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Bill C-98

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Second Reading

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R.S., c. R-2; 1989, c. 17, s. 2	Radiocommunication Act
1989, c. 17, s. 4	*94. Paragraph 3(3)(c) of the Radiocommunication Act* is replaced by the following:**
	(c) any platform, rig, structure or formation that is affixed or attached to land situated in the continental shelf of Canada.
R.S., c. S-9	Canada Shipping Act
	*95. The definitions ``Department'' and ``Minister'' in section 2 of the Canada Shipping Act* are replaced by the following:**
``Department' ' « ministère »	``Department'' means
	(a) in section 385, subsection 422(2), the provisions of sections 423 to 475 respecting wrecks, Part VII and sections 562.15 to 562.2, 660.1 to 660.11 and 678, the Department of Fisheries and Oceans, and
	(b) in any other provision, the Department of Transport;
``Minister'' « ministre »	``Minister'' means
	(a) in section 385, subsection 422(2), the provisions of sections 423 to 475 respecting wrecks, Part VII and sections 562.15 to 562.2, 660.1 to 660.11 and 678, the Minister of Fisheries and Oceans, and
	(b) in any other provision, the Minister of Transport;
1989, c. 3, s. 53	96. Section 422 of the Act is replaced by the following:
Superintenden ce - Minister of Transport	422. (1) The Minister has throughout Canada the general superintendence of all matters relating to salvage and, subject to the Canadian Transportation Accident Investigation and Safety Board Act, shipping casualties.
Superintenden ce - Minister of Fisheries and Oceans	(2) The Minister of Fisheries and Oceans has throughout Canada the general superintendence of all matters relating to wrecks and receivers of wrecks.
R.S., c. 6 (3rd Supp.), s. 78	97. (1) Subsection 562.1(2) of the Act is replaced by the following:
Application of regulations	(2) Subject to subsections (3) and (4), regulations made under subsection (1) apply
	(a) to Canadian ships in all waters; and
	(b) to all ships in Canadian waters and the exclusive economic zone of Canada.
R.S., c. 6 (3rd Supp.), s. 78	(2) Subparagraph 562.1(3)(a)(ii) of the Act is replaced by the following:
	(ii) in the case of other ships, to which waters, within the waters described in paragraph (2)(b), the regulation applies;
R.S., c. 6 (3rd Supp.), s. 78	98. (1) Subsection 562.11(2) of the Act is replaced by the following:
Application of regulations	(2) Subject to subsections (3) and (4), regulations made under subsection (1) apply
	(a) to Canadian vessels in all waters; and
	(b) to all vessels in Canadian waters and the exclusive economic zone of Canada.
R.S., c. 6 (3rd Supp.), s. 78	(2) Subparagraph 562.11(3)(a)(ii) of the Act is replaced by the following:
	(ii) in the case of other vessels, to which waters, within the waters described in paragraph (2)(b), the regulation applies; and
R.S., c. 6 (3rd Supp.), s. 78	99. Subsection 562.13(2) of the Act is amended by adding the word ``and'' at the end of paragraph (a) and by replacing paragraphs (b) and (c) with the following:
	(b) the exclusive economic zone of Canada
R.S., c. 6 (3rd Supp.), s. 84	100. Subparagraph 655(1)(a)(ii) of the Act is replaced by the following:
	(ii) waters in the exclusive economic zone of Canada
1993, c. 36, s. 6	101. (1) The definition ``waters'' in subsection 660.2(1) of the Act is replaced by the following:
``waters'' « eaux »	``waters'' means
	(a) Canadian waters, and
	(b) waters in the exclusive economic zone of Canada
	and includes, notwithstanding subsection 655(1), waters that are within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act.
1993, c. 36, s. 6	(2) Subparagraph (c)(i) of the definition ``ship'' in subsection 660.2(1) of the Act is replaced by the following:
	(i) a ship that is not a Canadian ship if it is only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and if it is not engaged in the loading or unloading of oil during transit,
1993, c. 36, s. 6	(3) Subsection 660.2(5) of the Act is replaced by the following:
Provision not to apply - oil handling facilities	(5) Subsection (4) does not apply to an oil handling facility that is located in the territorial sea of Canada or the exclusive economic zone of Canada.
1993, c. 36, s. 6	102 Subsection 660.10(7) of the Act is replaced by the following:
Recommendat ions and response	(7) Each advisory council shall advise and may make recommendations to the Commissioner, and may report to the Minister or to any standing committee of either House of Parliament on Fisheries and Oceans or on Environment and shall receive a response to such report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.
R.S., c. 6 (3rd Supp.), s. 84	103. Paragraph 675(1)(c) of the Act is replaced by the following:
	(c) in the exclusive economic zone of Canada,
1993, c. 36, s. 15(2)	104. (1) Subparagraph 677(1)(b)(i) of the Act is replaced by the following:
	(i) the Minister of Fisheries and Oceans,
1993, c. 36, s. 15(2)	(2) Paragraph 677(1)(c) of the Act is replaced by the following:
	(c) for costs and expenses incurred
	(i) by the Minister of Fisheries and Oceans in respect of measures taken pursuant to paragraph 678(1)(a) in respect of any monitoring, or in relation to the direction of the taking of measures or their prohibition, pursuant to paragraph 678(1)(b) or (c), or
	(ii) by any other person in respect of measures the person was directed to take, or prohibited from taking, pursuant to paragraph 678(1)(b) or (c),
	to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures.
R.S., c. 6 (3rd Supp.), s. 84	105. Paragraph 709(e) of the Act is replaced by the following:
	(e) the actual or anticipated oil pollution damage has been caused by a Convention ship but the owner of the Convention ship is not liable because the actual or anticipated damage occurred in the exclusive economic zone of Canada;
R.S., c. 6 (3rd Supp.), s. 84	106. The portion of subsection 713(1) of the Act before paragraph (a) is replaced by the following:
Where party suffering damage sues owner of ship under s. 677	713. (1) Where a claimant commences proceedings against the owner of a ship or their guarantor in respect of a matter referred to in subsection 677(1), except in the case of proceedings commenced by the Minister of Fisheries and Oceans under paragraph 677(1)(c) in respect of a pollutant other than oil,
R.S., c. W-9; 1994, c. 23, s. 2(F)	Canada Wildlife Act
1994, c. 23, s. 8	*107. Subsection 4.1(1) of the Canada Wildlife Act* is replaced by the following:**
Protected marine areas	4.1 (1) The Governor in Council may establish protected marine areas in any area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada.
	Terminology
	108. The following provisions are amended by replacing the expression ``continental shelf'' with the expression ``continental shelf of Canada``:
	*(a) the definitions ``coasting trade'' and ``licence'' in subsection 2(1) and subsections 2(2) and 16(5) of the Coasting Trade Act; and*
	*(b) paragraph (a) of the definition ``designated goods'' in subsection 2(1) and sections 3 to 6 and 8 of the Customs and Excise Offshore Application Act.*
	COMING INTO FORCE
Coming into force	109. This Act or any of its provisions, other than section 53, comes into force on a day or days to be fixed by order of the Governor in Council.

Bill C-98

Radiocommunication Act

Canada Shipping Act

Canada Wildlife Act

Terminology

COMING INTO FORCE