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

Assented to 2001-11-01

 The Act is amended by replacing the word “Act” with the word “Part” in the following provisions:

  • (a) subsection 14(3);

  • (b) subsection 26(1);

  • (c) the portion of section 41 before paragraph (a);

  • (d) paragraph 48(a); and

  • (e) sections 49 to 51.

R.S., c. S-9Canada Shipping Act

Marginal note:1998, c. 16, s. 3

 Subsection 52(3) of the Canada Shipping Act is replaced by the following:

  • Marginal note:Exemption from registration

    (3) Ships exempt from registration under this Act before this Part comes into force continue to be exempt until two years or, in the case of a pleasure craft, six years after this Part comes into force.

Marginal note:R.S., c. 6 (3rd Supp.), s. 84

 The definition “pollutant” in section 673 of the Act is replaced by the following:

“pollutant”

« polluant »

“pollutant” means

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans, and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans,

and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part;

1992, c. 40Yukon Waters Act

 The portion of the definition “use” in section 2 of the Yukon Waters Act after paragraph (c) is replaced by the following:

but does not include a use connected with shipping activities that are governed by the Canada Shipping Act, 2001;

Coordinating Amendments

Marginal note:Bill C-10
  •  (1) If Bill C-10, introduced in the 1st session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

  • (2) On the later of the coming into force of section 1 of this Act and subsection 16(3) of the other Act, subsection 16(3) of the other Act is replaced by the following:

    • Marginal note:Marine matters

      (3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

  • (3) On the later of the coming into force of section 1 of this Act and subsection 16(5) of the other Act, subsection 16(5) of the other Act is replaced by the following:

  • (4) On the later of the coming into force of section 1 of this Act and subsection 29(4) of the other Act, subsection 29(4) of the other Act is replaced by the following:

Marginal note:Bill C-11
  •  (1) If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

  • (2) If the heading before section 216 and sections 216 to 218 of the other Act are not in force when section 1 of this Act comes into force, then the heading before section 216 and sections 216 to 218 of the other Act are replaced by the following:

    Canada Shipping Act, 2001

    216. Paragraph (a) of the definition “qualified person” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:

    217. Subsection 88(1) of the Act is replaced by the following:

    Marginal note:Eligibility
    • 88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.

    Marginal note:R.S., c. S-9
    Canada Shipping Act
    Marginal note:R.S., c. 6 (3rd Supp.), s. 84

    218. Subparagraph 712(3)(b)(i) of the Canada Shipping Act is replaced by the following:

  • (3) If paragraph (a) of the definition “qualified person” in section 2 of this Act is not in force when section 1 of the other Act comes into force, then that paragraph is replaced by the following:

  • (4) If subsection 88(1) of this Act is not in force when section 1 of the other Act comes into force, then that subsection is replaced by the following:

    Marginal note:Eligibility
    • 88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.

 

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