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Bill C-35

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First Reading

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	Procedure
Examination of persons before trial	268. (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case.
Use of examination	(2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.
No stay of proceedings without order	269. The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.
Jurisdiction	270. If there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where a conviction or an order is made, in the Province of Ontario, a judge of the Ontario Superior Court of Justice, in the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court, in the Province of Prince Edward Island or Newfoundland, a judge of the Trial Division of the Supreme Court, or, in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen's Bench, has power to hear and determine an application for a stay of proceedings on the conviction or order.
Documents admissible in evidence	271. (1) A document made, given or issued under this Act and appearing to be signed by the Minister of Transport, the Minister of Fisheries and Oceans, the Chief Registrar or a registrar, a marine safety inspector, the Chair of the Marine Technical Review Board, a marine communications and traffic services officer, a person exercising powers under subsection 135(2), a pleasure craft safety inspector or an enforcement officer is admissible as evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.
Copies or extracts	(2) A copy of or an extract from any record or other document that is made, given or issued under this Act by a person referred to in subsection (1) and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Admissibility of documents in evidence	272. A document that this Act declares to be admissible in evidence is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of the parties authority to receive evidence, and, in the absence of any evidence to the contrary, is proof of the matters stated in the document without proof of the signature or the official character of the person appearing to have signed it.
Document entries as proof	273. In an action or proceeding under this Act, an entry in a record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated as against the person who made the entry or was required to keep the record or, if the record was kept in respect of a vessel, against the authorized representative or master.
	Application of Fines
Paid to Receiver General	274. (1) Subject to subsection (2), all fines imposed under this Act must, despite any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund.
Application of fines	(2) A court, justice of the peace or provincial court judge who imposes a fine under this Act may direct that the whole or a portion of it may
	(a) be applied in compensating a person for any wrong or damage that may have been caused by the act or default in respect of which the fine was imposed;
	(b) be applied in or toward payment of the expenses of the proceedings; or
	(c) be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.
	State of War or Armed Conflict
Prohibition of shipment of articles of war	275. (1) No person shall, during a prescribed period,
	(a) discharge from a Canadian vessel a prescribed article in any prescribed territory or within the territorial waters adjacent to the territory;
	(b) tranship on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;
	(c) take on board or carry on a Canadian vessel such an article consigned to or destined for a place in such a territory; or
	(d) take on board or carry on any other vessel in Canadian waters such an article consigned to or destined for a place in such a territory.
Powers if contravention suspected	(2) Any person, or member of a class of persons, designated by the Minister of Transport or the Minister of National Defence for the purposes of this section, who has reason to suspect that a vessel is contravening or has contravened subsection (1) may
	(a) direct the master to stop the vessel or proceed to the place that the person may select, and to moor, anchor or remain there for any reasonable period that the person may specify;
	(b) board the vessel;
	(c) direct the master to produce any documents relating to any cargo that is being carried or has been carried on the vessel;
	(d) search the vessel, examine the cargo and direct the master or a member of the crew to open any package or parcel that the person suspects contains articles prescribed for the purposes of subsection (1); and
	(e) make any other examination or inquiry that the person considers necessary to determine whether subsection (1) is being or has been contravened.
Power to take vessel	(3) If the person has reasonable grounds to believe that subsection (1) is being or has been contravened, the person may take the vessel to the nearest or most convenient port in order that the alleged contravention may be adjudicated by a court of competent jurisdiction.
Regulations	(4) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
	(a) prescribing any territory in which there is a state of war or armed conflict;
	(b) prescribing anything else that may be prescribed under this section;
	(c) exempting, in the case of any territory prescribed under paragraph (a), an article or class of articles from the application of this section; and
	(d) for carrying out the purposes and provisions of this section.
Contraven- tions	(5) Every person who contravenes subsection (1) or a direction made under paragraph (2)(a) or (c) commits an offence and is liable
	(a) on conviction on indictment,
	(i) if the offence is committed knowingly, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both.
Authorized representa- tive or master	(6) If a person on a vessel commits an offence under this section and the authorized representative or master authorized or acquiesced in the offence, the authorized representative or master is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the person whether or not the person has been prosecuted.
	PART 13
	TRANSITIONAL
Decisions that cease to have effect	276. Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.
Acquired rights	277. (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes.
Expiry of certificates of registry	*(2) A certificate of registry issued under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, expires no later than February 25, 2003.*
Grace period	(3) A vessel that was not required to be registered under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.
Certificates to remain in force	278. Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.
Regulations remain in force	279. (1) Regulations made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, other than Part XVI of that Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed.
Regulations	(2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1).
Pleasure craft	(3) Every vessel that, immediately before the coming into force of section 335, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985 (that Act), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first.
Offence	(4) Every person who, or vessel that, contravenes a regulation that is in force under subsection (1) commits an offence and is liable
	(a) on conviction on indictment,
	(i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $125,000 or to imprisonment for a term of not more than six months, or to both.
	PART 14
	CONSEQUENTIAL AND CONDITIONAL AMENDMENTS, REPEALS AND COMING INTO FORCE
	Consequential Amendments
1991, c. 46	Bank Act
	280. *Subsections 428(5) and (6) of the Bank Act* are replaced by the following:**
Security on fishing vessels	(5) If 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, 2000 , 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 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 in respect of the vessel before the recording or registration under that Act of those rights.
Effect of registration of security	(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, 2000 as if it were a mortgage given under that Act and, on the recording or registration of the document , 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.
1998, c. 10	Canada Marine Act
	281. *Subsection 56(3) of the Canada Marine Act* is replaced by the following:**
Consistency	(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, 2000 .
	282. Paragraph 58(2)(f) of the Act is replaced by the following:
	(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 119(1)(b) of the Canada Shipping Act, 2000 ;
	283. The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:
Payment of proceeds	120. (1) If a ship is sold under an order, the proceeds of the sale shall be applied first to satisfy claims for wages of crew members under the Canada Shipping Act, 2000 and then to satisfy the following claims in order of priority:
	284. The portion of subsection 122(1) of the Act before paragraph (a) is replaced by the following:
Lien on ships	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 crew members under the Canada Shipping Act, 2000 , if the amount is owing in respect of
1987, c. 3	Canada-Newfoundland Atlantic Accord Implementation Act
1992, c. 35, s. 73(1)	285. *Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act* is replaced by the following:**
Definition of ``spill''	160. (1) In sections 161 to 165, ``spill'' means a discharge, emission or escape of petroleum, other than one that is authorized under 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, 2000 applies or a ship to which Part XVI of the Canada Shipping Act applies.
1988, c. 28	Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
1992, c. 35, s. 110(1)	286. *Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act* is replaced by the following:**
Definition of ``spill''	165. (1) In sections 166 to 170, ``spill'' means a discharge, emission or escape of petroleum, other than one that is authorized under 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, 2000 applies or a ship to which Part XVI of the Canada Shipping Act applies.
R.S., c. C-9	Canada Ports Corporation Act
	287. *Subsection 43(5) of the Canada Ports Corporation Act* is replaced by the following:**
Corporation to have lien	(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 of it 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 crew members under the Canada Shipping Act, 2000 .
	288. Subsection 17(5) of Schedule I to the Act is replaced by the following:
	(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 of it 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 crew members under the Canada Shipping Act, 2000 .