Bill C-15
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-15 |
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An Act to amend the Canada Shipping Act and
to make consequential amendments to
other Acts
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R.S., c. S-9;
R.S., cc. 27,
31 (1st
Supp.), cc. 1,
27 (2nd
Supp.), c. 6
(3rd Supp.), c.
40 (4th
Supp.); 1989,
cc. 3, 17;
1990, cc. 16,
17, 44; 1991,
c. 24; 1992,
cc. 1, 27, 31,
51; 1993, c.
36; 1994, cc.
24, 41; 1995,
cc. 1, 5; 1996,
cc. 21, 31;
1997, c. 1
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CANADA SHIPPING ACT |
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R.S., c. 6 (3rd
Supp.),
s. 1(2)
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1. (1) The definitions ``British ship'',
``builder's mortgage'', ``pleasure yacht'',
``recorded vessel'', ``registrar'' and
``tonnage regulations'' in section 2 of the
Canada Shipping Act are repealed.
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R.S., c. 6 (3rd
Supp.),
s. 1(2)
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(2) The definitions ``Canadian ship'',
``gross tonnage'', ``passenger'' and
``register tonnage'' in section 2 of the Act
are replaced by the following:
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``Canadian
ship'' « navire canadien »
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``Canadian ship'' means a ship registered or
listed under Part I;
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``gross
tonnage'' « jauge brute »
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``gross tonnage'' means the overall size of a
ship as determined by a tonnage measurer;
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``passenger'' « passager »
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``passenger'' means a person carried on a ship
by the owner or operator, other than
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``register
tonnage'' « jauge au registre »
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``register tonnage'' means the net tonnage
shown on a ship's certificate of registry;
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(3) Paragraph (d) of the definition
``wreck'' in section 2 of the Act is replaced
by the following:
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(4) Section 2 of the Act is amended by
adding the following in alphabetical order:
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``authorized
represen- tative'' « représen- tant autorisé »
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``authorized representative'' means, except in
paragraph 712(7)(a), an authorized
representative referred to in section 9;
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``bare-boat
charter'' « affrète- ment coque nue »
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``bare-boat charter'' means a ship charter
agreement under which the charterer has
complete possession and control of the ship,
including the right to appoint its master and
crew;
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``net
tonnage'' « jauge nette »
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``net tonnage'' means the useful capacity of a
ship as determined by a tonnage measurer;
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``pleasure
craft'' « embarca- tion de plaisance »
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``pleasure craft'' means a vessel used by an
individual for pleasure and not for a
commercial purpose;
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``qualified
person'' « personne qualifiée »
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``qualified person'' means
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``Register'' « Registre »
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``Register'' means the Canadian Register of
Ships established under section 13;
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``special
purpose
personnel'' « personnel d'un navire à usage spécial »
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``special purpose personnel'' means a person
designated as special purpose personnel
under subsection 379.1(1);
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``special
purpose ship'' « navire à usage spécial »
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``special purpose ship'' means a ship
designated as a special purpose ship under
subsection 379.1(1);
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R.S., c. 6 (3rd
Supp.), s. 2
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2. Section 2.1 of the Act is replaced by the
following:
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References to
owner
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2.1 Every reference in this Act, other than
in Part I, to ``owner'' shall be read as a
reference to
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R.S., c. 31 (1st
Supp.), ss. 87
to 89, c. 6
(3rd Supp.),
ss. 4 to 6,
87(F)
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3. The headings before section 4 and
sections 4 to 106 of the Act are replaced by
the following:
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PART 0.1 |
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GENERAL |
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Her Majesty |
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Binding on
Her Majesty
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4. Except as otherwise provided, this Act is
binding on Her Majesty in right of Canada or
a province.
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Objectives |
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Objectives of
Act
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5. The objectives of this Act are to
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Application |
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Exclusion
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6. (1) Except as otherwise provided, this
Act, other than sections 467 to 471 and 565 to
567, does not apply to a vessel belonging to the
Canadian Forces or a foreign military force or
to any other vessel that is under the command,
control or direction of the Canadian Forces.
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Regulations
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(2) The Governor in Council may make
regulations varying or excluding the
application, in respect of government ships, of
any provision of this Act.
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Ministerial Responsibility |
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Role of
Minister of
Transport
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7. (1) Except as otherwise provided in this
Act, the Minister of Transport is responsible
for the administration of this Act.
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Role of
Minister of
Fisheries and
Oceans
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(2) The Minister of Fisheries and Oceans is
responsible for all matters under this Act
relating to safety and licensing of pleasure
craft.
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Powers of Ministers |
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General
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8. (1) For the purpose of achieving the
objectives set out in section 5, the Minister of
Transport or the Minister of Fisheries and
Oceans may, with respect to that Minister's
responsibilities under this Act,
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Emergency
power of
Minister of
Transport
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(2) Subject to any conditions that the
Minister of Transport considers appropriate,
the Minister may exempt for a specified
period any ship owner, ship or class of ships
from the application of any provision of this
Act or the regulations 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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Authorized Representative |
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Authorized
representa- tive
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9. (1) Every Canadian ship, other than a
pleasure craft, must have a person who is
responsible for acting with respect to all
matters relating to the ship and who is to be
known as the authorized representative.
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Authorized
representa- tive
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(2) Subject to subsections (3) and (4), the
authorized representative of a Canadian ship
is the owner of the ship or, in the case of a ship
described in section 18 (a bare-boat chartered
ship), the bare-boat charterer.
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Represen- tative if more than one owner
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(3) In the case of a Canadian ship that is
owned by more than one person, the owners
must appoint one of themselves as the
authorized representative.
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Represen- tative of foreign corporation
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(4) In the case of a ship owned by a
corporation that is incorporated under the laws
of a country other than Canada, the authorized
representative must be
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Acts or
omissions of
authorized
representa- tive binding
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(5) The owner of a Canadian ship is bound
by the acts or omissions of their authorized
representative with respect to any matter
relating to the ship.
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