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

Assented to 2001-11-01

PART 15R.S., c. 17 (3rd Supp.)AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987

Marginal note:1992, c. 1, s. 128

 Subsection 2(2) of the Shipping Conferences Exemption Act, 1987 is replaced by the following:

  • Marginal note:Filing of documents

    (2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.

  •  (1) Paragraphs 4(3)(a) to (c) of the Act are replaced by the following:

    • (a) provides that any member of the conference may, after giving to the other members of the conference five days written notice, or such lesser number of days written notice as may be specified in the conference agreement, of the member’s intention to do so, take independent action;

    • (b) provides that, when a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member’s intention to do so, take the same independent action as soon as the first independent action becomes effective; and

    • (c) provides that, when a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than five days after the day on which the notice is received by the members of the conference.

  • (2) Section 4 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception re service contracts

      (3.1) The terms and conditions established by a conference agreement under paragraph (1)(c) shall not have the effect of preventing a member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract.

  •  (1) Paragraph 6(1)(b) of the Act is replaced by the following:

    • (b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1);

  • (2) Subsection 6(1) of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) to (f) with the following:

    • (d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract.

  • (3) Subsection 6(2) of the Act is repealed.

Marginal note:1992, c. 1, par. 128(d)(E)

 Section 7 of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

  • (d) paragraph 6(1)(d) shall be filed with the Agency not later than the day on which the standard form of loyalty contract becomes effective or, in the case of an amendment to that standard form, not later than thirty days after the day on which the amendment becomes effective.

Marginal note:1992, c. 1, s. 126

 Sections 18 and 19 of the Act are replaced by the following:

Marginal note:Office in Canada

18. Members of a conference shall maintain jointly an office in that region of Canada where they operate.

INSPECTION OF DOCUMENTS

Marginal note:Availability of certain documents
  • 19. (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of

    • (a) all documents in force, other than service contracts, that have been filed pursuant to section 6;

    • (b) all tariffs in force; and

    • (c) all notices in force that have been given pursuant to section 9 or 10.

  • Marginal note:Inspection at member’s office

    (2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff.

  • Marginal note:Contents of tariff

    (3) Each tariff shall set out

    • (a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;

    • (b) the places from and to which every rate referred to in paragraph (a) applies;

    • (c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and

    • (d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.

 Subsection 24(1) of the Act is replaced by the following:

Marginal note:Non-compliance with Act or regulations
  • 24. (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence.

PART 161999, c. 33AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

  •  (1) The definition “engine” in section 149 of the Canadian Environmental Protection Act, 1999 is replaced by the following:

    “engine”

    « moteur »

    “engine” means any prescribed internal combustion engine, but does not include

    • (a) an engine designed to propel an aircraft as defined in subsection 3(1) of the Aeronautics Act;

    • (b) an engine designed to propel rolling stock as defined in section 6 of the Canada Transportation Act; or

    • (c) a marine compression-ignition engine that is rated at 37 kW or more and is designed to propel a vessel.

  • (2) Paragraph (c) of the definition “vehicle” in section 149 of the Act is replaced by the following:

    • (c) a vessel that is fitted, for the purpose of propulsion, with a marine compression-ignition engine that is rated at 37 kW or more.

  • (3) Section 149 of the Act is amended by adding the following in alphabetical order:

    “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.

PART 17REPEALS AND COMING INTO FORCE

Repeals

Marginal note:Repeal of certain provisions of R.S., c. S-9

 The provisions of the Canada Shipping Act, other than sections 565 to 567, 571 and 572, the heading before section 574, sections 574 to 583, Part XIV, the heading before section 677 and sections 677, 677.1, 679 to 723 and 724 to 727, are repealed on a day or days to be fixed by order of the Governor in Council.

Marginal note:Repeal

 The Maritime Code Act, chapter 41 of the Statutes of Canada, 1977-78, is repealed.

Coming into Force

Marginal note:Coming into force
  •  (1) The provisions of this Act, other than sections 319 and 322 to 332, come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Shipping Conferences Exemption Act, 1987

    (2) Sections 325 to 330 come into force on the ninetieth day after this Act is assented to.

 
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