Bill C-35
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TABLE OF PROVISIONS |
| AN ACT RESPECTING SHIPPING AND NAVIGATION
|
SHORT TITLE |
| 1. Short title
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INTERPRETATION |
| 2. Definitions
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| 3. Descriptive cross-references
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| 4. Regulations
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PART 1 |
GENERAL |
Her Majesty |
| 5. Binding on Her Majesty
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Objectives |
| 6. Objectives of Act
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Application |
| 7. Exclusion
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| 8. Application of this Part
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Ministerial Responsibility |
| 9. Role of Minister of Transport
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Powers of Ministers |
| 10. General
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Inspections by Marine Safety Inspectors and Others |
| 11. Appointment of marine safety inspectors
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| 12. Authorizing others to inspect
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| 13. Audit
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Authorized Representative |
| 14. Authorized representative
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Adjudicators |
| 15. Appointment
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Canadian Maritime Documents |
| 16. Application
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| 17. Period of validity
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| 18. Production of document
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| 19. Lost documents
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| 20. Suspension and cancellation
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Other Documents |
| 21. Issuance of documents to foreign vessels
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| 22. Foreign documents
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General Prohibitions |
| 23. Destruction of documents, fraud, obstruction and
movement of detained vessel
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Tonnage Measurers |
| 24. Appointment of tonnage measurers
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| 25. Fees and travel expenses
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Marine Technical Review Board |
| 26. Establishment
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| 27. Striking panels
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| 28. Application
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International Conventions, Protocols and Resolutions |
| 29. Schedule 1
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| 30. Additions to Schedule 1 or 2
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| 31. Deletions from Schedule 1 or 2
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Incorporation by Reference |
| 32. Externally produced material
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| 33. Defence
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Orders and Directions |
| 34. In writing
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Regulations |
| 35. Regulations - Minister of Transport
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Fees |
| 36. Debt due to Her Majesty
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Offences and Punishment |
| 37. Contravention of section 23
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| 38. Contravention of regulations made under par. 35(1)(d) or
(3)(a)
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| 39. Contravention of Act
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| 40. Contravention of Act or regulations
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PART 2 |
REGISTRATION, LISTING AND RECORDING |
Interpretation |
| 41. Definition of ``Minister''
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Canadian Register of Vessels and Registrars |
| 42. Appointment of Chief Registrar
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| 43. Duties and powers of Chief Registrar
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| 44. Registrars
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| 45. Immunity
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Registration, Listing and Recording |
| 46. Mandatory registration of vessels
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| 47. Optional registration
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| 48. Foreign vessels
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| 49. Vessels under construction
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| 50. Vessels built outside Canada
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Application |
| 51. Application
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Names of Vessels |
| 52. Before registration or listing
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Ownership of Vessels |
| 53. Shares
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Certificates |
| 54. Certificates of registry
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| 55. Provisional certificates
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| 56. Lost certificates
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Marking |
| 57. Marking
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Notifying Chief Registrar |
| 58. Notification of changes
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Maintenance of Register |
| 59. Amendments
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Suspension, Cancellation and Reinstatement of Registration |
| 60. Suspension and cancellation
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| 61. Registration of mortgages not affected
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| 62. Reinstatement
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Custody of Certificates of Registry and Provisional Certificates |
| 63. Carrying on board
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Rights and Obligations |
| 64. Right to fly Canadian flag
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Mortgages |
| 65. Mortgage of vessel or share
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| 66. Entry of discharge of mortgage
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| 67. Priority of mortgages
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| 68. Mortgagee not treated as owner
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| 69. Mortgagee has power of sale
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| 70. Mortgage not affected by bankruptcy
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| 71. Transfer of mortgages
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| 72. Transmission of interest of mortgagee
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Transfers of Vessels or Shares in Vessels |
| 73. Transfer
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| 74. Order for sale on acquisition by an unqualified person
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| 75. Power of court to prohibit transfer
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Entries |
| 76. Copies of entries
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Regulations |
| 77. Regulations
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Offences and Punishment |
| 78. Contravention of Act or regulations
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| 79. Contravention of Act or regulations
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PART 3 |
PERSONNEL |
Interpretation |
| 80. Definition of ``Minister''
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Application |
| 81. Canadian vessels
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Masters |
| 82. Presentation of documents
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| 83. Detention of persons
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Stowaways and Other Persons |
| 84. Liable for discipline
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Contract of Employment |
| 85. Masters' contracts
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Certificates |
| 86. Positions on board Canadian vessels
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| 87. Eligibility
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| 88. Acceptance of foreign certificates
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Medical or Optometric Information |
| 89. Minister to be provided with information
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Articles of Agreement, Discharge and Record of Sea Service |
| 90. Articles of agreement
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| 91. Discharge
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| 92. Record of sea service
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Return of Crew Members |
| 93. Return and payment of expenses
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| 94. Desertion or serious violation of contract
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Births and Deaths |
| 95. Informing province
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| 96. Death of crew member
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Obligation of Persons Who Provide Crew Members |
| 97. If an agreement to provide crew members
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Resolution of Disputes |
| 98. Adjudication by Minister
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Regulations |
| 99. Regulations
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Offences and Punishment |
| 100. Contravention of Act or regulations
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| 101. Contravention of Act
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| 102. Contravention of Act or regulations
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PART 4 |
SAFETY |
Interpretation |
| 103. Definition of ``Minister''
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Application |
| 104. Canadian vessels and foreign vessels
|
Authorized Representatives |
| 105. General duties
|
Masters |
| 106. Obtaining Canadian maritime documents
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| 107. Exemptions
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| 108. Safety of persons
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| 109. Carrying excess number of persons
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| 110. Compliance with directions
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| 111. Information to be sent respecting dangers to navigation
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Crew |
| 112. Carrying out duties and reporting
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| 113. Compliance with directions
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Passengers |
| 114. Compliance with directions
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Authorized Representatives, Masters, Crew Members and Other Persons |
| 115. When boarding a vessel prohibited
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| 116. Tampering and vandalism
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| 117. Jeopardizing safety
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Construction of Vessels |
| 118. In accordance with plans
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Regulations |
| 119. Regulations
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Offences and Punishment |
| 120. Contravention of Act or regulations
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| 121. Contravention of subsection 109(2)
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| 122. Contravention of Act
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| 123. When compliance agreement in effect
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PART 5 |
NAVIGATION SERVICES |
Interpretation |
| 124. Definitions
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Vessel Traffic Services |
| 125. Entering, leaving or proceeding within a VTS Zone
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| 126. Variations from requirements or conditions
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Aids to Navigation |
| 127. Aids to navigation vest in Her Majesty
|
| 128. Obligation to report damage
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Search and Rescue |
| 129. Designation of rescue coordinators
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| 130. Answering distress signal
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| 131. Assistance
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| 132. Aircraft treated as if vessel
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Sable and St. Paul Islands |
| 133. Presence on Islands
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| 134. In what counties the Islands are deemed to be
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Enforcement |
| 135. Designation
|
Regulations |
| 136. Regulations
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Offences and Punishment |
| 137. Contravention of Act
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| 138. Contravention of Act or regulations
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| 139. Contravention of section 133
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PART 6 |
INCIDENTS, ACCIDENTS AND CASUALTIES |
Interpretation |
| 140. Definitions
|
Application |
| 141. Vessels
|
Salvage |
| International Convention on Salvage, 1989
|
| 142. Salvage Convention
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| Salvage by Crown Vessels
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| 143. When salvage services may be claimed
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| 144. Governor in Council may accept offers of settlement
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| Limitation of Time for Salvage Proceedings
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| 145. Proceedings within two years
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| Aircraft
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| 146. Aircraft treated as if vessel
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| Rights Not Affected
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| 147. Salvage
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Obligations in Case of Collisions |
| 148. Duty of masters in collision
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Inquiries into Casualties |
| 149. Appointment of person to hold inquiry
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| 150. Report to the Minister
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Inquiry into Causes of Death |
| 151. Inquiry into cause of death on board
|
Regulations |
| 152. Regulations - Minister
|
Offences and Punishment |
| 153. Contravention of paragraph 148(a) or the regulations
|
| 154. Contravention of Act or regulations
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PART 7 |
WRECK |
Interpretation |
| 155. Definitions
|
Designation of Receivers of Wreck |
| 156. Designation
|
Found Wreck |
| 157. Duty of persons taking possession of wreck
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| 158. Salvage award
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| 159. Prohibition
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| 160. Delivery of wreck or proceeds of disposition
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| 161. Interpleader in case of wreck
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Disposition of Wreck |
| 162. When wreck may be disposed of
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| 163. Unpaid salvage, fees, expenses
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| 164. Release of wreck
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Regulations |
| 165. Regulations - Minister
|
Offences and Punishment |
| 166. Contravention of Act or regulations
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PART 8 |
POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS |
Interpretation |
| 167. Definitions
|
Application |
| 168. Application
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Discharges of Oil |
| 169. Vessels - requirements
|
| 170. Oil handling facilities - requirements
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Response Organizations |
| 171. Certificate of designation
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| 172. Statement of fees
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| 173. Prescribed procedures, equipment and resources
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Advisory Councils |
| 174. Advisory councils
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Report to Parliament |
| 175. Review and report by Minister
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Pollution Prevention Officers |
| 176. Designation
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| 177. Powers - general
|
| 178. Assistance to pollution prevention officer
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Detention of Vessels |
| 179. Detention
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| 180. Interference with service
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| 181. Direction to move a detained vessel
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Response Measures |
| 182. Minister may take necessary measures
|
| 183. Civil or criminal liability
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Regulations |
| 184. Regulations
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Offences and Punishment |
| 185. Contravention of Act
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| 186. Contravention of Act or regulations
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PART 9 |
POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT |
Interpretation |
| 187. Definitions
|
Application |
| 188. Application
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Pollution Incidents |
| 189. Discharge of pollutant prohibited
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| 190. Implementation of oil pollution emergency plan
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Directions to Vessels |
| 191. Powers in case of discharge
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Regulations |
| 192. Regulations
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Offences and Punishment |
| 193. Contravention of Act or regulations
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| 194. Contravention of regulations
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| 195. Contravention of directions
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| 196. Court orders
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PART 10 |
PLEASURE CRAFT |
Interpretation |
| 197. Definitions
|
Inspections |
| 198. Appointment
|
| 199. Inspections - general
|
| 200. Manufacturers and importers
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| 201. Powers
|
| 202. Operation prohibited
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Investigations |
| 203. Stopping and boarding vessels
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Operators of Pleasure Craft |
| 204. Duty
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Pleasure Craft Licences |
| 205. Licensing of pleasure craft
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| 206. Application
|
| 207. Licence number
|
| 208. Lost documents
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Regulations |
| 209. Regulations
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Offences and Punishment |
| 210. Contravention of Act
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| 211. Contravention of Act or regulations
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| 212. Limitation period
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PART 11 |
ENFORCEMENT - DEPARTMENT OF TRANSPORT |
Interpretation |
| 213. Definitions
|
Inspections |
| 214. Authorized persons and organizations
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| 215. Seizure
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Inspection of Cargo |
| 216. Notification of Minister
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| 217. Boarding a vessel
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| 218. Boarding a vessel or entering premises
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| 219. Powers and restrictions
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| 220. Minister may adjudicate
|
Clearance |
| 221. No departure without clearance
|
| 222. Granting clearance
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Voyage with a Person on Board without Their Consent |
| 223. Prohibition
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Whistle-blowing |
| 224. Reasonable grounds
|
| 225. Inspection
|
| 226. Prohibition
|
Investigations |
| 227. Investigations
|
| 228. Search and seizure without warrant
|
Analysis and Examination |
| 229. Submission
|
Detention of Vessels |
| 230. Optional detention
|
| 231. Interference with service
|
| 232. Direction to move a detained vessel
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Sale of Vessels |
| 233. Distress on vessel for sums ordered to be paid
|
| 234. Abandoned vessels
|
Foreign Vessels in Contravention of International Conventions |
| 235. Minister's powers
|
Administrative Penalties |
| Interpretation
|
| 236. Definition of ``violation''
|
| Assurances of Compliance and Notices of Violation
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| 237. If reasonable grounds to believe a violation
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| 238. Deemed violation
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| 239. When assurance of compliance complied with
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| 240. Notice of violation
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| Choice of Proceedings
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| 241. How contravention may be proceeded with
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| Recovery of Debts
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| 242. Debts due to Her Majesty
|
| 243. Certificate of default
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| Rules of Law about Violations
|
| 244. Violations are not offences
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| 245. Common law principles
|
| 246. Vicarious liability - Canadian maritime document holders
|
| General Provisions
|
| 247. Notations removed
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| 248. Disclosure of notations of violations
|
| 249. Limitation period
|
| 250. Certificate of Minister
|
| 251. When compliance agreement in effect
|
Regulations |
| 252. Regulations
|
Offences and Punishment |
| 253. Contravention of Act
|
| 254. Contravention of Act or regulations
|
PART 12 |
MISCELLANEOUS |
Goods |
| 255. Definition of ``carrier''
|
| 256. Carrier's lien
|
| 257. Sale or other disposition of goods
|
| 258. Responsibility for goods
|
Offences by Vessels |
| 259. Proof of offence
|
Offences by Persons |
| 260. Damage to environment and risk of death or harm to
persons
|
Prohibitions on Conviction |
| 261. Court order
|
Summary Conviction Proceedings |
| 262. Limitation period
|
Jurisdiction |
| 263. Jurisdiction in case of offences
|
| 264. Jurisdiction over vessels lying off coasts
|
Damage Occasioned by Foreign Vessels |
| 265. Power to detain foreign vessel that has caused damage
|
Defence |
| 266. Defence available in certain cases
|
Depositions in Legal Proceedings |
| 267. Depositions received when witness cannot be produced
|
Procedure |
| 268. Examination of persons before trial
|
| 269. No stay of proceedings without order
|
| 270. Jurisdiction
|
| 271. Documents admissible in evidence
|
| 272. Admissibility of documents in evidence
|
| 273. Document entries as proof
|
Application of Fines |
| 274. Paid to Receiver General
|
State of War or Armed Conflict |
| 275. Prohibition of shipment of articles of war
|
PART 13 |
TRANSITIONAL |
| 276. Decisions that cease to have effect
|
| 277. Acquired rights
|
| 278. Certificates to remain in force
|
| 279. Regulations remain in force
|
PART 14 |
CONSEQUENTIAL AND CONDITIONAL AMENDMENTS, REPEALS AND COMING INTO FORCE |
Consequential Amendments |
| 280. Bank Act
|
| 281-284. Canada Marine Act
|
| 285. Canada-Newfoundland Atlantic Accord Implementation
Act
|
| 286. Canada-Nova Scotia Offshore Petroleum Resources
Accord Implementation Act
|
| 287-288. Canada Ports Corporation Act
|
| 289. Canada Transportation Act
|
| 290-291. Canadian Environmental Protection Act, 1999
|
| 292-293. Canadian Transportation Accident Investigation and
Safety Board Act
|
| 294. Carriage of Goods by Water Act
|
| 295. Citizenship Act
|
| 296-297. Coastal Fisheries Protection Act
|
| 298-301. Coasting Trade Act
|
| 302. Contraventions Act
|
| 303. Criminal Code
|
| 304-307. Crown Liability and Proceedings Act
|
| 308. Customs Act
|
| 309-311. Fisheries Act
|
| 312. Great Lakes Fisheries Convention Act
|
| 313. Health of Animals Act
|
| 314. Canada Labour Code
|
| 315. Marine Transportation Security Act
|
| 316-319. Merchant Seamen Compensation Act
|
| 320. National Defence Act
|
| 321. Non-smokers' Health Act
|
| 322. Northwest Territories Waters Act
|
| 323. Nuclear Safety and Control Act
|
| 324. Canada Oil and Gas Operations Act
|
| 325-327. Pilotage Act
|
| 328-329. Canada Shipping Act
|
| 330. Yukon Waters Act
|
Conditional Amendments |
| 331. Bill C-8
|
| 332. Bill C-16
|
| 333. Bill C-31
|
| 334. Bill S-17
|
Repeals |
| 335-336. Repeals
|
Coming into Force |
| 337. Coming into force
|
| SCHEDULES 1-3
|