Bill C-14
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Damage Occasioned by Foreign Vessels |
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Power to
detain foreign
vessel that has
caused
damage
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259. If the Federal Court is satisfied that
damage or loss has in any part of the world
been caused to property that belongs to Her
Majesty in right of Canada or a province or to
a qualified person by the fault, in whole or in
part, of a vessel that is registered in a foreign
state and that is at the time of the application
in Canadian waters, on ex parte application
the Federal Court may issue an order requiring
any person named by the Court to detain the
vessel until the applicant has been
compensated for the damage or loss or until
security, in the form and amount approved by
the Court, is deposited with the Court.
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Defence |
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Defence
available in
certain cases
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260. It is a defence in proceedings under this
Act for contravening a direction that the vessel
to which or person to whom the direction was
given
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Depositions in Legal Proceedings |
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Depositions
received when
witness
cannot be
produced
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261. (1) A deposition of a witness is
admissible in evidence in the course of a
proceeding under this Act if
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Certificate as
evidence
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(2) It is not necessary in any case to prove
the signature or official character of the person
who appears to have signed the deposition,
and in a criminal proceeding a certificate
under this section is, unless the contrary is
proved, sufficient evidence that the deposition
was made in the presence of the person
accused.
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Certified
copies
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(3) A copy of the deposition or an extract
from one is admissible in evidence if it
purports to be signed and certified as a true
copy or extract by the justice, magistrate or
officer.
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Procedure |
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Examination
of persons
before trial
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262. (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.
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Use of
examination
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(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.
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No stay of
proceedings
without order
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263. 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.
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Jurisdiction
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264. 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.
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Documents
admissible in
evidence
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265. (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 in 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.
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Copies or
extracts
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(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.
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Admissibility
of documents
in evidence
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266. 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.
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Document
entries as
proof
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267. 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.
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Application of Fines |
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Paid to
Receiver
General
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268. (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.
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Application of
fines
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(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
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Crown Liability |
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Crown not
relieved
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268.1 Subsections 11(5) and 12(5), section
45 and subsections 154(3), 174(3) and 195(3)
do not, by reason of section 10 of the Crown
Liability and Proceedings Act, relieve the
Crown of liability in respect of a tort or
extracontractual civil liability to which the
Crown would otherwise be subject.
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State of War or Armed Conflict |
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Prohibition of
shipment of
articles of war
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269. (1) No person shall, during a
prescribed period,
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Powers if
contravention
suspected
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(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
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Power to take
vessel
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(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.
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Regulations
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(4) The Governor in Council may, on the
recommendation of the Minister of Transport,
make regulations
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Contravention
s
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(5) Every person who contravenes
subsection (1) or a direction made under
paragraph (2)(a) or (c) commits an offence
and is liable on summary conviction to a fine
of not more than $1,000,000 or to
imprisonment for a term of not more than 18
months, or to both.
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Authorized
representative
or master
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(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.
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PART 13 |
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TRANSITIONAL |
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Decisions that
cease to have
effect
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270. 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.
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Acquired
rights -
registered
vessels
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271. (1) Every vessel registered in
Canada when Part 2 comes into force is
deemed to be registered under that Part
until its ownership changes.
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Expiry of
certificates of
registry
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(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.
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Grace period
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(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.
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Acquired
rights -
licensed
vessels
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272. Every vessel, other than a pleasure
craft, licensed under section 108 of the
Canada Shipping Act, chapter S-9 of the
Revised Statutes of Canada, 1985, when
Part 2 comes into force is deemed to be
registered in the small vessel register
referred to in subsection 43(1) until
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Certificates
remain in
force
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273. 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.
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Regulations
remain in
force
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274. (1) Regulations made under the
Canada Shipping Act, chapter S-9 of the
Revised Statutes of Canada, 1985, other
than under any of the provisions listed in
section 332 of this 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.
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Regulations
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(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).
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Validity
periods of
certificates
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(3) Any certificate's period of validity
that is provided for in a regulation referred
to in subsection (1) is deemed to have been
specified by the Minister under subsection
17(1).
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Canadian
ships
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(4) Every reference to ``Canadian ship''
or ``Canadian ships'' in the regulations
referred to in subsection (1) shall be read as
a reference to ``Canadian vessel'' or
``Canadian vessels'', respectively.
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Pleasure craft
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(5) Every vessel that, immediately before
the coming into force of Part 10, 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.
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Offence
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(6) Every person who, or vessel that,
contravenes a regulation that is in force
under subsection (1) commits an offence
and is liable on summary conviction to a
fine of not more than $1,000,000 or to
imprisonment for a term of not more than
18 months, or to both.
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