Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))

Act current to 2016-04-12 and last amended on 2009-03-12. Previous Versions

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations requiring the production by members of a conference at such time or times and in such form and manner as are specified in the regulations, of such information of a type specified in the regulations as is in their possession or is reasonably available to them and as may reasonably be regarded as necessary to enable the Agency to effectively supervise the activities of members of the conference relating to the conference and concerning Canada.

  • Marginal note:Confidentiality

    (2) Where information that is in its nature confidential and that relates to the business of a member of a conference is produced pursuant to any regulations made pursuant to subsection (1), the information shall not be made public in such a manner as to be available for the use of any business competitor of the persons to whom the information relates.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting access, through an electronic network, to documents filed with the Agency in accordance with section 6 and the fees to be paid for the use of this service.

  • Marginal note:Publication of proposed regulations

    (4) Subject to subsection (5), a copy of each regulation that the Governor in Council proposes to make pursuant to subsection (1) or (3) shall be published in the Canada Gazette at least sixty days before the proposed effective date thereof and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

  • Marginal note:Exception

    (5) No proposed regulation need be published more than once under subsection (4) whether or not it is amended after such publication as a result of representations made by interested persons as provided in that subsection.

  • R.S., 1985, c. 17 (3rd Supp.), s. 22;
  • 1992, c. 1, s. 128.

Security

Marginal note:General security
  •  (1) The Agency may direct any member of a conference to deposit with the Agency such sum of money or other security as it deems necessary, not exceeding in amount or value ten thousand dollars, as a guarantee that the member will comply with this Act, and in the event of a failure to comply with a direction of the Agency under this subsection, the Agency may authorize the seizure and detention of any vessel of the member until such time as such sum of money or other security has been so deposited.

  • Marginal note:Payment out of money or security

    (2) Where a member of a conference is convicted of an offence under this Act or the Competition Act and fails to pay any fine imposed on it, the Agency may pay that fine out of any money, or from the proceeds of the sale of any security, deposited by that member pursuant to subsection (1).

  • Marginal note:Return or cancellation of security

    (3) Any money or other security deposited with the Agency by a member of a conference under this section may be returned to that member or cancelled, as the case may be, where, in the opinion of the Agency, that security is no longer required.

  • R.S., 1985, c. 17 (3rd Supp.), s. 23;
  • 1992, c. 1, s. 128.

Offence and Punishment

Marginal note:Non-compliance with Act or regulations
  •  (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.

  • Marginal note:Continuing offence

    (2) Where an offence under subsection (1) is committed on more than one day or is continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Limitation period

    (3) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

  • R.S., 1985, c. 17 (3rd Supp.), s. 24;
  • 2001, c. 26, s. 330.

Transitional

Marginal note:Transitional

 Where, on the coming into force of section 6, a member of a conference has already filed or caused to be filed pursuant to section 7 of the Shipping Conferences Exemption Act, a document required to be filed by it pursuant to section 6, and where no modification has been made to that document since the coming into force of that section, that member may, in lieu of filing that document pursuant to section 6, file or cause to be filed within sixty days after the coming into force of that section a certificate signed by a person designated for that purpose by the member, describing that document, and the filing of such a certificate shall be deemed to constitute compliance with that section in respect of that document.

  • R.S., 1985, c. 17 (3rd Supp.), s. 25;
  • 1992, c. 1, s. 127.

Consequential and Related Amendments

 [Amendments]

Repeal

 [Repeal]

Coming into Force

Marginal note:Coming into force

 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

  • Return to footnote *[Note: Act, except subsection 4(3), in force December 17, 1987, subsection 4(3) in force February 17, 1988, see SI/88-9.]

 
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