Bill C-14

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	RECOMMENDATION
	Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts''.
	SUMMARY
	This enactment overhauls and replaces the Canada Shipping Act, other than the portions that concern liability, with modernized legislation that will promote the safety and economic performance of the commercial marine industry as well as ensure the safety of those who use pleasure craft. Key changes to the existing legislation include improvements to provisions to protect and support efficient crews, ensure passenger and vessel safety and protect the environment. A new administrative penalties scheme provides an alternative means for dealing with certain contraventions.
	The enactment clarifies the marine responsibilities between the Department of Transport and the Department of Fisheries and Oceans.
	The enactment organizes the contents, updates the terminology and streamlines substantive requirements to make the law much clearer and easier to understand.
	The enactment amends the Shipping Conferences Exemption Act, 1987 to inject greater competition within shipping conferences, to streamline the administration of the Act and to ensure that Canadian legislation covering international liner shipping conferences remains in harmony with that of Canada's major trading partners.
	EXPLANATORY NOTES
	Bank Act
	Clause 275: Subsections 428(5) and (6) read as follows:
	(5) Where 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 or registered under the Maritime Code, chapter 41 of the Statutes of Canada, 1977-78, 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 or Code 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 or Code in respect of the vessel before the recording or registration thereunder of those rights.
	(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 or the Maritime Code, chapter 41 of the Statutes of Canada, 1977-78, as if it were a mortgage given thereunder, and on the recording or registration thereof 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 or Code.
	Canada Marine Act
	Clause 276: Subsection 56(3) reads as follows:
	(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.
	Clause 277: The relevant portion of subsection 58(2) reads as follows:
	(2) A person designated under subsection (1) may direct a ship to do or refrain from doing anything described in paragraph (1)(d) only if the person believes on reasonable grounds that any of the following circumstances exist:
	. . .
	(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 562.1(1)(a) of the Canada Shipping Act;
	Clause 278: The relevant portion of subsection 120(1) reads as follows:
	120. (1) Where a ship is sold pursuant to an order, the proceeds of the sale shall be applied first to satisfy claims for wages of seamen under the Canada Shipping Act and then to satisfy the following claims in order of priority:
	Clause 279: The relevant portion of subsection 122(1) reads as follows:
	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 seamen under the Canada Shipping Act, if the amount is owing in respect of
	Canada-Newfoundland Atlantic Accord Implementation Act
	Clause 280: Subsection 160(1) reads as follows:
	160. (1) In sections 161 to 165, ``spill'' means a discharge, emission or escape of petroleum, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV or XVI of the Canada Shipping Act applies.
	Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
	Clause 281: Subsection 165(1) reads as follows:
	165. (1) In sections 166 to 170, ``spill'' means a discharge, emission or escape of petroleum, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV or XVI of the Canada Shipping Act applies.
	Canada Transportation Act
	Clause 282: The definition ``export'' in section 147 reads as follows:
	``export'', in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country;
	Canadian Environmental Protection Act, 1999
	Clause 283: Section 277 reads as follows:
	277. Subsection 389(5) of the Canada Shipping Act is not to be construed so as to relieve any person from liability under this Act.
	Canadian Transportation Accident Investigation and Safety Board Act
	Clause 284: Section 61 reads as follows:
	61. (1) For the sole purpose of enabling the completion under section 477 of the Canada Shipping Act of an investigation by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of an accident on a ship, where the investigation was commenced but not completed before the day on which section 54 of this Act comes into force,
	(a) that person continues to have the same powers and duties under the Canada Shipping Act as the person had before the person's appointment under this Act;
	(b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and
	(c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Canada Shipping Act as if those duties were being performed under this Act.
	(2) For the sole purpose of enabling the completion under section 480 of the Canada Shipping Act of a preliminary inquiry by a person, or by persons who include a person, who is appointed as an investigator under section 9 of this Act into, or into matters that include, the causes and contributing factors of a shipping casualty, where the preliminary inquiry was commenced but not completed before the day on which section 55 of this Act comes into force,
	(a) that person continues to have the same powers and duties under the Canada Shipping Act as the person had before the person's appointment under this Act;
	(b) the Canadian Transportation Accident Investigation and Safety Board shall make the services of that person available to the Minister of Transport; and
	(c) that person shall be paid remuneration and expenses in respect of the performance of duties under the Canada Shipping Act as if those duties were being performed under this Act.
	Carriage of Goods by Water Act
	Clause 285: Section 6 reads as follows:
	6. Nothing in this Act affects the operation of sections 389, 390 and 574 to 587 of the Canada Shipping Act or the operation of any other enactment limiting the liability of the owners of ships or vessels.
	Citizenship Act
	Clause 286: The relevant portion of subsection 2(2) reads as follows:
	(2) For the purposes of this Act,
	(a) a person is deemed to be born in Canada if the person is born on a Canadian ship as defined in the Canada Shipping Act, on an air cushion vehicle registered in Canada under that Act or on an aircraft registered in Canada under the Aeronautics Act and regulations made thereunder;
	Coastal Fisheries Protection Act
	Clause 287: The definition ``Canadian fishing vessel'' in section 2 reads as follows:
	``Canadian fishing vessel'' means a fishing vessel
	(a) that is registered or licensed under the Canada Shipping Act, or
	(b) that is not registered or licensed under the Canada Shipping Act or under the laws of another state but is owned by one or more persons each of whom is
	(i) a Canadian citizen,
	(ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or
	(iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada;
	Clause 288: Section 19 reads as follows:
	19. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 610 and 611 of the Canada Shipping Act with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act.
	Coasting Trade Act
	Clause 289: The definitions ``Canadian ship'', ``mas ter'' and ``ship'' in subsection 2(1) read as follows:
	``Canadian ship'' means a ship
	(a) registered under Part I of the Canada Shipping Act and in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid, or
	(b) built in Canada and not required or entitled to be registered under Part I of the Canada Shipping Act;
	``master'', in relation to a ship, has the same meaning as in the Canada Shipping Act;
	``ship'' includes any description of vessel, boat or craft, including air cushion vehicles and dynamically supported craft, designed, used or capable of being used solely or partly for marine navigation without regard to method or lack of propulsion;
	Clause 290: The relevant portion of subsection 3(2) reads as follows:
	(2) Subsection (1) does not apply in respect of any foreign ship or non-duty paid ship that is
	. . .
	(e) engaged, with the approval of a pollution prevention officer, within the meaning of section 661 of the Canada Shipping Act, in activities related to a marine pollution emergency, or to a risk thereof.
	Clause 291: Sections 29 and 30 read as follows:
	29. In the case of any ship that, immediately prior to the coming into force of this Act, is operating pursuant to a valid coasting trade licence under the Canada Shipping Act, this Act shall apply to that ship in respect of any activity authorized to be performed by the licence from the day that licence would otherwise have expired had this Act not come into force.
	30. All of the provisions of the Canada Shipping Act as that Act read immediately prior to the coming into force of this Act shall continue to apply with respect to any valid coasting trade licence under that Act in force immediately prior to the coming into force of this Act.
	Clause 292: Subsection 31(2) reads as follows:
	(2) In the case of any ship that is a British ship or that benefits from an exemption made pursuant to section 595 of the Canada Shipping Act, this Act shall apply to that ship six months after the day on which this Act comes into force.
	Contraventions Act
	Clause 293: Subsection 17(4) reads as follows:
	(4) Notwithstanding section 606 of the Canada Shipping Act, one justice of the peace has jurisdiction in respect of a contravention for which proceedings are commenced under this Act.
	Criminal Code
	Clause 294: Section 44 reads as follows:
	44. The master or officer in command of a vessel on a voyage is justified in using as much force as he believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the vessel.
	Crown Liability and Proceedings Act
	Clause 295: The definition ``Crown ship'' in section 2 reads as follows:
	``Crown ship'' means a ship, as defined in section 673 of the Canada Shipping Act, that is owned by or is in the exclusive possession of the Crown;
	Clause 296: Subsection 5(1) reads as follows:
	5. (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property (except sections 453 to 456, 459 to 463 and 465 of the Canada Shipping Act), applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life therefrom, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.
	Clause 297: Subsection 6(2) reads as follows:
	(2) Where, for the purposes of any proceedings under this Act, it is necessary to ascertain the tonnage of a ship that has no register tonnage within the meaning of the Canada Shipping Act, the tonnage of the ship shall be ascertained in accordance with section 94 of that Act.
	Clause 298: Subsection 7(1) reads as follows:
	7. (1) Section 471 of the Canada Shipping Act applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
	Customs Act
	Clause 299: The relevant portion of subsection 16(2) reads as follows:
	(2) Where any wreck that has come into Canada from outside Canada is delivered up to the owner thereof or his agent pursuant to section 441 of the Canada Shipping Act, the owner of the wreck
	Fisheries Act
	Clause 300: Subsection 38(7) reads as follows:
	(7) Any requirement or direction of an inspector under this section that is inconsistent with any requirement or order of a pollution prevention officer under the Canada Shipping Act is void to the extent of the inconsistency.
	Clause 301: Subsection 42(7) reads as follows:
	(7) Subsections (1) to (3) do not apply in respect of any deposit of a deleterious substance that, within the meaning of Part XV of the Canada Shipping Act, constitutes a discharge of a pollutant caused by or otherwise attributable to a ship.
	Clause 302: Section 88 reads as follows:
	88. All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 610 and 611 of the Canada Shipping Act with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act.
	Great Lakes Fisheries Convention Act
	Clause 303: Section 6 reads as follows:
	6. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made pursuant to section 4 as they have under sections 610 and 611 of the Canada Shipping Act with respect to offences under that Act, and those sections apply to offences under regulations made pursuant to section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act.
	Health of Animals Act
	Clause 304: The relevant portion of section 20 reads as follows:
	20. Nothing in this Act affects
	(a) the provisions of the Canada Shipping Act respecting port wardens,
	. . .
	and this Act shall, with respect to the ports to which the Acts referred to in paragraphs (a) to (d) apply, be construed as having been enacted in addition to and not in derogation from those Acts.
	Canada Labour Code
	Clause 305: The relevant portion of subsection 127(2) reads as follows:
	(2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving
	(a) an aircraft, a ship, rolling stock or a pipeline, where the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act or the Canadian Transportation Accident Investigation and Safety Board Act; or
	Marine Transportation Security Act
	Clause 306: The definition ``Canadian ship'' in subsection 2(1) reads as follows:
	``Canadian ship'' means a ship registered under the Canada Shipping Act or registered in Canada before August 1, 1936 under the Mer chant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;
	Merchant Seamen Compensation Act
	Clause 307: (1) The definitions ``seaman'' and ``ship'' in subsection 2(1) read as follows:
	``seaman'' means every person, except pilots, apprenticed pilots and fishermen, employed or engaged on
	(a) a ship registered in Canada, or
	(b) a ship chartered by demise to a person resident in Canada or having his principal place of business in Canada,
	when the ship is engaged in trading on a foreign voyage or on a home-trade voyage as those voyages are defined in the Canada Shipping Act, and, if so ordered by the Governor in Council, includes a seaman engaged in Canada and employed on a ship that is registered outside Canada and operated by a person resident in Canada or having his principal place of business in Canada when that ship is so engaged;
	``ship'' means any ship or vessel as defined in the Canada Shipping Act.
	(2) New.
	Clause 308: The relevant portion of subsection 31(1) reads as follows:
	31. (1) Where the death of a seaman results from an injury, the following amounts of compensation shall be paid:
	. . .
	(c) where the expenses of burial of a seaman are paid by an employer under Part IV of the Canada Shipping Act, following any accident in respect of which compensation is payable under this Act, the amount of the expenses shall be deducted from the amount payable under paragraphs (a) and (b);
	Clause 309: Subsection 42(2) reads as follows:
	(2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman.
	Clause 310: Section 47 reads as follows:
	47. Notwithstanding anything in this Act, a seaman entitled to medical aid under Part IV of the Canada Shipping Act, or any other Act that provides similar benefits, is not entitled to medical aid under this Act during the period and to the extent that medical aid is furnished under the Canada Shipping Act or that other Act.
	National Defence Act
	Clause 311: Section 266 reads as follows:
	266. Section 466 of the Canada Shipping Act does not apply in respect of any claim for salvage services by Her Majesty or by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces.
	Non-smokers' Health Act
	Clause 312: Subsection 2(2) reads as follows:
	(2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act or a work space on a ship registered under the Canada Shipping Act that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.
	Northwest Territories Waters Act
	Clause 313: The relevant portion of the definition ``use'' in section 2 reads as follows:
	``use'', in relation to waters, means a direct or indirect use of any kind, including, without limiting the generality of the foregoing,
	. . .
	but does not include a use connected with shipping activities that are governed by the Canada Shipping Act;
	Nuclear Safety and Control Act
	Clause 314: Section 54 reads as follows:
	54. Subsection 389(5) of the Canada Shipping Act does not apply in respect of a nuclear substance, prescribed equipment, a nuclear facility or a nuclear-powered vehicle.
	Canada Oil and Gas Operations Act
	Clause 315: Subsection 24(1) reads as follows:
	24. (1) In sections 25 to 28, ``spill'' means a discharge, emission or escape of oil or gas, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a ship to which Part XV or XVI of the Canada Shipping Act applies.
	Pilotage Act
	Clause 316: Section 2 reads as follows:
	2. In this Act,
	``apprentice pilot'' means a person who is training to become a licensed pilot;
	``Authority'' means a Pilotage Authority established by section 3;
	``Canadian waters'' means the territorial sea of Canada and all internal waters of Canada;
	``compulsory pilotage'' means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or the holder of a pi lotage certificate;
	``compulsory pilotage area'' means an area of water in which ships are subject to compulsory pilotage;
	``licence'' means a licence issued by an Authority pursuant to section 22;
	``licensed pilot'' means a person who holds a valid licence;
	``Minister'' means the Minister of Transport;
	``pilot'' means any person not belonging to a ship who has the conduct thereof;
	``pilotage certificate'' means a certificate issued by an Authority pur suant to section 22;
	``ship'' includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion.
	Clause 317: New.
	Canada Shipping Act
	Clause 319: Subsection 52(3) reads as follows:
	(3) A ship exempt from registration under this Act before this Part comes into force continues to be exempt until two years after this Part comes into force.
	Clause 320: The definition ``pollutant'' in section 673 reads as follows:
	``pollutant'' means
	(a) any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
	(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
	and, without limiting the generality of the foregoing, includes oil and any substance or any substance of a class of substances that is prescribed for the purposes of Part XV to be a pollutant;
	Yukon Waters Act
	Clause 321: The relevant portion of the definition ``use'' in section 2 reads as follows:
	``use'', in relation to waters, means a direct or indirect use of any kind, including, without limiting the generality of the foregoing,
	. . .
	but does not include a use connected with shipping activities that are governed by the Canada Shipping Act;
	Shipping Conferences Exemption Act, 1987
	Clause 325: Subsection 2(2) reads as follows:
	(2) For the purposes of this Act, a document shall be deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.
	Clause 326: (1) Subsection 4(3) reads as follows:
	(3) Subsection (1) does not apply in respect of a conference agreement unless the conference agreement
	(a) provides that any member of the conference may, after giving to the other members of the conference such number of days written notice as is fixed by order of the Governor in Council, or such lesser number of days notice as may be specified in the conference agreement, of the member's intention to do so, take independent action except with respect to service contracts;
	(b) provides that, where a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than such number of days after the notice is received by every member of the conference as is fixed by order of the Governor in Council; and
	(c) provides that, where a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member's intention to do so, take the same independent action, except with respect to service contracts, on or after the day on which that independent action is first taken.
	(2) New.
	Clause 327: (1) and (2) The relevant portion of subsection 6(1) reads as follows:
	6. (1) Every member of a conference shall, within the time prescribed in section 7, file or cause to be filed with the Agency
	. . .
	(b) a copy of every service contract to which the member is a party;
	. . .
	(d) a copy of each tariff established by the members of the conference containing the information described in subsection (2);
	(e) a copy of each standard form of loyalty contract approved by the members of the conference; and
	(f) a copy of every amendment to such tariff or standard form of loyalty contract.
	(3) Subsection 6(2) reads as follows:
	(2) Each tariff referred to in subsection (1) shall set out
	(a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;
	(b) the places from and to which every rate referred to in paragraph (a) applies;
	(c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and
	(d) the address of the office or agency established pursuant to section 18 and to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.
	Clause 328: The relevant portion of section 7 reads as follows:
	7. Every document required to be filed pursuant to
	. . .
	(d) paragraph 6(1)(d) or (e) shall be filed with the Agency not later than the day on which the tariff or standard form of loyalty contract becomes effective; and
	(e) paragraph 6(1)(f) shall be filed with the Agency not later than thirty days after the day on which the amendment becomes effective.
	Clause 329: Sections 18 and 19 read as follows:
	18. Members of a conference shall maintain jointly an office or agency in that region of Canada where they operate and shall make available to the public during regular business hours for inspection or for purchase at a reasonable price copies of all documents in force that they have filed or caused to be filed pursuant to section 6, other than copies of service contracts, and of all notices in force that they have given pursuant to section 9 or 10.
	19. Every member of a conference shall make available to the public for inspection, at all the member's principal offices or agencies in Canada during regular business hours, copies of all tariffs in force that the member has filed or caused to be filed pursuant to section 6 and of all notices of amendment to those tariffs given pursuant to section 10.
	Clause 330: Subsection 24(1) reads as follows:
	24. (1) Where a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding one thousand dollars for each offence.
	Canadian Environmental Protection Act, 1999
	Clause 331: (1) The definition ``engine'' in section 149 reads as follows:
	``engine'' means any prescribed internal combustion engine, but does not include an engine designed to propel
	(a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
	(b) rolling stock as defined in section 6 of the Canada Transportation Act; or
	(c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.
	(2) The relevant portion of the definition ``vehicle'' in section 149 reads as follows:
	``vehicle'' means any prescibed self-propelled vehicle, but does not in clude
	. . .
	(c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.
	(3) New.