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

Assented to 2001-11-01

1994, c. 40Marine Transportation Security Act

 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-6Merchant Seamen Compensation Act

  •  (1) The definitions “seaman” and “ship” in subsection 2(1) of the Merchant Seamen Compensation Act are replaced by the following:

    “seaman”

    « marin »

    “seaman” means every person, except pilots, apprenticed pilots and fishers, employed or engaged on

    • (a) a ship registered in Canada under the Canada Shipping Act, 2001, or

    • (b) a ship chartered by demise to a person resident in Canada or having their principal place of business in Canada,

    when the ship is engaged in trading on a foreign voyage or on a home-trade voyage, and, if so ordered by the Governor in Council, includes a seaman engaged in Canada and employed on a ship that is registered outside Canada and operated by a person resident in Canada or having their principal place of business in Canada when that ship is so engaged;

    “ship”

    « navire »

    “ship” means a vessel as defined in section 2 of the Canada Shipping Act, 2001.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “foreign voyage”

    « voyage de long cours »

    “foreign voyage” means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;

    “home-trade voyage”

    « voyage de cabotage »

    “home-trade voyage” means a voyage, not being an inland or minor waters voyage, between places within the following areas, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude;

    “inland voyage”

    « voyage en eaux internes »

    “inland voyage” means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan;

    “minor waters of Canada”

    « eaux secondaires du Canada »

    “minor waters of Canada” means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and the sheltered waters on the seacoasts of Canada that the Minister of Transport may specify;

    “minor waters voyage”

    « voyage en eaux secondaires »

    “minor waters voyage” means a voyage within the following limits, namely, the minor waters of Canada together with the part of any lake or river forming part of the minor waters of Canada that lies within the United States;

 Paragraph 31(1)(c) of the Act is replaced by the following:

  • (c) if the expenses of burial of a seaman are paid by an employer under section 93 of the Canada Shipping Act, 2001 following any accident in respect of which compensation is payable under this Act, the amount of the expenses shall be deducted from the amount payable under paragraphs (a) and (b);

 Subsection 42(2) of the Act is replaced by the following:

  • Marginal note:No compensation if wages paid

    (2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, 2001, or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman.

 Section 47 of the Act is replaced by the following:

Marginal note:Medical aid under one Act only

47. Notwithstanding anything in this Act, a seaman entitled to medical aid under Part 3 of the Canada Shipping Act, 2001, or under any other Act that provides similar benefits, is not entitled to medical aid under this Act during the period and to the extent that medical aid is furnished under that Part or that other Act.

R.S., c. N-5National Defence Act

 Section 266 of the National Defence Act is repealed.

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

Marginal note:1996, c. 10, s. 247

 Subsection 2(2) of the Non-smokers’ Health Act is replaced by the following:

  • Marginal note:Application outside Canada

    (2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.

 

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