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

Assented to 2001-11-01

PART 13TRANSITIONAL

Marginal note:Decisions that cease to have effect

 Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.

Marginal note:Acquired rights — registered vessels
  •  (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes.

  • Marginal note:Expiry of certificates of registry

    (2) A certificate of registry issued under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, expires no later than February 25, 2003.

  • Marginal note:Grace period

    (3) A vessel that was not required to be registered under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.

Marginal note:Acquired rights — licensed vessels

 Every vessel, other than a pleasure craft, licensed under section 108 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, when Part 2 comes into force is deemed to be registered in the small vessel register referred to in subsection 43(1) until

  • (a) the earlier of the date the vessel’s ownership changes and five years after Part 2 comes into force; or

  • (b) in the case of a vessel that was issued a licence under that Act, the expiry date of the licence.

Marginal note:Certificates remain in force

 Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.

Marginal note:Regulations remain in force
  •  (1) Regulations made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, other than under any of the provisions listed in section 332 of this Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1).

  • Marginal note:Validity periods of certificates

    (3) Any certificate’s period of validity that is provided for in a regulation referred to in subsection (1) is deemed to have been specified by the Minister under subsection 17(1).

  • Marginal note:Canadian ships

    (4) Every reference to “Canadian ship” or “Canadian ships” in the regulations referred to in subsection (1) shall be read as a reference to “Canadian vessel” or “Canadian vessels”, respectively.

  • Marginal note:Pleasure craft

    (5) Every vessel that, immediately before the coming into force of Part 10, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985 (“that Act”), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first.

  • Marginal note:Offence

    (6) Every person who, or vessel that, contravenes a regulation that is in force under subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

PART 14CONSEQUENTIAL AND COORDINATING AMENDMENTS

Consequential Amendments

1991, c. 46Bank Act

 Subsections 428(5) and (6) of the Bank Act are replaced by the following:

  • Marginal note: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.

  • Marginal note: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. 10Canada Marine Act

 Subsection 56(3) of the Canada Marine Act is replaced by the following:

  • Marginal note: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.

 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;

 The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:

Marginal note: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:

 

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