BILL C-35 - First Reading

	319. Section 47 of the Act is replaced by the following:
Medical aid under one Act only	47. Notwithstanding anything in this Act, a seaman entitled to medical aid under Part 3 of the Canada Shipping Act, 2000 , or under any other Act that provides similar benefits, is not entitled to medical aid under this Act during the period and to the extent that medical aid is furnished under that Part or that other Act.
R.S., c. N-5	National Defence Act
	320. *Section 266 of the National Defence Act* is repealed.**
R.S., c. 15 (4th Supp.)	Non-smokers' Health Act
1996, c. 10, s. 247	321. *Subsection 2(2) of the Non-smokers' Health Act* is replaced by the following:**
Application outside Canada	(2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2000 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.
1992, c. 39	Northwest Territories Waters Act
	322. *The portion of the definition ``use'' in section 2 of the Northwest Territories 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, 2000 ;
1997, c. 9	Nuclear Safety and Control Act
	323. *Section 54 of the Nuclear Safety and Control Act* is repealed.**
R.S., O-7; 1992, c. 35, s. 2	Canada Oil and Gas Operations Act
1992, c. 35, s. 22(1)	324. *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 oil or gas, other than one that is authorized pursuant to 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, 2000 applies or a ship to which Part XVI of the Canada Shipping Act applies.
R.S., P-14	Pilotage Act
	325. *Section 2 of the Pilotage Act* is replaced by the following:**
Definitions	1.1 The definitions in this section apply in this Act.
``apprentice pilot'' « apprenti-pil ote »	``apprentice pilot'' means a person who is training to become a licensed pilot.
``licence'' « brevet »	``licence'' means a licence issued by an Authority under section 22.
``licensed pilot'' « pilote breveté »	``licensed pilot'' means a person who holds a valid licence.
``pilot'' « pilote »	``pilot'' means any person who does not belong to a ship and who has the conduct of it .
``ship'' « navire »	``ship'' includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion.
	PART 1
	PILOTAGE
	Interpretation
Definitions	2. The definitions in this section apply in this Part.
``Authority'' « Administra- tion »	``Authority'' means a Pilotage Authority established by section 3.
``Canadian waters'' « eaux canadiennes »	``Canadian waters'' means the territorial sea of Canada and all internal waters of Canada.
``compulsory pilotage'' « pilotage obligatoire »	``compulsory pilotage'' means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or the holder of a pilotage certificate.
``compulsory pilotage area'' « zone de pilotage obligatoire »	``compulsory pilotage area'' means an area of water in which ships are subject to compulsory pilotage.
``Minister'' « ministre »	``Minister'' means the Minister of Transport.
``pilotage certificate'' « certificat de pilotage »	``pilotage certificate'' means a certificate issued by an Authority under section 22.
	326. The Act is amended by adding the following after section 53:
	PART 2
	LOWER ST. LAWRENCE PILOTS' PENSIONS
	Interpretation
Definitions	54. The definitions in this section apply in this Part.
``Authority'' « Administra- tion »	``Authority'' means the Laurentian Pilotage Authority.
``CPBSL'' « CPBSL »	``CPBSL'' means the Corporation of the Lower St. Lawrence Pilots established by letters patent under Part II of the Canada Corporations Act, chapter 53 of the Revised Statutes of Canada, 1952, as amended by chapter 52 of the Statutes of Canada, 1964-65, a body corporate contracting with the Authority for the services of pilots under this Act, or any successor of the Corporation that carries on similar functions.
``CPHQ'' « CPHQ »	``CPHQ'' means the Corporation of Pilots for and below the Harbour of Quebec, established by chapter 123 of the Statutes of the Province of Canada, 1860 (23 Vict., c. 123).
``eligible pilot'' « pilote admissible »	``eligible pilot'' means a person
	(a) who became a member of the CPHQ and was licensed by the Authority as a pilot before 1994; or
	(b) who, on December 31, 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot.
``fund'' « Fonds »	``fund'' means the fund established by chapter 12 of the Statutes of the Province of Lower Canada, 1805 (45 George III, c. 12) and continued by chapter 114 of the Statutes of the Province of Canada, 1848-49 (12 Vict., c. 114), as amended.
``pension plan'' « régime de pension »	``pension plan'' means the plan established by the CPHQ for the administration of the fund.
``Société'' « Société »	``Société'' means the general partnership composed of the members of the CPBSL and called Les Pilotes du Bas Saint-Laurent, or its successor, and includes any predecessor of the Société that carried on similar functions on behalf of those members.
Part III of Canada Corporations Act	55. (1) The CPHQ is deemed to be a corporation to which section 158 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, applies.
Management of fund	(2) Notwithstanding the provisions of any Act relating to the CPHQ, the CPHQ has, and is deemed to have had at all times, the powers necessary for the administration of the pension plan on behalf of the CPBSL, including the power to
	(a) determine and receive the amounts payable into the fund by the CPBSL for the purpose of sustaining the fund;
	(b) manage and invest moneys paid into the fund;
	(c) determine the persons eligible to receive benefits from the fund, the amount they are to receive as benefits, when the payments of the benefits are to commence and the frequency of the payments; and
	(d) pay from the fund the benefits so determined and any amounts required for the management of the fund.
	Pension Benefits Standards Act, 1985
Application of Act	56. The Pension Benefits Standards Act, 1985 applies in respect of the pension plan and, for that purpose, the CPBSL is deemed to be the employer of eligible pilots and the administrator of the plan, and eligible pilots are deemed to be employees of the CPBSL.
	Income Tax Act
Status of CPHQ	57. For the purposes of paragraph 149(1)(o.1) of the Income Tax Act, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan within the meaning of that Act and to have operated at all times solely for that purpose.
Taxation of pension contributions	58. For any taxation year in respect of which the pension plan is a registered pension plan for the purposes of the Income Tax Act, sums paid into the fund by the CPBSL shall not be included in the income of an eligible pilot or in the income of the Société for the purposes of that Act.
Provisions re registered pension plans	59. (1) For the purposes of the provisions of the Income Tax Act and the Income Tax Regulations that relate to registered pension plans,
	(a) the CPBSL is deemed to have been the employer of an eligible pilot and an eligible pilot is deemed to have been an employee of the CPBSL throughout any period, either before or after the coming into force of this Part, during which the eligible pilot was a member of the CPBSL and held a pilot's licence from the Authority, whether suspended or not, or served as an apprentice pilot to obtain a pilot's licence for District No. 2 designated by the Authority;
	(b) an eligible pilot is deemed to have been employed and to have rendered services on a full-time basis throughout any year if the number of pilotage tours credited to the pilot for the year is not less than 90% of the average number of tours for pilots in the year, determined by the Société on the basis of the total number of paid tours for pilots in the year, and is otherwise deemed to have been employed and to have been rendering services on a part-time basis throughout the year, with the proportion of full-time service being determined as the proportion of the number of tours so credited to the average number of tours for pilots;
	(c) any period authorized by the CPBSL during which an eligible pilot was not available to perform services as a pilot, otherwise than by reason of illness or disability for more than 12 months, is deemed to be a period throughout which the pilot did not render services to the CPBSL by reason of leave of absence;
	(d) the period of employment of an eligible pilot by the CPBSL includes any period before 1994 during which the pilot
	(i) was enrolled at the Institut de Marine de Rimouski or any other educational institution accredited by the Authority, or
	(ii) served as an officer of a ship,
	to the extent that the period was credited under the pension plan before 1994;
	(e) the fees paid to an eligible pilot by the Société, either before or after the coming into force of this Part, are deemed to have been paid by the CPBSL and to be remuneration of the eligible pilot and, for the purposes of section 147.1 of the Income Tax Act, to be part of the pilot's compensation;
	(f) any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL and not by an eligible pilot;
	(g) the pension plan is deemed to be a grandfathered plan;
	(h) for the purposes of paragraph 8503(3)(e) and subsection 8509(3) of the Income Tax Regulations, all benefits provided under the pension plan in respect of periods before 1992 are deemed to be acceptable to the Minister of National Revenue to the extent that
	(i) the periods were credited under the pension plan before 1994, and
	(ii) the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;
	(i) subsection 8504(6) of the Income Tax Regulations does not apply in respect of benefits credited under the pension plan before 1994;
	(j) the past service pension adjustment (PSPA) of an eligible pilot with respect to the CPBSL for the year in which this Part comes into force shall be determined as if the eligible pilot's provisional PSPA with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act were nil, to the extent that the provisional PSPA relates to benefits provided under the pension plan in respect of years after 1993;
	(k) for each particular year that is after 1993 and before 1998,
	(i) the pension adjustment of an eligible pilot with respect to the CPBSL shall be determined as if the pension plan had been a registered pension plan in that particular year and as if all benefits provided to the pilot for that particular year had accrued on a current-service basis, and
	(ii) information returns reporting the pension adjustment so determined must have been filed, not later than September 9, 1998, with the Minister of National Revenue in the form and manner authorized by that Minister;
	(l) if the pension plan is registered under section 147.1 of the Income Tax Act within 120 days, or any longer period that is acceptable to the Minister of National Revenue, after June 11, 1998, the assets of the fund are deemed to have been transferred to the fund from a registered pension plan;
	(m) the CPHQ shall assume the obligations of the employer under Part LXXXIV of the Income Tax Regulations with respect to eligible pilots; and
	(n) the requirement of certification under paragraph 147.1(10)(a) of the Income Tax Act does not apply in relation to benefits provided under the pension plan before 1994 in respect of the years 1990, 1991, 1992 and 1993.
Additional benefits	(2) For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i).
Part X.1 tax	(3) For the purposes of Part X.1 of the Income Tax Act, the cumulative excess amount of an eligible pilot in respect of registered retirement savings plans at any time before July, 1998 shall be determined as if each of the following amounts were nil:
	(a) any pension adjustment of the pilot referred to in paragraph (1)(k); and
	(b) the pilot's provisional PSPA, within the meaning of the Income Tax Regulations, with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act.