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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
respecting shipping and navigation''.
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This enactment overhauls and replaces the Canada Shipping Act,
other than the portions that concern liability, with modernized
legislation that will promote the safety and economic performance of
the commercial marine industry as well as ensure the safety of those
who use pleasure craft. Key changes to the existing legislation include
improvements to provisions to protect and support efficient crews,
ensure passenger and vessel safety and protect the environment. A new
administrative penalties scheme provides an alternative means for
dealing with certain contraventions.
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The enactment clarifies the marine responsibilities between the
Department of Transport and the Department of Fisheries and Oceans.
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The enactment organizes the contents, updates the terminology and
streamlines substantive requirements to make the law much clearer and
easier to understand.
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Clause 280: Subsections 428(5) and (6) read as
follows:
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(5) Where security has been given to a bank under paragraph
427(1)(o) on a fishing vessel that is recorded or registered under the
Canada Shipping Act or registered under the Maritime Code, chapter 41
of the Statutes of Canada, 1977-78, the rights and powers of the bank
do not have priority over any rights that are subsequently acquired in the
vessel and are recorded or registered under that Act or Code unless a
copy of the document giving the security, certified by an officer of the
bank to be a true copy, has been recorded or registered under that Act
or Code in respect of the vessel before the recording or registration
thereunder of those rights.
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(6) A copy of the document giving the security described in
subsection (5), certified by an officer of the bank, may be recorded or
registered under the Canada Shipping Act or the Maritime Code,
chapter 41 of the Statutes of Canada, 1977-78, as if it were a mortgage
given thereunder, and on the recording or registration thereof the bank,
in addition to and without limitation of any other rights or powers vested
in or conferred on it, has all the rights and powers in respect of the vessel
that it would have if the security were a mortgage recorded or registered
under that Act or Code.
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Clause 281: Subsection 56(3) reads as follows:
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(3) Subject to any regulations made under section 62, practices and
procedures established by a port authority under subsection (1) shall not
be inconsistent with national standards and practices for marine vessel
traffic services, in particular those established under the Canada
Shipping Act.
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Clause 282: The relevant portion of subsection 58(2)
reads as follows:
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(2) A person designated under subsection (1) may direct a ship to do
or refrain from doing anything described in paragraph (1)(d) only if the
person believes on reasonable grounds that any of the following
circumstances exist:
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(f) the proximity of a ship navigating in an unsafe manner or with
improperly functioning navigation equipment or radio equipment,
or without charts or publications required by regulations made under
paragraph 562.1(1)(a) of the Canada Shipping Act;
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Clause 283: The relevant portion of subsection 120(1)
reads as follows:
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120. (1) Where a ship is sold pursuant to an order, the proceeds of the
sale shall be applied first to satisfy claims for wages of seamen under the
Canada Shipping Act and then to satisfy the following claims in order
of priority:
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Clause 284: The relevant portion of subsection 122(1)
reads as follows:
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122. (1) A port authority, the Minister or a person who has entered
into an agreement under subsection 80(5), as the case may be, has at all
times a lien on a ship and on the proceeds of its disposition for an amount
owing to the port authority, the Minister or the person, and the lien has
priority over all other rights, interests, claims and demands, other than
claims for wages of seamen under the Canada Shipping Act, if the
amount is owing in respect of
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Clause 285: Subsection 160(1) reads as follows:
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160. (1) In sections 161 to 165, ``spill'' means a discharge, emission
or escape of petroleum, other than one that is authorized pursuant to the
regulations or any other federal law or that constitutes a discharge from
a ship to which Part XV or XVI of the Canada Shipping Act applies.
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Clause 286: Subsection 165(1) reads as follows:
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165. (1) In sections 166 to 170, ``spill'' means a discharge, emission
or escape of petroleum, other than one that is authorized pursuant to the
regulations or any other federal law or that constitutes a discharge from
a ship to which Part XV or XVI of the Canada Shipping Act applies.
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Clause 287: Subsection 43(5) reads as follows:
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(5) In any case mentioned in subsection (1), whether or not the vessel
has actually been seized or detained, the Corporation has at all times a
lien on the vessel and on the proceeds of any sale or other disposition
thereof for the amount owing to the Corporation, which lien has priority
over all other rights, interests, claims and demands whatever, excepting
only claims for wages of seamen under the Canada Shipping Act.
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Clause 288: Subsection 17(5) of Schedule I reads as
follows:
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(5) In any case mentioned in subsection (1), whether or not the vessel
has actually been seized or detained, the local port corporation has at all
times a lien on the vessel and on the proceeds of any sale or other
disposition thereof for the amount owing to the corporation, which lien
has priority over all other rights, interests, claims and demands
whatever, excepting only claims for wages of seamen under the Canada
Shipping Act.
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Clause 289: The definition ``export'' in section 147
reads as follows:
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``export'', in respect of grain, means shipment by a vessel, as defined
in section 2 of the Canada Shipping Act, to any destination outside
Canada and shipment by any other mode of transport to the United
States for use of the grain in that country and not for shipment out of
that country;
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Clause 290: (1) The relevant portion of the definition
``engine'' in section 149 reads as follows:
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``engine'' means any prescribed internal combustion engine, but does
not include an engine designed to propel
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(c) a steamer, steamship or tug as defined in section 2 of the
Canada Shipping Act.
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(2) The relevant portion of the definition ``vehicle'' in
section 149 reads as follows:
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``vehicle'' means any prescribed self-propelled vehicle, but does not
include
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(c) a steamer, steamship or tug as defined in section 2 of the
Canada Shipping Act.
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Clause 291: Section 277 reads as follows:
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277. Subsection 389(5) of the Canada Shipping Act is not to be
construed so as to relieve any person from liability under this Act.
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Clause 292: The definition ``ship'' in section 2 reads
as follows:
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``ship'' includes
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(a) every description of vessel, boat or craft designed, used or
capable of being used solely or partly for marine navigation
without regard to method or lack of propulsion, and
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(b) a dynamically supported craft;
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Clause 293: Section 61 reads as follows:
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61. (1) For the sole purpose of enabling the completion under section
477 of the Canada Shipping Act of an investigation by a person, or by
persons who include a person, who is appointed as an investigator under
section 9 of this Act into, or into matters that include, the causes and
contributing factors of an accident on a ship, where the investigation
was commenced but not completed before the day on which section 54
of this Act comes into force,
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(a) that person continues to have the same powers and duties under
the Canada Shipping Act as the person had before the person's
appointment under this Act;
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(b) the Canadian Transportation Accident Investigation and Safety
Board shall make the services of that person available to the Minister
of Transport; and
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(c) that person shall be paid remuneration and expenses in respect of
the performance of duties under the Canada Shipping Act as if those
duties were being performed under this Act.
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(2) For the sole purpose of enabling the completion under section
480 of the Canada Shipping Act of a preliminary inquiry by a person,
or by persons who include a person, who is appointed as an investigator
under section 9 of this Act into, or into matters that include, the causes
and contributing factors of a shipping casualty, where the preliminary
inquiry was commenced but not completed before the day on which
section 55 of this Act comes into force,
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(a) that person continues to have the same powers and duties under
the Canada Shipping Act as the person had before the person's
appointment under this Act;
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(b) the Canadian Transportation Accident Investigation and Safety
Board shall make the services of that person available to the Minister
of Transport; and
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(c) that person shall be paid remuneration and expenses in respect of
the performance of duties under the Canada Shipping Act as if those
duties were being performed under this Act.
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Clause 294: Section 6 reads as follows:
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6. Nothing in this Act affects the operation of sections 389, 390 and
574 to 587 of the Canada Shipping Act or the operation of any other
enactment limiting the liability of the owners of ships or vessels.
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Clause 295: The relevant portion of subsection 2(2)
reads as follows:
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(2) For the purposes of this Act,
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(a) a person is deemed to be born in Canada if the person is born on
a Canadian ship as defined in the Canada Shipping Act, on an air
cushion vehicle registered in Canada under that Act or on an aircraft
registered in Canada under the Aeronautics Act and regulations
made thereunder;
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Clause 296: The definition ``Canadian fishing vessel''
in section 2 reads as follows:
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``Canadian fishing vessel'' means a fishing vessel
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(a) that is registered or licensed under the Canada Shipping Act,
or
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(b) that is not registered or licensed under the Canada Shipping
Act or under the laws of another state but is owned by one or more
persons each of whom is
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(ii) in the case of a vessel that is not required to be registered
or licensed under that Act, a person resident and domiciled in
Canada, or
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(iii) a corporation incorporated under the laws of Canada or a
province, having its principal place of business in Canada;
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Clause 297: Section 19 reads as follows:
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19. All courts, justices of the peace and provincial court judges in
Canada have the same jurisdiction with respect to offences under this
Act as they have under sections 610 and 611 of the Canada Shipping
Act with respect to offences under that Act, and those sections apply to
offences under this Act in the same manner and to the same extent as
they apply to offences under the Canada Shipping Act.
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Clause 298: The definitions ``Canadian ship'',
``master'' and ``ship'' in subsection 2(1) read as follows:
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``Canadian ship'' means a ship
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(a) registered under Part I of the Canada Shipping Act and in
respect of which all duties and taxes imposed under the Customs
Tariff and the Excise Tax Act have been paid, or
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(b) built in Canada and not required or entitled to be registered
under Part I of the Canada Shipping Act;
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``master'', in relation to a ship, has the same meaning as in the Canada
Shipping Act;
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``ship'' includes any description of vessel, boat or craft, including air
cushion vehicles and dynamically supported craft, designed, used or
capable of being used solely or partly for marine navigation without
regard to method or lack of propulsion;
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Clause 299: The relevant portion of subsection 3(2)
reads as follows:
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(2) Subsection (1) does not apply in respect of any foreign ship or
non-duty paid ship that is
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(e) engaged, with the approval of a pollution prevention officer,
within the meaning of section 661 of the Canada Shipping Act, in
activities related to a marine pollution emergency, or to a risk thereof.
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Clause 300: Sections 29 and 30 read as follows:
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29. In the case of any ship that, immediately prior to the coming
into force of this Act, is operating pursuant to a valid coasting trade
licence under the Canada Shipping Act, this Act shall apply to that ship
in respect of any activity authorized to be performed by the licence from
the day that licence would otherwise have expired had this Act not come
into force.
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30. All of the provisions of the Canada Shipping Act as that Act read
immediately prior to the coming into force of this Act shall continue to
apply with respect to any valid coasting trade licence under that Act in
force immediately prior to the coming into force of this Act.
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Clause 301: Subsection 31(2) reads as follows:
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(2) In the case of any ship that is a British ship or that benefits
from an exemption made pursuant to section 595 of the Canada
Shipping Act, this Act shall apply to that ship six months after the day
on which this Act comes into force.
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Clause 302: Subsection 17(4) reads as follows:
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(4) Notwithstanding section 606 of the Canada Shipping Act, one
justice of the peace has jurisdiction in respect of a contravention for
which proceedings are commenced under this Act.
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Clause 303: Section 44 reads as follows:
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44. The master or officer in command of a vessel on a voyage is
justified in using as much force as he believes, on reasonable grounds,
is necessary for the purpose of maintaining good order and discipline
on the vessel.
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Clause 304: The definition ``Crown ship'' in section
2 reads as follows:
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``Crown ship'' means a ship, as defined in section 673 of the Canada
Shipping Act, that is owned by or is in the exclusive possession of the
Crown;
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Clause 305: Subsection 5(1) reads as follows:
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5. (1) Subject to subsection (2), the law relating to civil salvage,
whether of life or property (except sections 453 to 456, 459 to 463 and
465 of the Canada Shipping Act), applies in relation to salvage services
rendered in assisting any Crown ship or aircraft, or in saving life
therefrom, or in saving any cargo or apparel belonging to the Crown, in
the same manner as if the ship, aircraft, cargo or apparel belonged to a
private person.
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Clause 306: Subsection 6(2) reads as follows:
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(2) Where, for the purposes of any proceedings under this Act, it is
necessary to ascertain the tonnage of a ship that has no register tonnage
within the meaning of the Canada Shipping Act, the tonnage of the ship
shall be ascertained in accordance with section 94 of that Act.
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Clause 307: Subsection 7(1) reads as follows:
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7. (1) Section 471 of the Canada Shipping Act applies in respect of
salvage services rendered to Crown ships or aircraft as it applies in
respect of salvage services rendered to other ships or aircraft.
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Clause 308: The relevant portion of subsection 16(2)
reads as follows:
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(2) Where any wreck that has come into Canada from outside
Canada is delivered up to the owner thereof or his agent pursuant to
section 441 of the Canada Shipping Act, the owner of the wreck
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Clause 309: Subsection 38(7) reads as follows:
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(7) Any requirement or direction of an inspector under this section
that is inconsistent with any requirement or order of a pollution
prevention officer under the Canada Shipping Act is void to the extent
of the inconsistency.
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Clause 310: Subsection 42(7) reads as follows:
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(7) Subsections (1) to (3) do not apply in respect of any deposit of a
deleterious substance that, within the meaning of Part XV of the
Canada Shipping Act, constitutes a discharge of a pollutant caused by
or otherwise attributable to a ship.
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Clause 311: Section 88 reads as follows:
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88. All courts and justices in Canada have the same jurisdiction with
respect to offences under this Act as they have under sections 610 and
611 of the Canada Shipping Act with respect to offences under that Act,
and those sections apply to offences under this Act in the same manner
and to the same extent as they apply to offences under the Canada
Shipping Act.
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Clause 312: Section 6 reads as follows:
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6. All courts, justices of the peace and provincial court judges in
Canada have the same jurisdiction with respect to offences under
regulations made pursuant to section 4 as they have under sections 610
and 611 of the Canada Shipping Act with respect to offences under that
Act, and those sections apply to offences under regulations made
pursuant to section 4 in the same manner and to the same extent as they
apply to offences under the Canada Shipping Act.
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Clause 313: The relevant portion of section 20 reads
as follows:
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20. Nothing in this Act affects
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(a) the provisions of the Canada Shipping Act respecting port
wardens,
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and this Act shall, with respect to the ports to which the Acts referred to
in paragraphs (a) to (d) apply, be construed as having been enacted in
addition to and not in derogation from those Acts.
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Clause 314: The relevant portion of subsection 127(2)
reads as follows:
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(2) No authorization referred to in subsection (1) is required where
an employee is killed or seriously injured by an accident or incident
involving
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(a) an aircraft, a ship, rolling stock or a pipeline, where the accident
or incident is being investigated under the Aeronautics Act, the
Canada Shipping Act or the Canadian Transportation Accident
Investigation and Safety Board Act; or
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Clause 315: The definition ``Canadian ship'' in
subsection 2(1) reads as follows:
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``Canadian ship'' means a ship registered under the Canada Shipping
Act or registered in Canada before August 1, 1936 under the
Merchant Shipping Act, 1894 of the Parliament of the United
Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or
amending that Act;
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Clause 316: (1) The definitions ``seaman'' and ``ship''
in subsection 2(1) read as follows:
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``seaman'' means every person, except pilots, apprenticed pilots and
fishermen, employed or engaged on
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(a) a ship registered in Canada, or
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(b) a ship chartered by demise to a person resident in Canada or
having his principal place of business in Canada,
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when the ship is engaged in trading on a foreign voyage or on a
home-trade voyage as those voyages are defined in the Canada
Shipping Act, and, if so ordered by the Governor in Council, includes
a seaman engaged in Canada and employed on a ship that is
registered outside Canada and operated by a person resident in
Canada or having his principal place of business in Canada when
that ship is so engaged;
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``ship'' means any ship or vessel as defined in the Canada Shipping Act.
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(2) New.
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Clause 317: The relevant portion of subsection 31(1)
reads as follows:
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31. (1) Where the death of a seaman results from an injury, the
following amounts of compensation shall be paid:
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(c) where the expenses of burial of a seaman are paid by an employer
under Part IV of the Canada Shipping Act, following any accident
in respect of which compensation is payable under this Act, the
amount of the expenses shall be deducted from the amount payable
under paragraphs (a) and (b);
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Clause 318: Subsection 42(2) reads as follows:
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(2) No compensation is payable in respect of the period during which
an employer is, under the Canada Shipping Act, or otherwise, liable for
the payment of wages and to defray the expenses of maintenance of an
injured seaman.
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Clause 319: Section 47 reads as follows:
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47. Notwithstanding anything in this Act, a seaman entitled to
medical aid under Part IV of the Canada Shipping Act, or 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 the Canada Shipping Act or that other Act.
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Clause 320: Section 266 reads as follows:
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266. Section 466 of the Canada Shipping Act does not apply in
respect of any claim for salvage services by Her Majesty or by the
commander or crew or part of the crew of a vessel or aircraft belonging
to or in the service of Her Majesty and used in the Canadian Forces.
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Clause 321: Subsection 2(2) reads as follows:
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(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 ship
registered under the Canada Shipping Act 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.
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Clause 322: The relevant portion of the definition
``use'' in section 2 reads as follows:
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``use'', in relation to waters, means a direct or indirect use of any kind,
including, without limiting the generality of the foregoing,
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but does not include a use connected with shipping activities that are
governed by the Canada Shipping Act;
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Clause 323: Section 54 reads as follows:
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54. Subsection 389(5) of the Canada Shipping Act does not apply in
respect of a nuclear substance, prescribed equipment, a nuclear facility
or a nuclear-powered vehicle.
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Clause 324: Subsection 24(1) reads as follows:
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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 ship to which Part XV or XVI of the Canada Shipping Act applies.
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Clause 325: Section 2 reads as follows:
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2. In this Act,
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``apprentice pilot'' means a person who is training to become a licensed
pilot;
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``Authority'' means a Pilotage Authority established by section 3;
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``Canadian waters'' means the territorial sea of Canada and all internal
waters of Canada;
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``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;
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``compulsory pilotage area'' means an area of water in which ships are
subject to compulsory pilotage;
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``licence'' means a licence issued by an Authority pursuant to section
22;
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``licensed pilot'' means a person who holds a valid licence;
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``Minister'' means the Minister of Transport;
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``pilot'' means any person not belonging to a ship who has the conduct
thereof;
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``pilotage certificate'' means a certificate issued by an Authority
pursuant to section 22;
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``ship'' includes any description of vessel or boat used or designed for
use in navigation, without regard to method or lack of propulsion.
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Clause 326: New.
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Clause 328: Subsection 52(3) reads as follows:
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(3) A ship exempt from registration under this Act before this Part
comes into force continues to be exempt until two years after this Part
comes into force.
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Clause 329: The definition ``pollutant'' in section 673
reads as follows:
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``pollutant'' means
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(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 man or by any animal, fish or plant that is useful to man, and
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(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 man or by any animal, fish
or plant that is useful to man,
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and, without limiting the generality of the foregoing, includes oil and
any substance or any substance of a class of substances that is
prescribed for the purposes of Part XV to be a pollutant;
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Clause 330: The relevant portion of the definition
``use'' in section 2 reads as follows:
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``use'', in relation to waters, means a direct or indirect use of any kind,
including, without limiting the generality of the foregoing,
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but does not include a use connected with shipping activities that are
governed by the Canada Shipping Act;
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