Bill C-15
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Small Vessels |
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Regulations
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421.1 (1) The Governor in Council may
make regulations
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Offence
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(2) Every person who contravenes a
provision of a regulation made under
subsection (1) is guilty of an offence and liable
on summary conviction to a fine of not more
than the maximum fine prescribed under
paragraph (1)(k) in respect of that
contravention or to imprisonment for a term of
not more than six months, or to both.
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13. Section 440 of the Act is replaced by
the following:
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Notice of
wreck
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440. (1) Every receiver of wrecks shall,
after taking possession of any wreck, notify
the owner, if known, or, if not known, cause a
notice to be published setting out a description
of the wreck.
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How notice to
be given
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(2) The notice must be published in the
manner, at the time or times and in the location
or locations that the receiver of wrecks
considers reasonable in the circumstances,
taking into account the value of the wreck and
the likelihood of the notice coming to the
attention of its owner.
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14. Section 445 of the Act is replaced by
the following:
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Disposal of
unclaimed
wreck
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445. (1) If no owner establishes a claim to
any wreck within the period that the receiver
of wrecks considers reasonable in the
circumstances, the wreck shall be disposed of
in the manner that the receiver of wrecks
directs.
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Disposal of
proceeds
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(2) The proceeds of the disposal, if any, are,
after payment of expenses, costs, fees and
salvage, to be paid over to the Receiver
General, to form part of the Consolidated
Revenue Fund.
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15. Section 448 of the Act is replaced by
the following:
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Delegation |
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Delegation
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447.1 A receiver of wrecks may delegate to
any person any of the receiver's powers,
duties and functions under this Act, other than
the power to hear and determine disputes
respecting salvage.
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Offence |
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Impeding
receiver of
wrecks
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448. Every person who wilfully impedes a
receiv-er of wrecks, a person assisting a
receiver of wrecks under subsection 428(1) or
a person to whom any powers, duties or
functions of a receiver of wrecks have been
delegated under section 447.1 in the execution
of any duty under this Act, or defaults in
appearing or giving evidence before a receiver
of wrecks, is guilty of an offence and liable on
summary conviction to a fine of not more than
$1,000.
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16. Section 641 of the Act is repealed.
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17. Section 649 of the Act is replaced by
the following:
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One action
only for same
cause
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649. Not more than one action lies for and
in respect of the same subject-matter of
complaint, and every action must be
commenced not later than two years after the
death of a deceased.
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18. The Act is amended by adding the
following after section 657:
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Ballast water
control and
management
regulations
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657.1 The Governor in Council may make
regulations respecting the control and
management of ballast water.
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19. (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):
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1993, c. 36,
s. 6
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(2) Subsection 660.2(7) of the Act is
replaced by the following:
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Exemption
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(7) Subject to any conditions that the
Minister considers appropriate, the Minister
may exempt for a specified period 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. Notice of every exemption
must be published in the Canada Gazette.
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20. The Act is amended by adding the
following after section 727:
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PART XVI.1 |
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LOWER ST. LAWRENCE PILOTS' PENSIONS |
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Interpretation |
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Definitions
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727.1 The definitions in this section apply
in this Part.
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``Authority'' « Adminis- tration »
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``Authority'' means the Laurentian Pilotage
Authority established by subsection 3(1) of
the Pilotage Act.
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``CPBSL'' « CPBSL »
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``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
the Pilotage Act, or any successor of the
Corporation that carries on similar
functions.
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``CPHQ'' « CPHQ »
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``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).
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``eligible
pilot'' « pilote admissible »
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``eligible pilot'' means a person
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``fund'' « Fonds »
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``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.
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``pension
plan'' « régime de pension »
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``pension plan'' means the plan established by
the CPHQ for the administration of the
fund.
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``Société'' « Société »
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``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.
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Part III of
Canada
Corporations
Act
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727.2 (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.
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Management
of fund
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(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
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Pension Benefits Standards Act, 1985 |
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Application of
Act
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727.3 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.
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Income Tax Act |
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Status of
CPHQ
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727.4 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.
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Taxation of
pension
contributions
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727.5 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.
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Provisions re
registered
pension plans
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727.6 (1) For the purposes of the provisions
of the Income Tax Act and the Income Tax
Regulations that relate to registered pension
plans,
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Additional
benefits
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(1.1) 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).
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Part X.1 tax
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(2) 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 the month immediately following the
month in which this Part comes into force shall
be determined as if each of the following
amounts were nil:
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