

  coasting trade means

  • (a) the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada,

  • (b) subject to paragraph (c), the carriage of passengers by ship from any place in Canada situated on a lake or river to the same place, or to any other place in Canada, either directly or by way of a place outside Canada,

  • (c) the carriage of passengers by ship from any place situated on the St. Lawrence River northeast of the Saint Lambert lock or on the Fraser River west of the Mission Bridge

    • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

    • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

  • (d) the carriage of passengers by ship from any place in Canada other than from a place to which paragraph (b) or (c) applies

    • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

    • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

  • (e) the carriage of passengers by ship

    • (i) from any place in Canada to any place above the continental shelf of Canada,

    • (ii) from any place above the continental shelf of Canada to any place in Canada, or

    • (iii) from any place above the continental shelf of Canada to the same place or to any other place above the continental shelf of Canada

    where the carriage of the passengers is in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, and

  • (f) the engaging, by ship, in any other marine activity of a commercial nature in Canadian waters and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; (cabotage)

  continental shelf

  continental shelf[Repealed, 1996, c. 31, s. 66]

  CUKTCA

  CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)

  enforcement officer

  enforcement officer means a person designated pursuant to section 12 to be an enforcement officer for the purposes of this Act; (agent de l’autorité)

  EU entity

  EU entity means

  • (a) a corporation that is incorporated in the territory of the European Union, or

  • (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; (entité de l’Union européenne)

  foreign ship

  foreign ship means a ship other than a Canadian ship or a non-duty paid ship; (navire étranger)

  in-transit call

  in-transit call means any call, other than an emergency or technical call, by a ship at any place where passengers go ashore temporarily but who re-board the vessel before the ship leaves that place or are transported by land to another location to re-board the same ship; (escale de transit)

  licence

  licence means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada; (licence)

  master

  master, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001; (capitaine)

  non-duty paid ship

  non-duty paid ship means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid; (navire non dédouané)

  owner

  owner, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use; (propriétaire)

  resident in Canada

  resident in Canada has the meaning given to that expression by section 250 of the Income Tax Act; (résident du Canada)

  ship

  ship has the same meaning as vessel in section 2 of the Canada Shipping Act, 2001; (navire)

  technical call

  technical call means any call, other than an emergency call or an in-transit call, that is for a purpose other than the embarking or disembarking of passengers; (escale technique)

  territory of the European Union

  territory of the European Union means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; (territoire de l’Union européenne)

  territory of the United Kingdom

  territory of the United Kingdom means a territory referred to in Article 1.3, subparagraph (b) of CETA as incorporated by reference in CUKTCA. (territoire du Royaume-Uni)

• Marginal note:Meaning of place

  (2) For the purpose of the definition coasting trade in subsection (1), a place above the continental shelf of Canada includes any ship, offshore drilling unit, production platform, artificial island, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, dredge, floating crane, pipelaying or other barge or pipeline and any anchor, anchor cable or rig pad used in connection therewith.

• Marginal note:Delegation

  (3) Any power, duty or function of the Minister of Public Safety and Emergency Preparedness or the Minister of Transport under this Act may be exercised or performed by any person authorized by that Minister, as the case may be, to do so and, if so exercised or performed, shall be deemed to have been exercised by that Minister.