Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)
Full Document:
- HTMLFull Document: Budget Implementation Act, 2019, No. 1 (Accessibility Buttons available) |
- PDFFull Document: Budget Implementation Act, 2019, No. 1 [3167 KB]
Assented to 2019-06-21
PART 4Various Measures (continued)
DIVISION 10R.S., c. R-10Royal Canadian Mounted Police Act (continued)
Transitional Provision
Marginal note:Continuation of members
223 If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.19 comes into force continues in office, as if they had been appointed under that section 45.19, for the remainder of the term for which they had been appointed.
Coming into Force
Marginal note:Order in council
224 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 11R.S., c. P-14Pilotage Act
Amendments to the Act
Marginal note:2001, c. 26, s. 316
225 (1) The definition licence in section 1.1 of the Pilotage Act is replaced by the following:
- licence
licence means a licence issued by the Minister under subsection 38.1(1). (brevet)
Marginal note:2001, c. 26, s. 316
(2) The definitions apprentice pilot, licensed pilot and pilot in section 1.1 of the English version of the Act are replaced by the following:
- apprentice pilot
apprentice pilot means an individual who is training to become a licensed pilot. (apprenti-pilote)
- licensed pilot
licensed pilot means an individual who holds a valid licence. (pilote breveté)
- pilot
pilot means any individual who does not belong to a ship and who has the conduct of it. (pilote)
(3) Section 1.1 of the Act is amended by adding the following in alphabetical order:
- Authority
Authority means a Pilotage Authority established by section 3. (Administration)
- authorized representative
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)
- compulsory pilotage
compulsory pilotage means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or a pilotage certificate holder. (pilotage obligatoire)
- compulsory pilotage area
compulsory pilotage area means an area of water in which ships are subject to compulsory pilotage. (zone de pilotage obligatoire)
- Minister
Minister means the Minister of Transport. (ministre)
- person
person includes a partnership, an unincorporated organization, an association and a trust. (personne)
- person in charge
person in charge means, in respect of a ship, the owner, master or authorized representative of the ship, and any individual who is or appears to be in command, control or charge of the ship or who has management of the ship, but does not include a licensed pilot, while the pilot is exercising their powers or performing their duties or functions under this Act. (responsable)
- pilotage certificate
pilotage certificate means a certificate issued by an Authority under section 22. (certificat de pilotage)
- pilotage certificate holder
pilotage certificate holder means the holder of a valid pilotage certificate. (titulaire d’un certificat de pilotage)
- regular member of a ship’s complement
regular member of a ship’s complement means an individual who occupies a position on board a ship for the purpose of meeting the requirements of the Marine Personnel Regulations for safe manning in relation to a proper deck watch and the safe operation of the ship. (membre régulier de l’effectif du navire)
- Tribunal
Tribunal means the Transportation Appeal Tribunal of Canada established under subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)
(4) The definition pilotage certificate in section 1.1 of the Act is replaced by the following:
- pilotage certificate
pilotage certificate means a certificate issued by the Minister under subsection 38.1(2). (certificat de pilotage)
(5) Section 1.1 of the Act is amended by adding the following in alphabetical order:
- Agency
Agency means the Canadian Transportation Agency. (Office)
- pilotage charge
pilotage charge means a charge referred to in subsection 33(1). (redevances de pilotage)
Marginal note:2001, c. 26, s. 316
226 Section 2 of the Act and the headings before it are replaced by the following:
Purpose and Principles
Marginal note:Purpose and principles
2 The purpose of this Act is to set out a framework for the provision of pilotage services in accordance with the following principles:
(a) that pilotage services be provided in a manner that promotes and contributes to the safety of navigation, including the safety of the public and marine personnel, and that protects human health, property and the environment;
(b) that pilotage services be provided in an efficient and cost-effective manner;
(c) that risk management tools be used effectively and that evolving technologies be taken into consideration; and
(d) that an Authority’s pilotage charges be set at levels that allow the Authority to be financially self-sufficient.
227 Section 3 of the Act is amended by adding the following after subsection (3.1):
Marginal note:Ineligibility
(3.2) An individual who is engaged in the business of providing pilotage services — or who is employed by a person that is engaged in the business of providing pilotage services or that uses pilotage services — is not eligible to be the Chairperson or other member of an Authority.
228 The portion of section 4 of the Act before paragraph (a) is replaced by the following:
Marginal note:Alteration
4 The Governor in Council may, by order,
Marginal note:1998, c. 10, s. 146
229 Section 5 of the Act is repealed.
Marginal note:2001, c. 26, par. 318(a)
230 Subsection 14(3) of the Act is replaced by the following:
Marginal note:Expenses
(3) Each member of an Authority is entitled to be paid reasonable travel and other expenses incurred by the member while absent from their ordinary place of residence in the course of their duties under this Act.
Marginal note:1998, c. 10, s. 148
231 Subsection 15.2(2) of the Act is replaced by the following:
Marginal note:Decision of arbitrator
(2) The arbitrator shall consider, among other things, the principles set out in section 2 and, within 15 days, choose one or other of the final offers in its entirety.
232 The Act is amended by adding the following after section 15.3:
Marginal note:Content of contracts for service
15.4 An Authority is not authorized to enter into or amend a contract for services referred to in subsection 15(2) that deals with a subject referred to in any of paragraphs 52(1)(a) to (o).
Marginal note:Availability of contracts for service
15.5 An Authority shall, on request, provide to any person a copy of any contract for services referred to in subsection 15(2) that the Authority has entered into.
Marginal note:Contract pilots
15.6 If an Authority requires the services of a licensed pilot in a compulsory pilotage area for which the Authority has no employees or for which a body corporate referred to in subsection 15(2) has not been established, the Authority may contract with one or more licensed pilots for the provision of those services.
- Date modified: