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Bill C-14

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	PART 14
	CONSEQUENTIAL AND COORDINATING AMENDMENTS
	Consequential Amendments
1991, c. 46	Bank Act
	*275. Subsections 428(5) and (6) of the Bank Act* are replaced by the following:**
Security on fishing vessels	(5) If security has been given to a bank under paragraph 427(1)(o) on a fishing vessel that is recorded or registered under the Canada Shipping Act, 2001, the rights and powers of the bank do not have priority over any rights that are subsequently acquired in the vessel and are recorded or registered under that Act unless a copy of the document giving the security, certified by an officer of the bank to be a true copy, has been recorded or registered under that Act in respect of the vessel before the recording or registration under that Act of those rights.
Effect of registration of security	(6) A copy of the document giving the security described in subsection (5), certified by an officer of the bank, may be recorded or registered under the Canada Shipping Act, 2001 as if it were a mortgage given under that Act and, on the recording or registration of the document, the bank, in addition to and without limitation of any other rights or powers vested in or conferred on it, has all the rights and powers in respect of the vessel that it would have if the security were a mortgage recorded or registered under that Act.
1998, c. 10	Canada Marine Act
	*276. Subsection 56(3) of the Canada Marine Act* is replaced by the following:**
Consistency	(3) Subject to any regulations made under section 62, practices and procedures established by a port authority under subsection (1) shall not be inconsistent with national standards and practices for marine vessel traffic services, in particular those established under the Canada Shipping Act, 2001.
	277. Paragraph 58(2)(f) of the Act is replaced by the following:
	(f) the proximity of a ship navigating in an unsafe manner or with improperly functioning navigation equipment or radio equipment, or without charts or publications required by regulations made under paragraph 120(1)(b) of the Canada Shipping Act, 2001;
	278. The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:
Payment of proceeds	120. (1) If a ship is sold under an order, the proceeds of the sale shall be applied first to satisfy claims for wages of crew members under the Canada Shipping Act, 2001 and then to satisfy the following claims in order of priority:
	279. The portion of subsection 122(1) of the Act before paragraph (a) is replaced by the following:
Lien on ships	122. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, has at all times a lien on a ship and on the proceeds of its disposition for an amount owing to the port authority, the Minister or the person, and the lien has priority over all other rights, interests, claims and demands, other than claims for wages of crew members under the Canada Shipping Act, 2001, if the amount is owing in respect of
1987, c. 3	Canada-Newfoundland Atlantic Accord Implementation Act
1992, c. 35, s. 73(1)	*280. 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 vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.
1988, c. 28	Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
1992, c. 35, s. 110(1)	*281. 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 vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.
1996, c. 10	Canada Transportation Act
	*282. The definition ``export'' in section 147 of the Canada Transportation Act* is replaced by the following:**
``export'' « exportation »	``export'', in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001, to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country;
1999, c. 33	Canadian Environmental Protection Act, 1999
	*283. Section 277 of the Canadian Environmental Protection Act, 1999* is repealed.**
1989, c. 3	Canadian Transportation Accident Investigation and Safety Board Act
	*284. Section 61 of the Canadian Transportation Accident Investigation and Safety Board Act* is repealed.**
1993, c. 21	Carriage of Goods by Water Act
	*285. Section 6 of the Carriage of Goods by Water Act* is replaced by the following:**
Other statutory limitations of liability	6. Nothing in this Act affects the operation of sections 574 to 583 of the Canada Shipping Act or the operation of any other enactment limiting the liability of the owners of ships or vessels.
R.S., c. C-29	Citizenship Act
	*286. Paragraph 2(2)(a) of the Citizenship Act* is replaced by the following:**
	(a) a person is deemed to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, or on an aircraft registered in Canada under the Aeronautics Act and regulations made under that Act;
R.S., c. C-33	Coastal Fisheries Protection Act
1998, c. 16, s. 29	*287. The definition ``Canadian fishing vessel'' in section 2 of the Coastal Fisheries Protection Act* is replaced by the following:**
``Canadian fishing vessel'' « bateau de pêche canadien »	``Canadian fishing vessel'' means a fishing vessel
	(a) that is registered or licensed under the Canada Shipping Act, 2001, or
	(b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is
	(i) a Canadian citizen,
	(ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or
	(iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada;
1990, c. 44, s. 18(2)	288. Section 19 of the Act is replaced by the following:
Jurisdiction of courts	19. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.
1992, c. 31	Coasting Trade Act
1998, c. 16, s. 30	*289. The definitions ``Canadian ship'', ``master'' and ``ship'' in subsection 2(1) of the Coasting Trade Act* are replaced by the following:**
``Canadian ship'' « navire canadien »	``Canadian ship'' means a ship registered or listed under Part 2 of the Canada Shipping Act, 2001 and in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid;
``master'' « capitaine »	``master'', in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001;
``ship'' « navire »	``ship'' has the same meaning as ``vessel'' in section 2 of the Canada Shipping Act, 2001;
	290. Paragraph 3(2)(e) of the Act is replaced by the following:
	(e) engaged, with the approval of a person designated as a pollution prevention officer under section 174 of the Canada Shipping Act, 2001 or authorized under paragraph 11(2)(d) of that Act to carry out inspections, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.
	291. Sections 29 and 30 of the Act are repealed.
	292. Subsection 31(2) of the Act is repealed.
1992, c. 47	Contraventions Act
1996, c. 7, s. 7	*293. Subsection 17(4) of the Contraventions Act* is repealed.**
R.S., c. C-46	Criminal Code
	*294. Section 44 of the Criminal Code* is repealed.**
R.S., c. C-50; 1990, c. 8, s. 21	Crown Liability and Proceedings Act
1990, c. 8, s. 22	*295. The definition ``Crown ship'' in section 2 of the Crown Liability and Proceedings Act* is replaced by the following:**
``Crown ship'' « navire de l'État »	``Crown ship'' means a Crown vessel as defined in section 140 of the Canada Shipping Act, 2001;
	296. Subsection 5(1) of the Act is replaced by the following:
Civil salvage	5. (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property, applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life from a Crown ship or aircraft, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.
1998, c. 16, s. 32	297. Subsection 6(2) of the Act is replaced by the following:
Ascertaining tonnage of ship	(2) If, for the purposes of any proceedings under this Act, it is necessary to ascertain the tonnage of a ship that has not been determined by a tonnage measurer appointed under section 24 of the Canada Shipping Act, 2001, the tonnage of the ship must be determined by a tonnage measurer appointed under that section.
	298. Subsection 7(1) of the Act is replaced by the following:
Limitation period for salvage proceedings	7. (1) Section 145 of the Canada Shipping Act, 2001 applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
R.S., c. 1 (2nd Supp.)	Customs Act
	*299. The portion of subsection 16(2) of the Customs Act* before paragraph (a) is replaced by the following:**
Report of wreck and liability for duties	(2) If any wreck that has come into Canada from outside Canada is released to a person under section 158 of the Canada Shipping Act, 2001, that person
R.S., c. F-14	Fisheries Act
	*300. Subsection 38(7) of the Fisheries Act* is replaced by the following:**
Inconsistent orders	(7) Any requirement or direction of an inspector under this section that is inconsistent with any direction of a marine safety inspector under the Canada Shipping Act, 2001 is void to the extent of the inconsistency.
	301. Subsection 42(7) of the Act is replaced by the following:
Exception	(7) Subsections (1) to (3) do not apply in respect of any deposit of a deleterious substance that, within the meaning of Part 8 or 9 of the Canada Shipping Act, 2001, constitutes a discharge of a pollutant caused by or otherwise attributable to a vessel.
1990, c. 44, s. 18(2)	302. Section 88 of the Act is replaced by the following:
Jurisdiction of courts	88. All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.
R.S., c. F-17	Great Lakes Fisheries Convention Act
1990, c. 44, s. 18(2)	*303. Section 6 of the Great Lakes Fisheries Convention Act* is replaced by the following:**
Jurisdiction of courts	6. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.
1990, c. 21	Health of Animals Act
	*304. Paragraph 20(a) of the Health of Animals Act* is replaced by the following:**
	(a) the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out,
R.S., c. L-2	Canada Labour Code
1998, c. 20, s. 29	*305. Paragraph 127(2)(a) of the Canada Labour Code* is replaced by the following:**
	(a) an aircraft, a vessel, rolling stock or a pipeline, if the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act; or
1994, c. 40	Marine Transportation Security Act
	*306. The definition ``Canadian ship'' in subsection 2(1) of the Marine Transportation Security Act* is replaced by the following:**
``Canadian ship'' « navire canadien »	``Canadian ship'' means a vessel registered under the Canada Shipping Act, 2001 or registered in Canada before August 1, 1936 under the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;
R.S., c. M-6	Merchant Seamen Compensation Act

Bill C-14

PART 14

CONSEQUENTIAL AND COORDINATING AMENDMENTS

Consequential Amendments