307. (1) The definitions ``seaman'' and ``ship'' in subsection 2(1) of the Merchant Seamen Compensation Act are replaced by the following:

``seaman''
« marin »

``seaman'' means every person, except pilots, apprenticed pilots and fishers, employed or engaged on

      (a) a ship registered in Canada under the Canada Shipping Act, 2001 , or

      (b) a ship chartered by demise to a person resident in Canada or having their principal place of business in Canada,

    when the ship is engaged in trading on a foreign voyage or on a home-trade voyage, 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 their principal place of business in Canada when that ship is so engaged;

``ship''
« navire »

``ship'' means a vessel as defined in section 2 of the Canada Shipping Act, 2001 .

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``foreign voyage''
« voyage de long cours »

``foreign voyage'' means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;

``home-trade voyage''
« voyage de cabotage »

``home-trade voyage'' means a voyage, not being an inland or minor waters voyage, between places within the following areas, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude;

``inland voyage''
« voyage en eaux internes »

``inland voyage'' means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan;

``minor waters of Canada''
« eaux secondaires du Canada »

``minor waters of Canada'' means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and the sheltered waters on the seacoasts of Canada that the Minister of Transport may specify;

``minor waters voyage''
« voyage en eaux secondaires »

``minor waters voyage'' means a voyage within the following limits, namely, the minor waters of Canada together with the part of any lake or river forming part of the minor waters of Canada that lies within the United States;

308. Paragraph 31(1)(c) of the Act is replaced by the following:

    (c) if the expenses of burial of a seaman are paid by an employer under section 93 of the Canada Shipping Act, 2001 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);

309. Subsection 42(2) of the Act is replaced by the following:

No compensation if wages paid

(2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, 2001 , or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman.

310. 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, 2001 , 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

311. Section 266 of the National Defence Act is repealed.

R.S., c. 15 (4th Supp.)

Non-smokers' Health Act

1996, c. 10, s. 247

312. 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, 2001 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

313. 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, 2001 ;

1997, c. 9

Nuclear Safety and Control Act

314. Section 54 of the Nuclear Safety and Control Act is repealed.

R.S., c. O-7; 1992, c. 35, s. 2

Canada Oil and Gas Operations Act

1992, c. 35, s. 22(1)

315. 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, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

R.S., c. P-14

Pilotage Act

316. 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.

317. 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.