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

Assented to 2001-11-01

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:

 The portion of subsection 122(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Lien on ships
  • 122. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, has at all times a lien on a ship and on the proceeds of its disposition for an amount owing to the port authority, the Minister or the person, and the lien has priority over all other rights, interests, claims and demands, other than claims for wages of crew members under the Canada Shipping Act, 2001, if the amount is owing in respect of

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1992, c. 35, s. 73(1)

 Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Definition of “spill”

  • 160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1992, c. 35, s. 110(1)

 Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Definition of “spill”

  • 165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

1996, c. 10Canada Transportation Act

 The definition “export” in section 147 of the Canada Transportation Act is replaced by the following:

“export”

« exportation »

“export”, in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001, to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country;

1999, c. 33Canadian Environmental Protection Act, 1999

 Section 277 of the Canadian Environmental Protection Act, 1999 is repealed.

1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act

 Section 61 of the Canadian Transportation Accident Investigation and Safety Board Act is repealed.

1993, c. 21Carriage of Goods by Water Act

 Section 6 of the Carriage of Goods by Water Act is replaced by the following:

Marginal note:Other statutory limitations of liability

6. Nothing in this Act affects the operation of sections 574 to 583 of the Canada Shipping Act or the operation of any other enactment limiting the liability of the owners of ships or vessels.

R.S., c. C-29Citizenship Act

 Paragraph 2(2)(a) of the Citizenship Act is replaced by the following:

  • (a) a person is deemed to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, or on an aircraft registered in Canada under the Aeronautics Act and regulations made under that Act;

R.S., c. C-33Coastal Fisheries Protection Act

Marginal note:1998, c. 16, s. 29

 The definition “Canadian fishing vessel” in section 2 of the Coastal Fisheries Protection Act is replaced by the following:

“Canadian fishing vessel”

« bateau de pêche canadien »

“Canadian fishing vessel” means a fishing vessel

  • (a) that is registered or licensed under the Canada Shipping Act, 2001, or

  • (b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

    • (i) a Canadian citizen,

    • (ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or

    • (iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada;

Marginal note:1990, c. 44, s. 18(2)

 Section 19 of the Act is replaced by the following:

Marginal note:Jurisdiction of courts

19. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

1992, c. 31Coasting Trade Act

Marginal note:1998, c. 16, s. 30

 The definitions “Canadian ship”, “master” and “ship” in subsection 2(1) of the Coasting Trade Act are replaced by the following:

“Canadian ship”

« navire canadien »

“Canadian ship” means a ship registered or listed under Part 2 of the Canada Shipping Act, 2001 and in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid;

“master”

« capitaine »

“master”, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001;

“ship”

« navire »

“ship” has the same meaning as “vessel” in section 2 of the Canada Shipping Act, 2001;

 

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