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)
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Assented to 2005-06-23
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
An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act
SUMMARY
This enactment transfers powers, duties and functions from the Minister of Fisheries and Oceans to the Minister of Transport.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. S-9CANADA SHIPPING ACT
Marginal note:1996, c. 31, s. 95
1. The definitions “Department” and “Minister” in section 2 of the Canada Shipping Act are replaced by the following:
“Department”
« ministère »
“Department” means, except in Part VII, the Department of Transport;
“Minister”
« ministre »
“Minister” means, except in Part VII, the Minister of Transport;
Marginal note:1998, c. 16, s. 3
2. The heading before section 7 of the French version of the Act is replaced by the following:
Responsabilité du ministre
Marginal note:1998, c. 16, s. 3
3. Section 7 of the Act is replaced by the following:
Marginal note:Role of Minister
7. Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act.
4. Subsection 385(1) of the Act is replaced by the following:
Marginal note:Designation of rescue coordinators
385. (1) The Minister of Fisheries and Oceans may designate persons, to be known as rescue coordinators, to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada.
Marginal note:1996, c.31, s. 96
5. Section 422 of the Act is replaced by the following:
Marginal note:Superintendence
422. The Minister has, throughout Canada, the general superintendence of all matters relating to salvage, wrecks and receivers of wrecks and, subject to the Canadian Transportation Accident Investigation and Safety Board Act, shipping casualties.
6. The Act is amended by adding the following before section 517:
Marginal note:Definitions
516.1 The following definitions apply in this Part.
“Department”
« ministère »
“Department” means the Department of Fisheries and Oceans.
“Minister”
« ministre »
“Minister” means the Minister of Fisheries and Oceans.
7. Sections 518 and 519 of the Act are replaced by the following:
Marginal note:Appointment of keepers, etc.
518. The Minister may appoint in the manner authorized by law any keepers, superintendents and other officers that are necessary for the purposes of this Part.
Marginal note:Regulations
519. The Governor in Council, on the recommendation of the Minister of Transport, may make regulations
(a) respecting aids to navigation in Canadian waters; and
(b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200.
Marginal note:Regulations
519.1 The Governor in Council, on the recommendation of the Minister, may make regulations
(a) respecting the government of Sable Island and of St. Paul Island, the duties of the resident keepers on those islands, the administration of relief to shipwrecked persons and their removal, the preservation and removal of shipwrecked property, the prevention of persons not authorized by the Minister from taking up residence on those islands and the general management of those islands; and
(b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200.
Marginal note:R.S., c. 6 (3rd Supp.), s. 78
8. The portion of section 562.15 of the Act before paragraph (a) is replaced by the following:
Marginal note:Clearance of ships to enter Canadian waters, etc.
562.15 The Governor in Council may, on the recommendation of the Minister, make regulations
Marginal note:R.S., c. 6 (3rd Supp.), s. 78
9. The portion of section 562.16 of the Act before paragraph (a) is replaced by the following:
Marginal note:Vessel Traffic Services Zones
562.16 The Governor in Council may, on the recommendation of the Minister, for the purpose of promoting safe and efficient navigation or environmental protection in Canadian waters or in any shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act, make regulations
Marginal note:1993, c. 36, s. 3
10. (1) The definition “Commissioner” in section 654 of the Act is repealed.
Marginal note:1993, c. 36, s. 3
(2) The definition “response organization” in section 654 of the Act is replaced by the following:
“response organization”
« organisme d’intervention »
“response organization” means any person or body in Canada in respect of which a certificate of designation is issued by the Minister under subsection 660.4(1);
Marginal note:1993, c. 36, s. 6
11. Section 660.1 of the Act is repealed.
Marginal note:1993, c. 36, s. 6
12. (1) Subsections 660.10(1) to (3) of the Act are replaced by the following:
Marginal note:Advisory councils
660.10 (1) The Minister shall establish one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic.
Marginal note:Other advisory councils
(2) The Minister may establish other advisory councils if he or she considers them necessary.
Marginal note:Members
(3) Each advisory council is composed of no more than seven members who reside in the geographic area in respect of which the advisory council is established, who are appointed to the advisory council by the Minister and who, in the opinion of the Minister, represent the various interests likely to be involved in matters referred to in sections 660.2 to 660.9.
Marginal note:1993, c. 36, s. 6; 1996, c. 31, s. 102
(2) Subsections 660.10(6) and (7) of the Act are replaced by the following:
Marginal note:Remuneration
(6) Members of each advisory council shall be paid, in connection with their work for the advisory council, the remuneration that may be fixed by the Governor in Council.
Marginal note:Travel, living and other expenses
(6.1) Members of each advisory council are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the advisory council while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
Marginal note:Recommendations and response
(7) Each advisory council shall advise and may make recommendations to the Minister, and may report to any standing committee of either House of Parliament that normally considers matters relating to transportation or the environment, and shall receive a response to the report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.
Marginal note:1993, c. 36, s. 6
13. Paragraph 660.11(1)(a) of the Act is replaced by the following:
(a) review the operation of sections 660.2 to 660.10 and, in particular, the capability of the response organizations to meet the arrangements that ships and operators of oil handling facilities are required to have, as set out in paragraphs 660.2(2)(b) and (4)(b); and
Marginal note:1993, c. 36, s. 16
14. Subsection 678(1) of the Act is replaced by the following:
Marginal note:Minister may take necessary measures
678. (1) Where the Minister of Fisheries and Oceans believes on reasonable grounds that a ship has discharged, is discharging or is likely to discharge a pollutant, he or she may
(a) take any measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the ship, including the removal or destruction of the ship and its contents, and may sell or otherwise dispose of the ship and its contents;
(b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the ship; or
(c) if he or she considers it necessary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking those measures.
2001, c. 26CANADA SHIPPING ACT, 2001
15. Section 4 of the Canada Shipping Act, 2001 is replaced by the following:
Marginal note:Regulations
4. The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.
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