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Bill C-73

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    (a) the amount of

      (i) the maximum fine that could have been imposed for the offence, where subsection (1) applies, or

      (ii) the fine actually imposed, where subsection (2) applies, and

    (b) the cost of the detention and the sale

shall, to the extent of the surplus, be paid in ac cordance with the interests of persons who have obtained an order referred to in subsec tion (7), and any surplus remaining thereafter shall be paid to the person registered as the owner of the ship or, in the absence of registra tion, to the person who owns the ship.

Proceedings against owner

(12) Where the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraph (11)(a) or (b), the Minister may proceed against the owner of the ship for the balance owing.

Clear title

(13) On selling a ship pursuant to this section, the Minister may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.

Registrability not implied

(14) Nothing in subsection (13) shall be construed as meaning that the ship may be registered in the name of the purchaser.

Not duty paid

(15) No ship sold pursuant to this section is deemed to have been duty paid under the Customs Tariff by reason only of that sale.

Definitions

(16) The definitions in this subsection apply in this section.

``court''
« tribunal »

``court'' means

      (a) the Ontario Court (General Division);

      (b) the Superior Court of Quebec;

      (c) the trial division or branch of the Supreme Court of Prince Edward Island and Newfoundland;

      (d) the Court of Queen's Bench for New Brunswick, Manitoba, Saskatchewan and Alberta;

      (e) the Supreme Court of Nova Scotia and British Columbia;

      (f) the Supreme Court of the Yukon Territory and the Northwest Territories; and

      (g) the Federal Court - Trial Division.

``court of appeal''
« tribunal d'appel »

``court of appeal'' means, in the province in which an order referred to in subsection (7) is made, the court of appeal for that prov ince as defined in section 2 of the Criminal Code. It includes the Federal Court of Ap peal.

147. Subsection 631(3) of the Act is replaced by the following:

Articles defined

(3) Subject to subsection (2), the articles to which this section applies are

    (a) arms, ammunition, implements or munitions of war and military stores;

    (b) articles capable of being converted into anything referred to in paragraph (a) or made useful in the production of any such thing; and

    (c) provisions or any sort of victual that may be used as food by humans or animals .

1992, c. 31, s. 27(1)

148. (1) Subsection 632(1) of the Act is replaced by the following:

Application

632. (1) The provisions of Part I except sections 94 to 101, Parts V and VI, Part IX except section 581, and Parts XI to XIV apply to air cushion vehicles used in navigation, and wherever in those Parts vessels or ships are referred to, those references shall be construed as including air cushion vehicles used in navigation.

(2) Subsection 632(1) of the Act, as enacted by section 82 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conserva tion Act in consequence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, and as amended by subsection 27(2) of chapter 31 of the Statutes of Canada, 1992, is replaced by the following:

Application

632. (1) The provisions of Part II except section 128, Part VI, Part IX, except sections 574 to 577 and 579 to 584, Parts XI to XV and Part XVII apply in respect of dynamically supported craft used in navigation, and wher ever in those provisions vessels or ships are referred to, such references shall be construed as including dynamically supported craft used in navigation.

(3) Subsections 632(3) and (4) of the Act, as enacted by section 82 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conserva tion Act in consequence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, are repealed.

149. The heading before section 633 of the Act is replaced by the following:

Application to Ship Registered in Commonwealth Countries

150. The heading before section 639 of the Act is replaced by the following:

Reciprocal Services Relating to Ships Registered in Commonwealth Countries

151. Subsections 639(1) and (2) of the Act are replaced by the following:

Duties of courts, etc.

639. (1) Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to ships registered in that country while they are in Canada or before or after they have been in Canada or while they are at sea, with relation to any matter touching or concerning those ships, their owners, masters or crews, that any court, officer of a ship belonging to Her Majesty, registrar, officer of customs, ship ping master or other officer or functionary in or of Canada may or shall execute any request, exercise any right or authority or perform any duty or act with relation to those ships, their owners, masters or crews, that court, officer or functionary in or of Canada may and shall execute the request, have the right or authority and perform the duty or act as if the enactment were by this Act enacted.

Acts done with relation to Canadian ships

(2) Where by any enactment, before or after August 1, 1936, the Parliament of any Com monwealth country other than Canada has provided, in terms that extend to Canadian ships while they are in that country, before or after they have been in that country or while they are at sea, that any court, officer of a ship belonging to Her Majesty, registrar, consular officer, officer of customs, superintendent or other officer or functionary in or of that country may or shall, with relation to Cana dian ships, their owners, masters and crews, execute any request, exercise any right or authority or perform any duty or act that this Act makes or purports to make, confer, impose or direct to be done, of, on or by that court, officer or functionary, then all things done by it or him or her , in form pursuant to any provision of this Act that can be related to the enactment of the other Commonwealth coun try, is deemed to have been done by force of that enactment.

152. (1) The definition ``dependants'' in section 645 of the Act is replaced by the following:

``dependants''
« personnes à charge »

``dependants'' means the spouse , parents and children of a deceased person;

(2) Section 645 of the Act is amended by adding the following in alphabetical order:

``spouse''
« époux »

``spouse'' includes a person who was cohabit ing with the deceased person in a conjugal relationship at the time of the deceased per son's death, having so cohabited with the deceased person for at least one year.

153. Section 646 of the Act is replaced by the following:

Liability for damages

646. Where the death of a person has been caused by a wrongful act, neglect or default that, if death had not ensued, would have entitled the person injured to maintain an action in the Admiralty Court and recover damages in respect of the wrongful act, neglect or default , the dependants of the deceased may, notwithstanding the death, and although the death was caused under circum stances amounting in law to culpable homi cide, maintain an action for damages in any court of competent jurisdiction in Canada against the same defendants against whom the deceased would have been entitled to main tain an action in the Admiralty Court in respect of the wrongful act, neglect or default if death had not ensued.

154. The Act is amended by adding the following after section 646:

Contributory negligence and apportion-
ment of damages

646.1 Contributory negligence on the part of a deceased person is neither a bar, nor a complete defence, to an action under this Part, and the right to damages in an action under this Part is subject to any apportionment of damages due to any wrongful act, neglect or default of the deceased person.

155. Section 649 of the Act is replaced by the following:

One action only for same cause

649. Not more than one action lies for and in respect of the same subject-matter of complaint, and every action shall be com menced not later than two years after the death of a deceased.

156. Section 653 of the Act is replaced by the following:

Actions by rival claimants

653. Where actions are brought by or for the benefit of two or more persons claiming to be entitled, as a spouse , parent or child of a deceased person, the Court may make such order as it may deem just for the determination not only of the question of the liability of the defendant but of all questions respecting the persons entitled under this Act to the damages, if any, that may be recovered.

R.S., c. 6 (3rd Supp.), s. 84

157. The definition ``pollutant'' in section 654 of the Act is replaced by the following:

``pollutant''
« polluant »

``pollutant'' means

      (a) any 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 those waters to an extent that is detrimental to their use by humans or by any animal or 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 those waters to an extent that is detrimental to their use by humans or by any animal or plant that is useful to humans ,

    and, without limiting the generality of the foregoing, includes crude oil, fuel oil, heavy diesel oil, lubricating oil and any other persistent oil, any aquatic organism and pathogen and any substance or class of substance that is prescribed for the pur poses of this Part to be a pollutant;

158. The Act is amended by adding the following after section 655:

Minister of National Defence

655.1 This Part does not apply in respect of oil handling facilities operated under the authority of the Minister of National Defence.

R.S., c. 6 (3rd Supp.), s. 84

159. (1) Paragraph 657(1)(f) of the Act is replaced by the following:

    (e.1) prescribing procedures and practices to be followed by the operators of loading and unloading facilities for ships to ensure that pollutants are not discharged during the loading or unloading of a ship;

    (f) prescribing the supplies and equipment to be maintained by operators of loading and unloading facilities for ships to ensure the safe loading and unloading of ships, including the supplies and equipment to be maintained by them for use in the event of any discharge of a pollutant during the loading or unloading of a ship;

    (f.1) prescribing the procedures and practic es to be followed by operators of loading and unloading facilities for ships during the loading and unloading of ships, including during the loading and unloading of pollut ants, to ensure the safe loading and unload ing of ships;

    (f.2) prescribing procedures and practices to be followed by the operators of loading and unloading facilities for ships, and by per sons on board ships, in the event of any discharge of a pollutant during the loading or unloading of a ship;

(2) Paragraph 657(1)(i) of the Act is replaced by the following:

    (h.1) for preventing pollution by the dis charge of ballast water by ships, including pollution by aquatic organisms or patho gens;

    (i) respecting the design, construction and arrangement of ships carrying pollutants, their stability, both in an undamaged condi tion and in a damaged condition, and their equipment, fittings and systems;

(3) Section 657 of the Act is amended by adding the following after subsection (1):

Combina-
tions

(1.1) The Governor in Council may make regulations in respect of any matter referred to in subsection (1) in respect of tug and barge combinations working together, whether they are joined or not.

Meaning of barge

(1.2) For the purpose of subsection (1.1), ``barge'' includes a scow, a lighter, a floating platform or any object specified by the Governor in Council.

R.S., c. 6 (3rd Supp.), s. 84

160. Section 659 of the Act is repealed.

161. (1) Subsection 660.2(4) of the Act is amended by striking out the word ``and'' at the end of paragraph (c), by adding the word ``and'' at the end of paragraph (d) and by adding the following after paragraph (d):

    (e) have on site an oil pollution prevention plan required by the regulations.

1993, c. 36, s. 6

(2) Subsection 660.2(7) of the Act is replaced by the following:

Exemption

(7) Subject to any terms and conditions that the Minister considers appropriate, the Minis ter may exempt any ship or class of ships or any operator of an oil handling facility from the application of any provision of this section if the Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety, and every such exemption shall be published in the Canada Gazette.

1993, c. 36, s. 6

162. Subsection 660.10(1) of the Act is replaced by the following:

Advisory councils

660.10 (1) The Commissioner shall estab lish an advisory council in respect of each of the following geographic areas : Pacific, Great Lakes - St. Lawrence Basin, Atlantic and Arctic.

163. Subsection 661(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (a), by adding the word ``and'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) specify the requirements that a person must meet before being designated under this subsection and the conditions of the designation.

R.S., c. 6 (3rd Supp.), s. 84

164. (1) Paragraph 662(1)(a) of the Act is replaced by the following:

    (a) direct

      (i) any Canadian ship, whether within or outside waters to which this Part applies, or

      (ii) any other ship that is about to enter or is within waters to which this Part applies,

    to provide the officer with reasonable information concerning the condition of the ship, its equipment, radio equipment or machinery, the nature and quantity of its cargo, fuel and ballast water and the manner in which and the locations in which the cargo, fuel and ballast water of the ship are stowed and any other reasonable in formation that the officer considers ap propriate for the administration of this Part;

R.S., c. 6 (3rd Supp.), s. 84

(2) Paragraphs 662(1)(d) and (e) of the Act are replaced by the following:

    (d) go on board a foreign ship to which the Pollution Convention applies, and

      (i) inspect it in accordance with the provisions of the Pollution Convention and take action consequent on such inspection in accordance with the provi sions of that Convention, and

      (ii) conduct such inspections of the ship as will enable the officer to determine whether the ship meets the requirements of any regulations made under this Part or under paragraph 562.1(1)(a) or (b) that are applicable to the ship;

    (e) go on board any ship within waters to which this Part applies that the officer believes on reasonable grounds has dis charged a pollutant in contravention of this Part or any regulation made under this Part , take samples of any pollutant carried on that ship in respect of which the officer believes on reasonable grounds the contravention has occurred and take or make copies of any document that the officer is entitled to require the production of under this Part ;

1993, c. 36, s. 7(1)

(3) The portion of paragraph 662(1)(f) of the Act after subparagraph (iii) is replaced by the following:

    if the officer believes on reasonable grounds that the ship fails to comply with any provision of this Part or of any regula tions made under this Part or under para graph 562.1(1) (a) or (b) that is or may be applicable to it, or if that officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or any of its equipment, or any deficiency in its complement or the nature and condition of its cargo or ballast water , that such a direction is justified to prevent the dis charge of a pollutant;

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