;

Bill S-2

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Regulations
Regulations	102. The Governor in Council may, on the recommendation of the Minister, make regulations
	(a) prescribing anything that by this Part is to be prescribed by the regulations; and
	(b) generally for carrying out the purposes and provisions of this Part.
	Offences and Punishment
Evidence of financial responsibility	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.
Detention of ship	(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.
Evading payment of levy	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.
Failure to file information return	(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.
Failure to keep books and accounts	(3) Any person who contravenes section 97 is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000.
Falsifying or destroying books	(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.
Obstruction or false statements	(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.
Jurisdiction in relation to offences	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.
	PART 7
	VALIDATION OF CERTAIN BY-LAWS AND REGULATIONS
	By-laws under the Canada Ports Corporation Act
By-laws deemed to be valid	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:
	(a) by-law amending the Harbour Dues Tariff By-law, made by Order in Council P.C. 1983-3905 of December 8, 1983, and registered as SOR/83-934;
	(b) by-law amending the Pacific Harbour Dues Tariff By-law, made by Order in Council P.C. 1983-3906 of December 8, 1983, and registered as SOR/83-935; and
	(c) by-law amending the Pacific Harbour Dues Tariff By-law, made by Order in Council P.C. 1985-541 of February 14, 1985, and registered as SOR/85-190.
	Regulations under the Pilotage Act
Laurentian Pilotage Tariff Regulations, 1992	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.
	PART 8
	TRANSITIONAL, CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENT, REPEAL AND COMING INTO FORCE
	Transitional
Part 4	108. Part 4 applies in respect of
	(a) carriage by water under contracts of carriage entered into after that Part comes into force; and
	(b) carriage by water, otherwise than under contracts of carriage, commencing after that Part comes into force.
	Consequential Amendments
R.S., c. A-12	Arctic Waters Pollution Prevention Act
1993, c. 36, s. 22	109. *Section 2.1 of the Arctic Waters Pollution Prevention Act* is replaced by the following:**
Inconsistency with Part 6 of Marine Liability Act	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.
1987, c. 3	Canada-Newfoundland Atlantic Accord Implementation Act
1992, c. 35, s. 73(1)	110. *Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act* is replaced by the following:**
Definition of ``spill''	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.
1988, c. 28	Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
1992, c. 35, s. 110(1)	111. *Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act* is replaced by the following:**
Definition of ``spill''	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.
1999, c. 33	Canadian Environmental Protection Act, 1999
	112. *Subsection 42(3) of the Canadian Environmental Protection Act, 1999* is replaced by the following:**
Damages caused by a ship	(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.
R.S., c. C-50; 1990, c. 8, s. 21	Crown Liability and Proceedings Act
1998, c. 16, s. 32	113. *Section 6 of the Crown Liability and Proceedings Act* is repealed.**
	114. Subsection 7(2) of the Act is repealed.
R.S., c. F-7	Federal Court Act
1990, c. 8, s. 1(3)	115. *The definition ``ship'' in subsection 2(1) of the Federal Court Act* is replaced by the following:**
``ship'' « navire »	``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
	(a) a ship in the process of construction from the time that it is capable of floating, and
	(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up;
R.S., c. M-6	Merchant Seamen Compensation Act
	116. *Subsection 42(3) of the Merchant Seamen Compensation Act* is replaced by the following:**
Compensation paid in full	(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.
R.S., O-7; 1992, c. 35, s. 2	Canada Oil and Gas Operations Act
1992, c. 35, s. 22(1)	117. *Subsection 24(1) of the Canada Oil and Gas Operations Act* is replaced by the following:**
Definition of ``spill''	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.
R.S., c. S-9	Canada Shipping Act
1998, c. 6, s. 1	118. *Sections 565 to 567 of the Canada Shipping Act* are repealed.**
	119. Sections 571 and 572 of the Act are repealed.
	120. Section 573 of the Act is replaced by the following:
Construction of terms	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.
1998, c. 6, s. 2	121. The heading before section 574 and sections 574 to 577 of the Act are repealed.
	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.
1998, c. 6, s. 2	123. Sections 579 to 583 of the Act are repealed.
	124. Section 586 of the Act is replaced by the following:
Responsibi- lity for goods	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.
1998, c. 16, s. 17	125. Part XIV of the Act is repealed.
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	126. The heading before section 677 and sections 677 and 677.1 of the Act are repealed.
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)	127. Sections 679 to 723 of the Act are repealed.
R.S., c. 6 (3rd Supp.), s. 84; 1998, c. 6, s. 25	128. Sections 724 to 727 of the Act are repealed.
	Conditional Amendment
1991, c. 24	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: