Bill C-14
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-14 |
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An Act respecting shipping and navigation
and to amend the Shipping Conferences
Exemption Act, 1987 and other Acts
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Canada
Shipping Act, 2001.
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INTERPRETATION |
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Definitions
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2. The definitions in this section apply in
this Act.
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``adjudicator'' « arbitre »
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``adjudicator'' means a person appointed
under subsection 15(1).
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``authorized
representative
'' « représentant autorisé »
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``authorized representative'' means, in respect
of a Canadian vessel, the person referred to
in subsection 14(1) and, in respect of a
foreign vessel, the master.
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``bare-boat
charter'' « affrètement coque nue »
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``bare-boat charter'' means a vessel charter
agreement under which the charterer has
complete possession and control of the
vessel, including the right to appoint its
master and crew.
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``Canadian
maritime
document'' « document maritime canadien »
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``Canadian maritime document'' means a
licence, permit, certificate or other
document that is issued by the Minister of
Transport under Part 1 (General), 3
(Personnel), 4 (Safety), 9 (Pollution
Prevention - Department of Transport) or
11 (Enforcement - Department of
Transport) to verify that the person to whom
or vessel to which it is issued has met
requirements under that Part.
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``Canadian
vessel'' « bâtiment canadien »
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``Canadian vessel'' means a vessel registered
or listed under Part 2 (Registration, Listing
and Recording).
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``foreign
vessel'' « bâtiment étranger »
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``foreign vessel'' means a vessel that is not a
Canadian vessel or a pleasure craft.
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``government
vessel'' « bâtiment d'État »
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``government vessel'' means a vessel that is
owned by and is in the service of Her
Majesty in right of Canada or a province or
that is in the exclusive possession of Her
Majesty in that right.
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``gross
tonnage'' « jauge brute »
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``gross tonnage'' means the volume of a vessel
as determined by a tonnage measurer or
calculated in accordance with the
regulations made under paragraph 77(h).
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``master'' « capitaine »
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``master'' means the person in command and
charge of a vessel. It does not include a
licensed pilot, within the meaning of
section 1.1 of the Pilotage Act, while the
pilot is performing pilotage duties under
that Act.
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``oil handling
facility'' « installation de manutention d'hydrocarbu res »
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``oil handling facility'' means a facility,
including an oil terminal, that is used in the
loading or unloading of petroleum in any
form, including crude oil, fuel oil, sludge,
oil refuse and refined products, to or from
vessels.
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``passenger'' « passager »
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``passenger'' means a person carried on a
vessel by the owner or operator, other than
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``pleasure
craft'' « embarcation de plaisance »
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``pleasure craft'' means a vessel that is used
for pleasure and does not carry passengers,
and includes a vessel of a prescribed class.
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``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by
regulations made by the Governor in
Council.
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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
Vessels established under section 43.
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``Safety
Convention
vessel'' « bâtiment assujetti à la Convention sur la sécurité »
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``Safety Convention vessel'' means a vessel in
respect of which the International
Convention for the Safety of Life at Sea,
listed in Schedule 1, applies.
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``vessel'' « bâtiment »
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``vessel'' means a boat, ship or craft designed,
used or capable of being used solely or
partly for navigation in, on, through or
immediately above water, without regard to
method or lack of propulsion, and includes
such a vessel that is under construction. It
does not include a floating object of a
prescribed class.
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``wages'' « gages »
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``wages'' includes emoluments.
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Descriptive
cross-referenc
es
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3. If, in any provision of this Act, a
reference to another provision of this Act is
followed by words in parentheses that are or
purport to be descriptive of the subject-matter
of the provision referred to, those words form
no part of the provision in which they occur
but are inserted for convenience of reference
only.
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Regulations
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4. The Governor in Council may
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PART 1 |
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GENERAL |
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Her Majesty |
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Binding on
Her Majesty
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5. 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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6. The objectives of this Act are to
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Application |
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Exclusion
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7. (1) Notwithstanding any other provision
of this Act, this Act does not apply in respect
of a vessel, facility or aircraft that belongs to
the Canadian Forces or a foreign military
force or in respect of any other vessel, facility
or aircraft 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, on the
recommendation of the Minister of Transport,
make regulations varying or excluding the
application, in respect of government vessels,
of any provision of this Act.
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Conflicts with
foreign rules
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(3) Regulations made under this Act do not,
unless they expressly provide otherwise,
apply in respect of a Canadian vessel in the
waters of a country other than Canada if the
regulations are inconsistent with a law of that
country that, by its terms, applies in respect of
the vessel when in the waters of that country.
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Application of
this Part
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8. This Part applies in respect of Canadian
vessels everywhere and in respect of foreign
vessels in Canadian waters, but regulations
made under paragraph 35(1)(d) in respect of
pollution apply, if they so state, in respect of
foreign vessels in waters in the exclusive
economic zone of Canada.
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Ministerial Responsibility |
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Role of
Minister of
Transport
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9. Except as otherwise provided in this Act,
the Minister of Transport is responsible for the
administration of this Act.
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Powers of Ministers |
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General
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10. (1) 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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Exemption
power of
Ministers
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(2) The Minister of Transport or the
Minister of Fisheries and Oceans may, with
respect to that Minister's responsibilities
under this Act, exempt for a specified period
any authorized representative, master, vessel,
class of vessels, operator of an oil handling
facility, oil handling facility or class of oil
handling facility from the application of any
provision of this Act or the regulations,
subject to any conditions that that Minister
considers appropriate, if that 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.
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Exemption
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(3) Subject to any conditions that the
Minister of Transport considers appropriate,
the Minister may exempt for a specified
period any vessel, or class of vessels, that is en
route through Canadian waters but is not en
route to or departing from a port in Canada,
from the application of any provision of Part
3 (Personnel), 4 (Safety) or 9 (Pollution
Prevention - Department of Transport) if the
Minister is of the opinion that the provision is
substantially similar to a provision of the laws
of another state to which the vessel or class of
vessels is subject.
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Publication
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(4) Notice of every exemption granted
under subsection (2) or (3) must be published
in the Canada Gazette.
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Authorization
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(5) The Minister of Transport or the
Minister of Fisheries and Oceans may
authorize any person employed in the public
service of Canada or any police officer, police
constable, constable or other person employed
for the preservation and maintenance of the
public peace, or any class of any of those
persons, that that Minister considers proper to
exercise any of the powers and perform any of
the duties and functions that may be or are
required to be exercised or performed by that
Minister under this Act.
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