Bill C-73

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First Reading

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	2nd Session, 35th Parliament, 45 Elizabeth II, 1996
	The House of Commons of Canada
	BILL C-73
	An Act to amend the Canada Shipping Act and other Acts as a consequence
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. S-9; R.S., cc. 27, 31 (1st Supp.), cc. 1, 27 (2nd Supp.), c. 6 (3rd Supp.), c. 40 (4th Supp.); 1989, cc. 3, 17; 1990, cc. 16, 17, 44; 1991, c. 24; 1992, cc. 1, 27, 31, 51; 1993, c. 36; 1994, cc. 24, 41; 1995, cc. 1, 5; 1996, c. 21	CANADA SHIPPING ACT
R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitem 13(1))	1. (1) The definitions ``British ship'', ``chief officer of customs'', ``Common wealth country'', ``pleasure yacht'', ``ra dio-telegraph'', ``radio-telephone'' and ``steamship or steamer'' in section 2 of the Canada Shipping Act are repealed.
	(2) The definitions ``Chairman'' and ``seaman'' in section 2 of the English version of the Act are repealed.
	(3) The definitions ``jauge au registre ou tonnage au registre'', ``navire ressortissant à la Convention de sécurité'', ``navire ressortissant à la Convention sur les lignes de charge'' and ``registrateur'' in section 2 of the French version of the Act are repealed.
R.S., c. 6 (3rd Supp.), s. 1(2)	(4) The definitions ``Board'', ``Canadian waters'', ``consular officer'', ``foreign ship'', ``passenger'', ``proper authority'', ``proper officer'', ``Radio Regulations'', ``recorded vessel'', ``sailing ship'', ``ship'', ``shipwrecked persons'', ``tug'' and ``ves sel'' in section 2 of the Act are replaced by the following:
``Board'' « Bureau »	``Board'' means the Board of Ship Inspection established by section 304;
``Canadian waters'' « eaux canadien- nes »	``Canadian waters'' means
	(a) the territorial sea of Canada,
	(b) any areas of the sea that are on the landward side of the baselines of the territorial sea of Canada, and
	(c) the inland waters of Canada;
``consular officer'' « fonction- naire consulaire »	``consular officer'' means a consular officer of Canada or any person for the time being dis charging the duties of a consular officer of Canada, and, when used in relation to a country other than Canada, means the offi cer recognized by Her Majesty as a consular officer of that country;
``foreign ship'' « navire étranger »	``foreign ship'' means a ship other than a Ca nadian ship;
``passenger'' « passager »	``passenger'' means a person carried on a ship, other than
	(a) a person carried on a Safety Conven tion ship who is
	(i) the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or
	(ii) under one year of age,
	(b) a person carried on a ship that is not a Safety Convention ship who is
	(i) the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or
	(ii) a guest on board the ship, if the ship is used exclusively for pleasure and the guest is carried on the ship without remuneration or any object of profit,
	(c) a person carried on a ship in pur suance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circum stances that neither the master nor the owner could have prevented or fore stalled, or
	(d) a person who has been designated as special purpose personnel ;
``proper authority'' « autorité compéten- te »	``proper authority'', when used in Part IV, means a consular officer or a person desig nated by the Minister ;
``proper officer'' « fonction- naire compétent »	``proper officer'', when used in Parts III and IV, means
	(a) in Canada, a shipping master,
	(b) at a port in any other Commonwealth country, a consular officer or a person designated by the Minister , and
	(c) at a port elsewhere, a consular officer;
``Radio Regulations'' « Règle- ments sur la radio »	``Radio Regulations'' means the regulations respecting radio made under section 342;
``recorded vessel'' « bâtiment inscrit »	``recorded vessel'' means a vessel of the char acter described in section 4 that is recorded under that section ;
``sailing ship'' « voilier » ou « navire à voiles »	``sailing ship'', except for the purposes of the Load Line Rules, means a ship that is pro pelled wholly by sails;
``ship'' « navire »	``ship'' means a vessel propelled other than exclusively by muscle power, unless this Act specifies otherwise;
``ship- wrecked persons'' « naufragés »	``shipwrecked persons'' includes persons be longing to or on board any vessel that is wrecked, stranded or in distress;
``tug'' « remorqueur »	``tug'' means a vessel designed, built or con verted for the purpose of pulling, pushing or hauling alongside, or any combination of pulling, pushing or hauling alongside;
``vessel'' « bâtiment »	``vessel'' includes any description of object or craft, including non-displacement craft and seaplanes , used or capable of being used in navigation on or through water ;
	(5) Paragraph (d) of the definition ``wreck'' in section 2 of the Act is replaced by the following:
	(d) any wrecked aircraft, any part or cargo of any wrecked aircraft and any property in the possession of persons on board any aircraft that is wrecked, stranded or in distress;
	(6) The definition ``registrar'' in section 2 of the English version of the Act is replaced by the following:
``registrar'' « regis- traire »	``registrar'' means the Chief Registrar of Ships appointed under section 3.1, and in cludes every registrar appointed under sec tion 3.3;
	(7) Section 2 of the Act is amended by adding the following in alphabetical order:
``Commonwe alth citizen'' « citoyen du Common- wealth »	``Commonwealth citizen'' means a Canadian citizen or a person who has the status of a citizen of the Commonwealth under section 32 of the Citizenship Act, and includes a cit izen of Ireland;
``detention order'' « ordre de détention »	``detention order'' means a detention order made under this Act;
``pleasure craft'' « embarca- tion de plaisance »	``pleasure craft'' means a vessel used by an in dividual for pleasure and not for a commer cial purpose;
``senior customs officer'' « agent principal des douanes »	``senior customs officer'' means the senior or only officer of customs at any port;
``special purpose personnel'' « personnel employé à bord d'un navire à usage spécial »	``special purpose personnel'' means a person designated as special purpose personnel pursuant to regulations made under section 379.1;
``special purpose ship'' « navire à usage spécial »	``special purpose ship'' means a ship desig nated as a special purpose ship pursuant to regulations made under section 379.1;
	(8) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
``Chair'' « président »	``Chair'' means the Chair of the Board;
``seafarer'' « marin »	``seafarer'' includes
	(a) every person, except masters, pilots and apprentices duly indentured and registered, employed or engaged in any capacity on board any ship, and
	(b) for the purposes of the Seamen's Repatriation Convention, every person employed or engaged in any capacity on board any vessel and entered on the ship's articles,
	but does not include pilots, cadets and pupils on training ships and naval ratings, or other persons in the permanent service of a government except when used in Part IV where it includes an apprentice to the sea service;
	(9) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« jauge nette » ``register tonnage''	« jauge nette » La jauge nette figurant au cer tificat d'immatriculation du navire.
« registraire » ``registrar''	« registraire » Registraire en chef des navires nommé en vertu de l'article 3.1 ainsi que toute personne nommée à titre de registraire en vertu de l'article 3.3.
« navire auquel s'applique la Convention de sécurité » ``Safety Convention ship''	« navire auquel s'applique la Convention de sécurité » À l'exclusion d'un navire de guerre, d'un transport de troupes ou d'un bâtiment de pêche, navire immatriculé dans un pays auquel s'applique la Convention de sécurité, effectuant un voyage international et, selon le cas :
	a) qui transporte plus de douze passagers;
	b) dont la jauge brute est de trois cents tonneaux ou plus;
	c) qui est un navire nucléaire.
« navire auquel s'applique la Convention sur les lignes de charge » ``Load Line Convention ship''	« navire auquel s'applique la Convention sur les lignes de charge » Navire de franc-bord appartenant à un pays auquel s'applique la Convention sur les lignes de charge.
R.S., c. 6 (3rd Supp.), s. 2	2. Section 2.1 of the Act is replaced by the following:
Expressions referring to ``sea''	2.1 Expressions in this Act that refer to doing anything in relation to the sea include doing that thing in any waters, unless the context requires otherwise.
	GENERAL
Externally produced material	2.2 (1) A regulation made under this Act may incorporate by reference material pro duced by a person or body other than the authority making the regulation, including a person or body such as
	(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
	(b) an industrial or trade organization; and
	(c) a government, government agency or international body.
Reproduced or translated material	(2) A regulation made under this Act may incorporate by reference material that the authority making the regulation reproduces or translates from material produced by a person or body other than the authority making the regulation
	(a) with any adaptations of form and reference that will facilitate the incorpora tion of the material in the regulation; or
	(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.
Jointly produced material	(3) A regulation made under this Act may incorporate by reference material that the authority making the regulation produces jointly with another government or govern ment agency for the purpose of harmonizing the regulation with other laws.
Internally produced standards	(4) A regulation made under this Act may incorporate by reference technical or explana tory material that the authority making the regulation produces, such as
	(a) specifications, classifications, illustra tions, graphs and other information of a technical nature; and
	(b) test methods, procedures, operational standards, safety standards and perfor mance standards of a technical nature.
Incorporation as amended from time to time	(5) Material may be incorporated by refer ence as amended from time to time.
Incorporated material is not a regulation	(6) Material that is incorporated by refer ence in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.
Authority making regulations	(7) Where a regulation is authorized to be made by the Governor in Council, the minister who recommends the making of the regulation to the Governor in Council is deemed to be an authority who is authorized to make the regulation.
Defence	2.3 No person or ship may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,
	(a) the material was reasonably accessible to the person or ship;
	(b) reasonable steps had been taken to ensure that the material was accessible to persons or ships likely to be affected by the regulation; or
	(c) the material had been published in the Canada Gazette.
Form of books	2.4 Every register or book required to be kept pursuant to this Act may be in a bound or loose-leaf form or in a photographic film form or may be maintained by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required informa tion in intelligible written form within a reasonable time.
	3. The Act is amended by adding the following before the heading ``Recording Vessels'' before section 4:

Bill C-73

BILL C-73

CANADA SHIPPING ACT

GENERAL