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An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)

Assented to 2005-05-19

COORDINATING AMENDMENTS

Marginal note:1994, c. 22

44. On the later of the coming into force of section 1.1 of the Pilotage Act, as enacted by section 316 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and subsection 1(2) of this Act, the definition “master” in subsection 2(1) of the Migratory Birds Convention Act, 1994 is replaced by the following:

“master”

« capitaine »

“master” includes every person who has command or charge of a vessel but excludes a licensed pilot within the meaning of section 1.1 of the Pilotage Act;

Marginal note:1994, c. 22

45. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and section 4 of this Act, subsection 5.1(3) of the Migratory Birds Convention Act, 1994 is replaced by the following:

  • Marginal note:Saving

    (3) Subsections (1) and (2) do not apply if

    • (a) the deposit is authorized under the Canada Shipping Act, 2001; or

    • (b) the substance is of a type and quantity, and the deposit is made under conditions, authorized under an Act of Parliament other than the Canada Shipping Act, 2001, or authorized by the Minister for scientific purposes.

Marginal note:1994, c. 22

46. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and section 4 of this Act, paragraphs 5.2(a) and (b) of the Migratory Birds Convention Act, 1994 are replaced by the following:

  • (a) wilfully destroy or cause to be destroyed a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001, or wilfully alter or cause to be altered such a document, a record or data with intent to mislead;

  • (b) make or cause to be made a false entry, or omit to make or cause to be omitted to be made a required entry, in a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001;

Marginal note:1994, c. 22

47. On the later of the coming into force of section 8 of the Public Service Modernization Act, being chapter 22 of the Statutes of Canada, 2003, and section 4 of this Act, paragraph 5.3(1)(a) of the English version of the Migratory Birds Convention Act, 1994 is replaced by the following:

  • (a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to a federal minister, or any employee of the federal public administration, that the employer or another person had contravened or had intended to contravene a provision of this Act or the regulations;

Marginal note:1994, c. 22

48. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and section 15 of this Act, section 18.1 of the Migratory Birds Convention Act, 1994 is replaced by the following:

Marginal note:Documents, records and data

18.1 In a proceeding under this Act, a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001 is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it.

Marginal note:1999, c. 33

49. On the later of the coming into force of section 1.1 of the Pilotage Act, as enacted by section 316 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and section 18 of this Act, the definition “master” in subsection 122(1) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

“master”

« capitaine »

“master” means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act.

Marginal note:1999, c. 33

50. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and subsection 22(4) of this Act, subsection 125(6) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

  • Marginal note:Exception

    (6) This section does not apply in respect of any disposal that is authorized under the Canada Shipping Act, 2001.

Marginal note:1999, c. 33

51. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and section 29 of this Act, paragraphs 216.1(1)(a) and (b) of the Canadian Environmental Protection Act, 1999 are replaced by the following:

  • (a) that is not registered, listed 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, listed or licensed under that Act, a person who is resident and domiciled in Canada, or

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

  • (b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada.

COMING INTO FORCE

Marginal note:Order in council

52. The provisions of this Act, other than sections 43 to 51, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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