Bill S-2
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Regulations |
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Regulations
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102. The Governor in Council may, on the
recommendation of the Minister, make
regulations
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Offences and Punishment |
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Evidence of
financial
responsibility
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103. (1) Any person who fails to produce a
certificate or give details of it as and when
required under subsection 60(4) is guilty of an
offence and liable on summary conviction to
a fine not exceeding $100,000.
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Detention of
ship
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(2) A pollution prevention officer,
designated pursuant to section 661 of the
Canada Shipping Act, who has reasonable
grounds for believing that an offence under
subsection (1) has been committed in respect
of a ship may make a detention order in respect
of that ship, and section 672 of that Act applies
to such a detention order with any
modifications that the circumstances require.
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Evading
payment of
levy
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104. (1) Any person who wilfully evades or
attempts to evade payment of an amount
payable under section 93 is guilty of an
offence and liable on summary conviction to
a fine not exceeding $5,000.
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Failure to file
information
return
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(2) Any person who fails to file an
information return as and when required by
regulations made under paragraph 96(b) or
(c), containing substantially the information
required to be included in the return, is guilty
of an offence and liable on summary
conviction to a fine not exceeding $100 for
each day of default.
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Failure to
keep books
and accounts
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(3) Any person who contravenes section 97
is guilty of an offence and liable on summary
conviction to a fine not exceeding $5,000.
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Falsifying or
destroying
books
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(4) Any person who knowingly destroys,
mutilates or falsifies, or who knowingly
makes any false entry or statement in, any
record, book of account or other document
required to be kept under section 97 is guilty
of an offence and liable on summary
conviction to a fine not exceeding $5,000.
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Obstruction or
false
statements
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(5) Any person who contravenes subsection
76(4) or 98(9) is guilty of an offence and liable
on summary conviction to a fine not
exceeding $5,000.
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Jurisdiction in
relation to
offences
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105. When a person is charged with having
committed an offence under this Part, any
court in Canada that would have had
cognizance of the offence if it had been
committed by a person within the limits of its
ordinary jurisdiction has jurisdiction to try the
offence as if it had been committed there.
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PART 7 |
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VALIDATION OF CERTAIN BY-LAWS AND REGULATIONS |
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By-laws under the Canada Ports Corporation Act |
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By-laws
deemed to be
valid
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106. Each of the following by-laws is
deemed for all purposes to have been validly
made and to have had the same force and
effect as if it had been made in accordance
with the Canada Ports Corporation Act, and
any harbour dues collected before the coming
into force of this section under the authority
purported to be granted by the by-law are
deemed to have been validly collected:
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Regulations under the Pilotage Act |
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Laurentian
Pilotage Tariff
Regulations,
1992
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107. The Laurentian Pilotage Tariff
Regulations, 1992, made by Order in Council
P.C. 1994-1508 of September 7, 1994, and
registered as SOR/94-588, are deemed for all
purposes to have been made on July 4, 1994 by
the Laurentian Pilotage Authority with the
approval of the Governor in Council under
section 33 of the Pilotage Act, and any
pilotage charges collected before the coming
into force of this section under the authority
purported to be granted by those Regulations
are deemed to have been validly collected.
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PART 8 |
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TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENT, REPEAL AND COMING INTO FORCE |
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Transitional |
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Part 4
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108. Part 4 applies in respect of
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Consequential Amendments |
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R.S., c. A-12
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Arctic Waters Pollution Prevention Act
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1993, c. 36, s.
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109. Section 2.1 of the Arctic Waters
Pollution Prevention Act is replaced by the
following:
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Inconsistency
with Part 6 of
Marine
Liability Act
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2.1 In the event of an inconsistency between
the provisions of this Act, or any regulation
made under this Act, and the provisions of Part
6 of the Marine Liability Act, the provisions of
that Part prevail to the extent of the
inconsistency.
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1987, c. 3
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Canada-Newfoundland Atlantic Accord
Implementation Act
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1992, c. 35, s.
73(1)
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110. Subsection 160(1) of the
Canada-Newfoundland Atlantic Accord
Implementation Act is replaced by the
following:
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Definition of
``spill''
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160. (1) In sections 161 to 165, ``spill''
means a discharge, emission or escape of
petroleum, other than one that is authorized
under the regulations or any other federal law
or that constitutes a discharge from a ship to
which Part XV of the Canada Shipping Act or
Part 6 of the Marine Liability Act applies.
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1988, c. 28
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Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act
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1992, c. 35, s.
110(1)
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111. Subsection 165(1) of the
Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation Act is
replaced by the following:
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Definition of
``spill''
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165. (1) In sections 166 to 170, ``spill''
means a discharge, emission or escape of
petroleum, other than one that is authorized
under the regulations or any other federal law
or that constitutes a discharge from a ship to
which Part XV of the Canada Shipping Act or
Part 6 of the Marine Liability Act applies.
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1999, c. 33
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Canadian Environmental Protection Act,
1999
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112. Subsection 42(3) of the Canadian
Environmental Protection Act, 1999 is
replaced by the following:
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Damages
caused by a
ship
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(3) No claim for damage caused by a ship
may be made under this Act to the extent that
a claim for that damage may be made under
the Marine Liability Act or the Arctic Waters
Pollution Prevention Act.
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R.S., c. C-50;
1990, c. 8, s.
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Crown Liability and Proceedings Act
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1998, c. 16, s.
32
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113. Section 6 of the Crown Liability and
Proceedings Act is repealed.
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114. Subsection 7(2) of the Act is
repealed.
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R.S., c. F-7
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Federal Court Act
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1990, c. 8, s.
1(3)
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115. The definition ``ship'' in subsection
2(1) of the Federal Court Act is replaced by
the following:
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``ship'' « navire »
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``ship'' means any vessel or craft designed,
used or capable of being used solely or
partly for navigation, without regard to
method or lack of propulsion, and includes
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R.S., c. M-6
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Merchant Seamen Compensation Act
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116. Subsection 42(3) of the Merchant
Seamen Compensation Act is replaced by
the following:
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Compensation
paid in full
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(3) Any sum payable by way of
compensation by the owner of a ship under
this Act shall be paid in full notwithstanding
anything in Part 3 of the Marine Liability Act.
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R.S., O-7;
1992, c. 35, s.
2
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Canada Oil and Gas Operations Act
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1992, c. 35, s.
22(1)
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117. Subsection 24(1) of the Canada Oil
and Gas Operations Act is replaced by the
following:
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Definition of
``spill''
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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 of the Canada Shipping Act or Part 6
of the Marine Liability Act applies.
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R.S., c. S-9
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Canada Shipping Act
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1998, c. 6, s. 1
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118. Sections 565 to 567 of the Canada
Shipping Act are repealed.
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119. Sections 571 and 572 of the Act are
repealed.
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120. Section 573 of the Act is replaced by
the following:
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Construction
of terms
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573. Sections 568 to 570 apply in respect of
a vessel to any persons other than the owners
responsible for the fault of the vessel as though
the expression ``owners'' included those
persons, and in any case where, by virtue of
any charter or demise, or for any other reason,
the owners are not responsible for the
navigation and management of the vessel,
those sections shall be read as though for
references to the owners there were
substituted references to the charterers or
other persons for the time being so
responsible.
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1998, c. 6, s. 2
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121. The heading before section 574 and
sections 574 to 577 of the Act are repealed.
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122. Section 578 of the Act, as enacted by
section 2 of An Act to amend the Canada
Shipping Act (maritime liability), chapter 6
of the Statutes of Canada, 1998, is deemed
to have been repealed on March 17, 1999.
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1998, c. 6, s. 2
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123. Sections 579 to 583 of the Act are
repealed.
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124. Section 586 of the Act is replaced by
the following:
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Responsibility
for goods
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586. Subject to Part 5 of the Marine
Liability Act, carriers by water are responsible
not only for goods received on board their
vessels but also for goods delivered to them
for conveyance by their vessels, and are bound
to use due care and diligence in the
safe-keeping and punctual conveyance of
those goods.
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1998, c. 16, s.
17
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125. Part XIV of the Act is repealed.
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R.S., c. 6 (3rd
Supp.), s. 84;
1993, c. 36, s.
15; 1996, c.
31, s. 104(1);
1998, c. 6, ss.
7, 8
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126. The heading before section 677 and
sections 677 and 677.1 of the Act are
repealed.
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R.S., c. 6 (3rd
Supp.), s. 84;
1993, c. 36,
ss. 18, 19;
1994, c. 24,
par.
34(1)(e)(F);
1996, c. 21, s.
75(1), c. 31, s.
106; 1998, c.
6, ss. 10 to 22,
23(F)
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127. Sections 679 to 723 of the Act are
repealed.
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R.S., c. 6 (3rd
Supp.), s. 84;
1998, c. 6, s.
25
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128. Sections 724 to 727 of the Act are
repealed.
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Conditional Amendment |
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1991, c. 24
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129. (1) If section 14 of Schedule III to An
Act to amend the Financial Administration
Act and other Acts in consequence thereof (in
this section referred to as the ``other Act''),
chapter 24 of the Statutes of Canada, 1991,
does not come into force before the day on
which section 99 of this Act comes into
force, then, on that day, that section 14 and
the heading before it are replaced by the
following:
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