Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

Marginal note:Her Majesty or Authority not liable

39 Her Majesty, or an Authority, is not liable for any damage or loss occasioned by the fault, neglect, want of skill or wilful and wrongful act of a licensed pilot or a pilotage certificate holder.

Marginal note:Limitation of liability

• 40 (1) A licensed pilot who meets the conditions of their licence is not liable in damages in excess of $1,000 for any damage or loss occasioned by their fault, neglect or want of skill.

Marginal note:Liability of owner

41 Nothing in this Act exempts the owner or master of any ship from liability for any damage or loss occasioned by the ship to any person or property on the ground that

Marginal note:Pilotage charges payable for leading

43 If a ship in a compulsory pilotage area having on board a licensed pilot leads any ship subject to compulsory pilotage that does not have a licensed pilot or a pilotage certificate holder on board during any period in which the ship so led cannot, by reason of the circumstances existing at the time, be boarded, the ship so led is liable to the Authority for all pilotage charges as if a licensed pilot had been on board and piloted that ship.

Marginal note:Pilotage charge — proceeding without pilot

44 Unless the relevant Authority waives compulsory pilotage, a ship that is subject to compulsory pilotage and proceeds through a compulsory pilotage area while not under the conduct of a licensed pilot or a pilotage certificate holder is liable to that Authority for all pilotage charges as if the ship had been under the conduct of a licensed pilot.

Marginal note:Redevances exigibles et impayées

45 Il est interdit à l’agent des douanes qui est de service dans un port canadien de donner congé à un navire s’il est informé par une Administration que des redevances de pilotage concernant le navire sont exigibles et impayées.

Marginal note:Canada Shipping Act, 2001 documents

• 45.1 (1) The Minister may suspend, cancel or refuse to issue or renew any document — including a certificate, licence or permit — under the Canada Shipping Act, 2001, if the applicant or the holder of the document

  • (a) has contravened a direction given under subsection 46.12(3) or (4); or

  • (b) has not paid a fine or penalty imposed on them under this Act.

• Marginal note:Corporation

  (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister may take the measures referred to in that subsection if a director, officer or agent or mandatary of the corporation

  • (a) has contravened a direction given under subsection 46.12(3) or (4); or

  • (b) has not paid a fine or penalty imposed on them under this Act.

Marginal note:Pilotage to and from St. Lambert Lock

• 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area,

  • (a) a pilot licensed for a compulsory pilotage area that is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock;

  • (b) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and

  • (c) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock.

Electronic Administration and Enforcement

Marginal note:Powers

• 46.01 (1) The Minister may administer and enforce this Act using electronic means.

• Marginal note:Authorized persons

  (2) For greater certainty, any person or class of persons who are designated under section 46.1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.

• Marginal note:Delegation

  (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister.

• Marginal note:Decision by automated system

  (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister.

Marginal note:Conditions for electronic version

46.02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if

• (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

• (b) any other requirements that may be provided for in the regulations have been met.

Marginal note:Regulations

• 46.03 (1) The Governor in Council may make regulations respecting the application of section 46.01 and paragraph 46.02(b), including regulations respecting

  • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

  • (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received.

• Marginal note:Requirement to use electronic means

  (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means.

• Marginal note:Minister’s power

  (3) The regulations may prescribe the circumstances in which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister.

• Marginal note:Electronic payments

  (4) The regulations may

  • (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system;

  • (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and

  • (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.