Bill C-14
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PART 14 |
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CONSEQUENTIAL AND COORDINATING AMENDMENTS |
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Consequential Amendments |
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1991, c. 46
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Bank Act
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275. Subsections 428(5) and (6) of the
Bank Act are replaced by the following:
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Security on
fishing vessels
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(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.
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Effect of
registration of
security
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(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.
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1998, c. 10
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Canada Marine Act
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276. Subsection 56(3) of the Canada
Marine Act is replaced by the following:
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Consistency
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(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.
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277. Paragraph 58(2)(f) of the Act is
replaced by the following:
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278. The portion of subsection 120(1) of
the Act before paragraph (a) is replaced by
the following:
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Payment of
proceeds
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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:
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279. The portion of subsection 122(1) of
the Act before paragraph (a) is replaced by
the following:
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Lien on ships
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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
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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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280. 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 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.
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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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281. 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 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.
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1996, c. 10
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Canada Transportation Act
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282. The definition ``export'' in section
147 of the Canada Transportation Act is
replaced by the following:
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``export'' « exportation »
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``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;
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1999, c. 33
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Canadian Environmental Protection Act,
1999
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283. Section 277 of the Canadian
Environmental Protection Act, 1999 is
repealed.
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1989, c. 3
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Canadian Transportation Accident
Investigation and Safety Board Act
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284. Section 61 of the Canadian
Transportation Accident Investigation and
Safety Board Act is repealed.
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1993, c. 21
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Carriage of Goods by Water Act
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285. Section 6 of the Carriage of Goods by
Water Act is replaced by the following:
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Other
statutory
limitations of
liability
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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.
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R.S., c. C-29
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Citizenship Act
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286. Paragraph 2(2)(a) of the Citizenship
Act is replaced by the following:
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R.S., c. C-33
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Coastal Fisheries Protection Act
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1998, c. 16,
s. 29
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287. The definition ``Canadian fishing
vessel'' in section 2 of the Coastal Fisheries
Protection Act is replaced by the following:
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``Canadian
fishing
vessel'' « bateau de pêche canadien »
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``Canadian fishing vessel'' means a fishing
vessel
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1990, c. 44,
s. 18(2)
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288. Section 19 of the Act is replaced by
the following:
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Jurisdiction of
courts
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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.
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1992, c. 31
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Coasting Trade Act
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1998, c. 16,
s. 30
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289. The definitions ``Canadian ship'',
``master'' and ``ship'' in subsection 2(1) of
the Coasting Trade Act are replaced by the
following:
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``Canadian
ship'' « navire canadien »
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``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;
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``master'' « capitaine »
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``master'', in relation to a ship, has the same
meaning as in section 2 of the Canada
Shipping Act, 2001;
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``ship'' « navire »
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``ship'' has the same meaning as ``vessel'' in
section 2 of the Canada Shipping Act, 2001;
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290. Paragraph 3(2)(e) of the Act is
replaced by the following:
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291. Sections 29 and 30 of the Act are
repealed.
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292. Subsection 31(2) of the Act is
repealed.
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1992, c. 47
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Contraventions Act
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1996, c. 7, s. 7
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293. Subsection 17(4) of the
Contraventions Act is repealed.
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R.S., c. C-46
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Criminal Code
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294. Section 44 of the Criminal Code is
repealed.
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R.S., c. C-50;
1990, c. 8,
s. 21
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Crown Liability and Proceedings Act
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1990, c. 8,
s. 22
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295. The definition ``Crown ship'' in
section 2 of the Crown Liability and
Proceedings Act is replaced by the
following:
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``Crown ship'' « navire de l'État »
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``Crown ship'' means a Crown vessel as
defined in section 140 of the Canada
Shipping Act, 2001;
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296. Subsection 5(1) of the Act is replaced
by the following:
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Civil salvage
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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.
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1998, c. 16,
s. 32
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297. Subsection 6(2) of the Act is replaced
by the following:
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Ascertaining
tonnage of
ship
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(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.
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298. Subsection 7(1) of the Act is replaced
by the following:
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Limitation
period for
salvage
proceedings
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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.
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R.S., c. 1
(2nd Supp.)
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Customs Act
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299. The portion of subsection 16(2) of
the Customs Act before paragraph (a) is
replaced by the following:
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Report of
wreck and
liability for
duties
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(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
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R.S., c. F-14
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Fisheries Act
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300. Subsection 38(7) of the Fisheries Act
is replaced by the following:
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Inconsistent
orders
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(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.
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301. Subsection 42(7) of the Act is
replaced by the following:
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Exception
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(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.
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1990, c. 44,
s. 18(2)
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302. Section 88 of the Act is replaced by
the following:
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Jurisdiction of
courts
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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.
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R.S., c. F-17
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Great Lakes Fisheries Convention Act
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1990, c. 44,
s. 18(2)
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303. Section 6 of the Great Lakes Fisheries
Convention Act is replaced by the following:
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Jurisdiction of
courts
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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.
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1990, c. 21
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Health of Animals Act
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304. Paragraph 20(a) of the Health of
Animals Act is replaced by the following:
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R.S., c. L-2
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Canada Labour Code
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1998, c. 20,
s. 29
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305. Paragraph 127(2)(a) of the Canada
Labour Code is replaced by the following:
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1994, c. 40
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Marine Transportation Security Act
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306. The definition ``Canadian ship'' in
subsection 2(1) of the Marine
Transportation Security Act is replaced by
the following:
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``Canadian
ship'' « navire canadien »
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``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;
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R.S., c. M-6
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Merchant Seamen Compensation Act
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