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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Canada Shipping Act, 2001

S.C. 2001, c. 26

Assented to 2001-11-01

An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts

SUMMARY

This enactment overhauls and replaces the Canada Shipping Act, other than the portions that concern liability, with modernized legislation that will promote the safety and economic performance of the commercial marine industry as well as ensure the safety of those who use pleasure craft. Key changes to the existing legislation include improvements to provisions to protect and support efficient crews, ensure passenger and vessel safety and protect the environment. A new administrative penalties scheme provides an alternative means for dealing with certain contraventions.

The enactment clarifies the marine responsibilities between the Department of Transport and the Department of Fisheries and Oceans.

The enactment organizes the contents, updates the terminology and streamlines substantive requirements to make the law much clearer and easier to understand.

The enactment amends the Shipping Conferences Exemption Act, 1987 to inject greater competition within shipping conferences, to streamline the administration of the Act and to ensure that Canadian legislation covering international liner shipping conferences remains in harmony with that of Canada’s major trading partners.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canada Shipping Act, 2001.

INTERPRETATION

Marginal note:Definitions

 The definitions in this section apply in this Act.

“adjudicator”

« arbitre »

“adjudicator” means a person appointed under subsection 15(1).

“authorized representative”

« représentant autorisé »

“authorized representative” means, in respect of a Canadian vessel, the person referred to in subsection 14(1) and, in respect of a foreign vessel, the master.

“bare-boat charter”

« affrètement coque nue »

“bare-boat charter” means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew.

“Canadian maritime document”

« document maritime canadien »

“Canadian maritime document” means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part.

“Canadian vessel”

« bâtiment canadien »

“Canadian vessel” means a vessel registered or listed under Part 2 (Registration, Listing and Recording).

“foreign vessel”

« bâtiment étranger »

“foreign vessel” means a vessel that is not a Canadian vessel or a pleasure craft.

“government vessel”

« bâtiment d’État »

“government vessel” means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right.

“gross tonnage”

« jauge brute »

“gross tonnage” means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h).

“master”

« capitaine »

“master” means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act.

“oil handling facility”

« installation de manutention d’hydrocarbures »

“oil handling facility” means a facility, including an oil terminal, that is used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.

“passenger”

« passager »

“passenger” means a person carried on a vessel by the owner or operator, other than

  • (a) a person carried on a Safety Convention vessel who is

    • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

    • (ii) under one year of age;

  • (b) a person carried on a vessel that is not a Safety Convention vessel who is

    • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

    • (ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

  • (c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

  • (d) a person of a prescribed class.

“pleasure craft”

« embarcation de plaisance »

“pleasure craft” means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulations made by the Governor in Council.

“qualified person”

« personne qualifiée »

“qualified person” means

  • (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act; or

  • (b) a corporation incorporated under the laws of Canada or a province.

“Register”

« Registre »

“Register” means the Canadian Register of Vessels established under section 43.

“Safety Convention vessel”

« bâtiment assujetti à la Convention sur la sécurité »

“Safety Convention vessel” means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies.

“vessel”

« bâtiment »

“vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class.

“wages”

« gages »

“wages” includes emoluments.

Marginal note:Descriptive cross-references

 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

Marginal note:Regulations

 The Governor in Council may

  • (a) on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, make regulations prescribing classes of vessels for the purpose of the definition “pleasure craft” in section 2; and

  • (b) on the recommendation of the Minister of Transport, make regulations prescribing anything else that may be prescribed under section 2.

PART 1GENERAL

Her Majesty

Marginal note:Binding on Her Majesty

 Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.

Objectives

Marginal note:Objectives of Act

 The objectives of this Act are to

  • (a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

  • (b) promote safety in marine transportation and recreational boating;

  • (c) protect the marine environment from damage due to navigation and shipping activities;

  • (d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

  • (e) promote an efficient marine transportation system;

  • (f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

  • (g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

  • (h) encourage the harmonization of marine practices; and

  • (i) establish an effective inspection and enforcement program.

Application

Marginal note:Exclusion
  •  (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.

  • Marginal note:Conflicts with foreign rules

    (3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.

Marginal note:Application of this Part

 This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters, but regulations made under paragraph 35(1)(d) in respect of pollution apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada.

 

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