Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001 (continued)
405 (1) Paragraph 192(1)(a) of the Act is replaced by the following:
(a) a direction given under paragraph 189(1)(a) or (b) (direction to provide information);
(a.1) a direction given under paragraph 189(1)(a.1) (direction to provide information — shipboard oil pollution emergency plan);
(2) Subsection 192(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) a direction given under paragraph 189(1)(a.2) (direction to provide information — shipboard hazardous and noxious substances pollution emergency plan);
(3) Paragraphs 192(1)(b) and (c) of the Act are replaced by the following:
(b) a direction given under paragraph 189(1)(c) (direction to proceed by a specified route); or
(c) a direction given under subparagraph 189(1)(d)(ii) (direction to proceed to a place and remain there).
406 Section 194 of the Act is amended by adding the following in alphabetical order:
- pollutant
pollutant means
(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and
(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.
It includes oil, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. (polluant)
407 Section 202 of the Act is replaced by the following:
Marginal note:Licensing of pleasure craft
202 (1) Subject to the regulations, if a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft must not operate it, or permit it to be operated, unless it is licensed.
Marginal note:Transfer of licence
(2) Subject to the regulations, when the ownership of a pleasure craft referred to in subsection (1) changes, the new owner must not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.
408 The Act is amended by adding the following after section 203:
Marginal note:Refusal to issue or transfer licence
203.1 Despite any other provision of this Act, the Minister may refuse to issue — including by way of renewal — or transfer a licence for a pleasure craft or may refuse to issue a replacement licence if the applicant for, or holder of, the licence is in default of payment of a required fee, charge, cost or expense in respect of that pleasure craft under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.
409 Paragraph 207(1)(k) of the French version of the Act is replaced by the following:
k) concernant l’identification de la coque ou les numéros de série qui identifient les embarcations de plaisance;
410 Subsection 209(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
411 The definition relevant provision in section 210 of the Act is replaced by the following:
- relevant provision
relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering. (disposition visée)
412 (1) Subsection 211(3) of the French version of the Act is replaced by the following:
Marginal note:Arraisonnement
(3) Aux fins d’inspection, l’inspecteur peut ordonner au capitaine d’immobiliser son bâtiment ou de se rendre au lieu qu’il précise et de s’y amarrer à quai, de mouiller ou de rester à cet endroit pour la période raisonnable qu’il indique.
(2) Section 211 of the Act is amended by adding the following after subsection (3):
Marginal note:Direction to authorize vessel
(3.1) A marine safety inspector may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under subsection (3) to proceed to the place selected by the inspector and moor, anchor or remain there for any reasonable period that the inspector may specify.
(3) Paragraphs 211(4)(d.1) and (e) of the Act are replaced by the following:
(d.1) direct the operator of an oil handling facility or hazardous and noxious substances handling facility, or a person who proposes to operate such a facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan, an oil pollution emergency plan, a hazardous and noxious substances pollution prevention plan or a hazardous and noxious substances pollution emergency plan referred to in Part 8;
(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility or hazardous and noxious substances handling facility is required to have on site, under a relevant provision;
413 Subsection 222(11) of the Act is replaced by the following:
Marginal note:Liability for expenses
(11) The authorized representative and the owner of a vessel that is detained under this section are jointly and severally, or solidarily, liable for all expenses incurred in respect of the detained vessel.
414 Paragraph 224(c) of the Act is replaced by the following:
(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative and the owner of the vessel, for which the authorized representative and the owner are jointly and severally, or solidarily, liable for the expense of moving the vessel.
415 (1) Subsection 226(2) of the Act is replaced by the following:
Marginal note:Vessel may be seized and sold if fine or penalty not paid
(2) At any time after a fine is imposed under a relevant provision against, or a certificate is registered in the Federal Court under subsection 235(2) in respect of, a vessel, its authorized representative or its owner, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative or owner, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.
(2) Paragraph 226(4)(a) of the Act is replaced by the following:
(a) the authorized representative and the owner, jointly and severally, or solidarily, in the case of a Canadian vessel; and
416 The portion of subsection 227(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minister’s powers
227 (1) If the Minister has reasonable grounds to believe that a foreign vessel is in contravention of an international convention, protocol or resolution listed in Schedule 1, the Minister may
417 Section 240 of the French version of the Act is replaced by the following:
Marginal note:Registre public
240 Le ministre tient un registre public des procès-verbaux ou avis de défaut au dossier d’une personne ou d’un bâtiment.
418 (1) The portion of subsection 245(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Contravention of Act
245 (1) Every person who, or vessel that, contravenes any of the following commits an offence:
(2) Subsection 245(1) of the Act is amended by adding the following after paragraph (a):
(a.1) a direction given under subsection 211(3.1) (direction to authorize a vessel);
(3) Subsection 245(2) of the English version of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
419 Paragraph 269(1)(b) of the Act is replaced by the following:
(b) tranship in Canadian waters, in the exclusive economic zone of Canada or on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;
420 The portion of section 272 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Droits acquis — bâtiments titulaires de permis
272 Les bâtiments, à l’exception des embarcations de plaisance, qui sont titulaires d’un permis délivré sous le régime de l’article 108 de la Loi sur la marine marchande du Canada, chapitre S-9 des Lois révisées du Canada (1985), à l’entrée en vigueur de la partie 2 sont réputés être inscrits dans la partie du registre sur les petits bâtiments mentionnée au paragraphe 43(1) :
421 The heading of Schedule 1 to the Act is replaced by the following:
International Conventions, Protocols and Resolutions — Minister of Transport
422 The heading of Schedule 2 to the Act is replaced by the following:
International Conventions, Protocols and Resolutions — Minister of Fisheries and Oceans
423 The French version of the Act is amended by replacing “fonctionnaire” with “officier”, with any necessary modifications, in the following provisions:
(a) paragraph 126(1)(b), subsection 126(2), the portion of subsection 126(3) before paragraph (a) and paragraphs 126(4)(a) and (b) and (5)(a); and
(f) subsection 265(1).
Transitional Provisions
Marginal note:Definition of Act
424 (1) In this section and sections 425 and 426, Act means the Canada Shipping Act, 2001.
Marginal note:Words and expressions
(2) Words and expressions used in sections 425 and 426 have the same meaning as in the Act.
Marginal note:Information with respect to authorized representative
425 (1) If, during the period beginning on the day on which this section comes into force and ending on the day on which an application for the renewal of a vessel’s certificate of registry is made for the first time after that day, the owner enters into an arrangement referred to in paragraph 14(2)(a) of the Act, the authorized representative must, despite subsection 58(1) of the Act, notify the Chief Registrar of their name and address no later than the day on which that application is made.
Marginal note:Contravention
(2) Every person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $25,000.
Marginal note:Definition of transition period
426 (1) In this section, transition period means the period beginning on the day on which this section comes into force and ending on the day on which a regulation made under section 244 of the Act that designates a contravention of any of the provisions of the Act or regulations or directions referred to in subsection (2) as a violation for the purposes of section 228 of the Act comes into force.
Marginal note:Deemed violation
(2) During the transition period, a contravention of any of the following is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act:
(a) a direction given under subsection 111(1), (2) or (3) of the Act;
(b) a direction given under subsection 114(1) or (2) of the Act;
(c) a provision of the regulations made under subsection 136(1) of the Act;
(d) paragraph 186.1(1)(a), (b), (c) or (d) or (2)(a) or (b), section 186.2 or subsection 186.3(1) or (2) of the Act;
(e) a direction given under paragraph 189(1)(a), (a.1), (b), (c) or (d) of the Act;
(f) a direction given under subsection 189(2) of the Act;
(g) subsection 197(1) or (2) or 198(2) of the Act; and
(h) a direction given under subsection 211(3.1) of the Act.
Marginal note:Range of penalties
(3) The range of penalties in respect of a violation referred to in subsection (2) is $250 to $250,000.
Marginal note:Continued violation
(4) A violation referred to in subsection (2) constitutes a separate violation for each day on which it is continued.
2019, c. 26Related Amendment to the Oil Tanker Moratorium Act
427 Subsection 5(2) of the Oil Tanker Moratorium Act is replaced by the following:
Marginal note:Exception — Canada Shipping Act, 2001
(2) Section 4 does not apply in respect of a vessel carrying out an activity in order to comply with a direction given under subsection 111(2) or 114(2), paragraph 180(1)(c) or 189(1)(d) or subsection 211(3) of the Canada Shipping Act, 2001.
Coming into Force
Marginal note:Order in council
428 Sections 364 and 385 to 388, subsections 389(2) and (3), sections 390 to 393, 396 to 398 and 401 and subsections 402(2), 404(2), 405(2) and 412(3) come into force on a day or days to be fixed by order of the Governor in Council.
SUBDIVISION C2019, c. 1Wrecked, Abandoned or Hazardous Vessels Act
Amendments to the Act
429 Subsection 6(1) of the English version of the Wrecked, Abandoned or Hazardous Vessels Act is replaced by the following:
Marginal note:Agreements or arrangements
6 (1) The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement.
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