Bill C-14
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TABLE OF PROVISIONS |
| AN ACT RESPECTING SHIPPING AND NAVIGATION AND
TO AMEND THE SHIPPING CONFERENCES EXEMPTION
ACT, 1987 AND OTHER ACTS
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
| 3. Descriptive cross-references
|
| 4. Regulations
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PART 1 |
GENERAL |
Her Majesty |
| 5. Binding on Her Majesty
|
Objectives |
| 6. Objectives of Act
|
Application |
| 7. Exclusion
|
| 8. Application of this Part
|
Ministerial Responsibility |
| 9. Role of Minister of Transport
|
Powers of Ministers |
| 10. General
|
Inspections by Marine Safety Inspectors and Others |
| 11. Appointment of marine safety inspectors
|
| 12. Authorizing others to inspect
|
| 13. Audit
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Authorized Representative |
| 14. Authorized representative
|
Adjudicators |
| 15. Appointment
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Canadian Maritime Documents |
| 16. Application
|
| 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, cancellation and refusal to renew
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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
|
Tonnage Measurers |
| 24. Appointment of tonnage measurers
|
| 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
|
Orders and Directions |
| 34. In writing
|
Regulations |
| 35. Regulations - Minister of Transport
|
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)
|
| 39. Contravention of Act
|
| 40. Contravention of Act or regulations
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PART 2 |
REGISTRATION, LISTING AND RECORDING |
Interpretation |
| 41. Definition of ``Minister''
|
Canadian Register of Vessels and Registrars |
| 42. Appointment of Chief Registrar
|
| 43. Duties and powers of Chief Registrar
|
| 44. Registrars
|
| 45. Immunity
|
Registration, Listing and Recording |
| 46. Mandatory registration of vessels
|
| 47. Optional registration
|
| 48. Bare-boat chartered vessels
|
| 49. Vessels under construction
|
| 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
|
Certificates |
| 54. Certificates of registry
|
| 55. Provisional certificates
|
| 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
|
| 62. Reinstatement
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Custody of Certificates of Registry and Provisional Certificates |
| 63. Carrying on board
|
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
|
| 75. Power of court to prohibit transfer
|
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
|
| 79. Contravention of Act or regulations
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PART 3 |
PERSONNEL |
Interpretation |
| 80. Definition of ``Minister''
|
Application |
| 81. Canadian vessels
|
Masters |
| 82. Presentation of documents
|
| 83. Detention of persons
|
Stowaways and Other Persons |
| 84. Liable for discipline
|
Contract of Employment |
| 85. Masters' contracts
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Liens and Claims |
| 86. Liens
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Certificates |
| 87. Positions on board Canadian vessels
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| 88. Eligibility
|
| 89. Acceptance of foreign certificates
|
Medical or Optometric Information |
| 90. Minister to be provided with information
|
Articles of Agreement, Discharge and Record of Sea Service |
| 91. Articles of agreement
|
| 92. Discharge
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| 93. Record of sea service
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Return of Crew Members |
| 94. Return and payment of expenses
|
| 95. Desertion or serious violation of contract
|
Births and Deaths |
| 96. Informing province
|
| 97. Death of crew member
|
Obligation of Persons Who Provide Crew Members |
| 98. If an agreement to provide crew members
|
Resolution of Disputes |
| 99. Adjudication by Minister
|
Regulations |
| 100. Regulations
|
Offences and Punishment |
| 101. Contravention of Act or regulations
|
| 102. Contravention of Act
|
| 103. Contravention of Act or regulations
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PART 4 |
SAFETY |
Interpretation |
| 104. Definition of ``Minister''
|
Application |
| 105. Canadian vessels and foreign vessels
|
Authorized Representatives |
| 106. General duties
|
Masters |
| 107. Obtaining Canadian maritime documents
|
| 108. Exemptions
|
| 109. Safety of persons
|
| 110. Carrying excess number of persons
|
| 111. Compliance with directions
|
| 112. Information to be sent respecting dangers to navigation
|
Crew |
| 113. Carrying out duties and reporting
|
| 114. Compliance with directions
|
Passengers |
| 115. Compliance with directions
|
Authorized Representatives, Masters,
|
| 116. When boarding a vessel prohibited
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| 117. Tampering and vandalism
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| 118. Jeopardizing safety
|
Construction of Vessels |
| 119. In accordance with plans
|
Regulations |
| 120. Regulations
|
Offences and Punishment |
| 121. Contravention of Act or regulations
|
| 122. Contravention of subsection 110(2)
|
| 123. Contravention of Act
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| 124. When compliance agreement in effect
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PART 5 |
NAVIGATION SERVICES |
Interpretation |
| 125. Definitions
|
Vessel Traffic Services |
| 126. Entering, leaving or proceeding within a VTS Zone
|
| 127. Variations from requirements or conditions
|
Aids to Navigation |
| 128. Aids to navigation vest in Her Majesty
|
| 129. Obligation to report damage
|
Search and Rescue |
| 130. Designation of rescue coordinators
|
| 131. Answering distress signal
|
| 132. Assistance
|
| 133. Aircraft treated as if vessel
|
Sable Island |
| 134. Presence on Island
|
Enforcement |
| 135. Designation
|
Regulations |
| 136. Regulations
|
Offences and Punishment |
| 137. Contravention of Act
|
| 138. Contravention of Act or regulations
|
| 139. Contravention of section 134
|
PART 6 |
INCIDENTS, ACCIDENTS AND CASUALTIES |
Interpretation |
| 140. Definitions
|
Application |
| 141. Vessels
|
Salvage |
| International Convention on Salvage, 1989
|
| 142. Salvage Convention
|
| Salvage by Crown Vessels
|
| 143. When salvage services may be claimed
|
| 144. Governor in Council may accept offers of settlement
|
| Limitation of Time for Salvage Proceedings
|
| 145. Proceedings within two years
|
| Aircraft
|
| 146. Aircraft treated as if vessel
|
| Rights Not Affected
|
| 147. Salvage
|
Obligations in Case of Collisions |
| 148. Duty of masters in collision
|
Inquiry into Causes of Death |
| 149. Inquiry into cause of death on board
|
Regulations |
| 150. Regulations - Minister
|
Offences and Punishment |
| 151. Contravention of paragraph 148(a) or the regulations
|
| 152. Contravention of Act or regulations
|
PART 7 |
WRECK |
Interpretation |
| 153. Definitions
|
Designation of Receivers of Wreck |
| 154. Designation
|
Found Wreck |
| 155. Duty of persons taking possession of wreck
|
| 156. Salvage award
|
| 157. Prohibition
|
| 158. Delivery of wreck or proceeds of disposition
|
| 159. Interpleader in case of wreck
|
Disposition of Wreck |
| 160. When wreck may be disposed of
|
| 161. Unpaid salvage, fees, expenses
|
| 162. Release of wreck
|
Regulations |
| 163. Regulations - Minister
|
Offences and Punishment |
| 164. Contravention of Act or regulations
|
PART 8 |
POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS |
Interpretation |
| 165. Definitions
|
Application |
| 166. Application
|
Discharges of Oil |
| 167. Vessels - requirements
|
| 168. Oil handling facilities - requirements
|
Response Organizations |
| 169. Certificate of designation
|
| 170. Statement of fees
|
| 171. Prescribed procedures, equipment and resources
|
Advisory Councils |
| 172. Advisory councils
|
Report to Parliament |
| 173. Review and report by Minister
|
Pollution Prevention Officers |
| 174. Designation
|
| 175. Powers - general
|
| 176. Assistance to pollution prevention officer
|
Detention of Vessels |
| 177. Detention
|
| 178. Interference with service
|
| 179. Direction to move a detained vessel
|
Response Measures |
| 180. Minister may take necessary measures
|
| 181. Civil or criminal liability
|
Regulations |
| 182. Regulations
|
Offences and Punishment |
| 183. Contravention of Act
|
| 184. Contravention of Act or regulations
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PART 9 |
POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT |
Interpretation |
| 185. Definitions
|
Application |
| 186. Application
|
Pollution Incidents |
| 187. Discharge of pollutant prohibited
|
| 188. Implementation of oil pollution emergency plan
|
Directions to Vessels |
| 189. Powers in case of discharge
|
Regulations |
| 190. Regulations
|
Offences and Punishment |
| 191. Contravention of Act or regulations
|
| 192. Contravention of directions
|
| 193. Court orders
|
PART 10 |
PLEASURE CRAFT |
Interpretation |
| 194. Definitions
|
Inspections |
| 195. Designation
|
| 196. Designation
|
| 197. Manufacturers and importers
|
| 198. Powers
|
| 199. Operation prohibited
|
Investigations |
| 200. Stopping and boarding vessels
|
Safe Operation of Pleasure Craft |
| 201. Duty
|
Pleasure Craft Licences |
| 202. Licensing of pleasure craft
|
| 203. Application
|
| 204. Licence number
|
| 205. Defacing, etc., licence number
|
| 206. Lost documents
|
Regulations |
| 207. Regulations
|
Offences and Punishment |
| 208. Contravention of Act
|
| 209. Contravention of Act or regulations
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PART 11 |
ENFORCEMENT - DEPARTMENT OF TRANSPORT |
Interpretation |
| 210. Definitions
|
Inspections |
| 211. Authorized persons and organizations
|
| 212. Seizure
|
Clearance |
| 213. No departure without clearance
|
| 214. Granting clearance
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Voyage with a Person on Board without Their Consent |
| 215. Prohibition
|
Reporting of Alleged Contraventions |
| 216. Reasonable grounds
|
| 217. Inspection
|
| 218. Prohibition
|
Investigations |
| 219. Investigations
|
| 220. Search and seizure without warrant
|
Analysis and Examination |
| 221. Submission
|
Detention of Vessels |
| 222. Optional detention
|
| 223. Interference with service
|
| 224. Direction to move a detained vessel
|
Sale of Vessels |
| 225. Distress on vessel for sums ordered to be paid
|
| 226. Abandoned vessels
|
Foreign Vessels in Contravention of International Conventions |
| 227. Minister's powers
|
Administrative Penalties |
| Interpretation
|
| 228. Definition of ``violation''
|
| Assurances of Compliance and Notices of Violation
|
| 229. If reasonable grounds to believe a violation
|
| 230. Deemed violation
|
| 231. When assurance of compliance complied with
|
| 232. Notice of violation
|
| Choice of Proceedings
|
| 233. How contravention may be proceeded with
|
| Recovery of Debts
|
| 234. Debts due to Her Majesty
|
| 235. Certificate of default
|
| Rules of Law about Violations
|
| 236. Violations are not offences
|
| 237. Common law principles
|
| 238. Vicarious liability - Canadian maritime document
holders
|
| General Provisions
|
| 239. Notations removed
|
| 240. Disclosure of notations of violations
|
| 241. Limitation period
|
| 242. Certificate of Minister
|
| 243. When compliance agreement in effect
|
Regulations |
| 244. Regulations
|
Offences and Punishment |
| 245. Contravention of Act
|
| 246. Contravention of Act or regulations
|
PART 12 |
MISCELLANEOUS |
Goods |
| 247. Definition of ``carrier''
|
| 248. Carrier's lien
|
| 249. Sale or other disposition of goods
|
| 250. Responsibility for goods
|
Stevedoring |
| 251. Actions in rem
|
Proof of Offences by Vessels |
| 252. Proof of offence
|
Offences |
| 253. Damage to environment and risk of death or harm to
persons
|
Due Diligence |
| 254. Persons
|
Prohibitions on Conviction |
| 255. Court order
|
Summary Conviction Proceedings |
| 256. Limitation period
|
Jurisdiction |
| 257. Jurisdiction in case of offences
|
| 258. Jurisdiction over vessels lying off coasts
|
Damage Occasioned by Foreign Vessels |
| 259. Power to detain foreign vessel that has caused damage
|
Defence |
| 260. Defence available in certain cases
|
Depositions in Legal Proceedings |
| 261. Depositions received when witness cannot be produced
|
Procedure |
| 262. Examination of persons before trial
|
| 263. No stay of proceedings without order
|
| 264. Jurisdiction
|
| 265. Documents admissible in evidence
|
| 266. Admissibility of documents in evidence
|
| 267. Document entries as proof
|
Application of Fines |
| 268. Paid to Receiver General
|
Crown Liability |
| 268.1 Crown not relieved
|
State of War or Armed Conflict |
| 269. Prohibition of shipment of articles of war
|
PART 13 |
TRANSITIONAL |
| 270. Decisions that cease to have effect
|
| 271. Acquired rights - registered vessels
|
| 272. Acquired rights - licensed vessels
|
| 273. Certificates remain in force
|
| 274. Regulations remain in force
|
PART 14 |
CONSEQUENTIAL AND COORDINATING AMENDMENTS |
Consequential Amendments |
| 275. Bank Act
|
| 276-279. Canada Marine Act
|
| 280. Canada-Newfoundland Atlantic Accord Implementation
Act
|
| 281. Canada-Nova Scotia Offshore Petroleum Resources
Accord Implementation Act
|
| 282. Canada Transportation Act
|
| 283. Canadian Environmental Protection Act, 1999
|
| 284. Canadian Transportation Accident Investigation and
Safety Board Act
|
| 285. Carriage of Goods by Water Act
|
| 286. Citizenship Act
|
| 287-288. Coastal Fisheries Protection Act
|
| 289-292. Coasting Trade Act
|
| 293. Contraventions Act
|
| 294. Criminal Code
|
| 295-298. Crown Liability and Proceedings Act
|
| 299. Customs Act
|
| 300-302. Fisheries Act
|
| 303. Great Lakes Fisheries Convention Act
|
| 304. Health of Animals Act
|
| 305. Canada Labour Code
|
| 306. Marine Transportation Security Act
|
| 307-310. Merchant Seamen Compensation Act
|
| 311. National Defence Act
|
| 312. Non-smokers' Health Act
|
| 313. Northwest Territories Waters Act
|
| 314. Nuclear Safety and Control Act
|
| 315. Canada Oil and Gas Operations Act
|
| 316-318. Pilotage Act
|
| 319-320. Canada Shipping Act
|
| 321. Yukon Waters Act
|
Coordinating Amendments |
| 322. Bill C-10
|
| 323. Bill C-11
|
| 324. Bill S-2
|
PART 15 |
AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987 |
| 325-330. Amendments
|
PART 16 |
AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROCTECTION ACT, 1999 |
| 331. Amendments
|
PART 17 |
REPEALS AND COMING INTO FORCE |
Repeals |
| 332-333. Repeals
|
Coming into Force |
| 334. Coming into force
|
| SCHEDULES 1 TO 3
|