An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act (S.C. 2005, c. 29)

Assented to 2005-06-23

 Section 189 of the Act is amended by adding the following after paragraph (a):

  • (a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;

 The definition “Minister” in section 194 of the Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister of Transport.

 The definition “relevant provision” in section 210 of the Act is replaced by the following:

“relevant provision”

« disposition visée »

“relevant provision” means a provision of this Act or the regulations that the Minister is responsible for administering, other than

  • (a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to any of Parts 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft); and

  • (b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels.

 Subsection 252(1) of the Act is replaced by the following:

Marginal note:Proof of offence
  • 252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.

2002, c. 18CANADA NATIONAL MARINE CONSERVATION AREAS ACT

 Subsection 9(4) of the Canada National Marine Conservation Areas Act is replaced by the following:

  • Marginal note:Minister of Fisheries and Oceans

    (4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.

  • Marginal note:Minister of Transport and Minister of Fisheries and Oceans

    (4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.