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)
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.
430 The Act is amended by adding the following after section 14:
Vessel Remediation Fund
Marginal note:Fund established
14.1 (1) There is established in the accounts of Canada an account to be known as the Vessel Remediation Fund.
Marginal note:Credits to Fund
(2) There is to be paid into the Consolidated Revenue Fund and credited to the Vessel Remediation Fund
(a) any amounts forfeited to His Majesty in right of Canada under subsection 41(2);
(b) the amounts of the debts referred to in any of paragraphs 99(1)(a) to (d) and 129(1)(a) to (c) and recovered by His Majesty in right of Canada;
(c) all amounts paid under regulations made under paragraph 130(1)(o.1); and
(d) the amounts of all fines and penalties paid in respect of the commission of an offence or violation under this Act.
Marginal note:Charges to Fund
(3) There may be paid out of the Consolidated Revenue Fund and charged to the Vessel Remediation Fund all amounts required by the Minister or the Minister of Fisheries and Oceans to
(a) take measures under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsections 37(3) and (4) and to pay compensation under section 44 or subsection 86(6);
(b) promote public awareness of the responsibilities associated with vessel ownership;
(c) fund research and development activities aimed at improving methods of recycling vessels and disposing of them in a manner that is environmentally responsible;
(d) fund research and development activities with respect to vessel and wreck remediation techniques;
(e) increase capacity at the local level, including in Indigenous groups and communities, to perform vessel risk assessments and to recycle, dismantle or otherwise dispose of vessels;
(f) fund voluntary vessel disposal activities in respect of dilapidated vessels, wrecks, abandoned vessels and vessels that pose, or may pose, a hazard, as well as in respect of vessels at risk of becoming dilapidated vessels, wrecks or abandoned, including for the purposes of repairing, securing, moving or removing the vessels, wrecks and their contents or selling, dismantling, destroying or otherwise disposing of them;
(g) pay for the financial and program administration costs incurred in relation to the purposes referred to in paragraphs (a) to (f) and (h), other than the salaries of employees, as defined in subsection 2(1) of the Public Service Employment Act; and
(h) pay for the costs incurred in relation to any other purpose that the Governor in Council may, by order, specify and that relates to dilapidated vessels, wrecks, abandoned vessels or vessels that pose a hazard.
Marginal note:Agreement
(4) An amount paid out of the Consolidated Revenue Fund under subsection (3) must be in respect of a purpose that is set out in a plan for the use of the Vessel Remediation Fund that is agreed to by the Minister and the Minister of Fisheries and Oceans.
Marginal note:Limit on payments
(5) No payment is to be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Vessel Remediation Fund.
Marginal note:Definitions
(6) In subsection (3), the expressions dilapidated vessel, hazard and wreck have the meanings assigned by section 27.
431 Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:
Marginal note:Owner unknown or not located
(2) If the owner referred to in subsection (1) is unknown or cannot be located, any amount that is to be paid to them under that subsection is forfeited to His Majesty in right of Canada.
432 (1) Paragraph 82(5)(b) of the Act is replaced by the following:
(b) the amount and form of any security that is to be deposited with the Minister or the Minister of Fisheries and Oceans.
(2) Subsections 82(9) and (10) of the Act are replaced by the following:
Marginal note:Rescission of orders
(9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister or the Minister of Fisheries and Oceans.
Marginal note:Notice of rescission
(10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister or the Minister of Fisheries and Oceans, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.
(3) The portion of subsection 82(12) of the Act before paragraph (a) is replaced by the following:
Marginal note:Return of security
(12) If, in the opinion of the Minister or the Minister of Fisheries and Oceans, the matter has been resolved, that Minister
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