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Coasting Trade Act (S.C. 1992, c. 31)

Full Document:  

Act current to 2019-11-19 and last amended on 2018-12-10. Previous Versions

Regulation of Foreign Ships and Non-duty Paid Ships (continued)

Marginal note:Issuance of licence: foreign ship

  •  (1) Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a foreign ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the foreign ship, where the Minister is satisfied that

    • (a) the Agency has determined that no Canadian ship or non-duty paid ship is suitable and available to provide the service or perform the activity described in the application;

    • (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships;

    • (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the foreign ship in relation to its temporary use in Canada;

    • (d) all certificates and documents relating to the foreign ship issued pursuant to shipping conventions to which Canada is a party are valid and in force; and

    • (e) the foreign ship meets all safety and pollution prevention requirements imposed by any law of Canada applicable to that foreign ship.

  • Marginal note:Other laws apply

    (2) For greater certainty, the issuance of a licence pursuant to subsection (1) does not affect the application of any law of Canada that imposes safety or pollution prevention requirements in respect of ships.

  • 1992, c. 31, s. 4
  • 2005, c. 38, ss. 142, 145

Marginal note:Issuance of licence: non-duty paid ship

 Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a non-duty paid ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the non-duty paid ship, where the Minister is satisfied that

  • (a) the Agency has determined that no Canadian ship is suitable and available to provide the service or perform the activity described in the application;

  • (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships; and

  • (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the non-duty paid ship in relation to its temporary use in Canada.

  • 1992, c. 31, s. 5
  • 2005, c. 38, ss. 142, 145

Marginal note:Dredging — provisions not applicable

  •  (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity which is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA:

    • (a) for an application made on behalf of a ship described in paragraph 3(2.2)(a), paragraph 5(a); and

    • (b) for an application made on behalf of a ship described in paragraph 3(2.2)(b) or (c), paragraph 4(1)(a).

  • Marginal note:Total value of agreement

    (2) Subsection (1) applies only if the total value of the agreement of which the dredging activities form a part is equal to or greater than the threshold — the sum in Canadian dollars which the Minister for International Trade determines to be equivalent, for a period which he or she determines, to 5 million special drawing rights issued by the International Monetary Fund — that is applicable on the day of the issuance of the call or request for bids or tenders related to the activities.

  • 2017, c. 6, s. 93
  • 2018, c. 10, s. 71

Marginal note:Terms and conditions of licence

  •  (1) The Minister of Public Safety and Emergency Preparedness may issue a licence subject to any terms and conditions that the Minister considers appropriate, including, without restricting the generality of the foregoing, terms and conditions respecting

    • (a) the service or activity that is to be performed by the foreign ship or non-duty paid ship to which the licence relates; and

    • (b) the place or places where the foreign ship or non-duty paid ship may perform that service or activity.

  • Marginal note:Effective period of licence

    (2) Every licence shall set out the period of time for which it is valid, which period may not exceed

    • (a) in the case of a foreign ship, the earlier of twelve months and the expiration of any certificate or document referred to in paragraph 4(1)(d); or

    • (b) in the case of a non-duty paid ship, twelve months.

  • Marginal note:Suspension, cancellation or variation of licence

    (3) The Minister of Public Safety and Emergency Preparedness may, by order, suspend or cancel a licence or vary the terms and conditions of a licence where

    • (a) the owner or master of the licensed ship is convicted of an offence under this or any other Act of Parliament relating to navigation or shipping; or

    • (b) there has been a contravention of or failure to comply with any term or condition to which the licence is subject.

  • 1992, c. 31, s. 6
  • 2005, c. 38, ss. 142, 145

Marginal note:Regulations

 The Governor in Council may, by regulation

  • (a) specify that a territory is, or is not, a territory referred to in the definition of territory of the European Union in subsection 2(1);

  • (b) indicate, for the purpose of paragraph 3(2.2)(c), the registers that are second, or international, registers of member states of the European Union; and

  • (c) fix the maximum number of licences that may be issued under sections 4 and 5.

  • 1992, c. 31, s. 7
  • 2017, c. 6, s. 94
  • 2018, c. 10, s. 72

Function and Powers of Agency

Marginal note:Function of Agency

  •  (1) In relation to an application for a licence, the Agency shall make the determinations referred to in paragraphs 4(1)(a) and (b) and 5(a) and (b).

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations prescribing the criteria to be applied by the Agency for the making of the determinations referred to in subsection (1).

Marginal note:Information

 In making a determination referred to in subsection 8(1), the Agency may request from the applicant for the licence to which the determination relates, and from the owner of any Canadian ship or non-duty ship to which the determination relates, such information and documentation as the Agency deems necessary.

Marginal note:Collection of information

 In order to carry out its function under this Act the Agency may collect information and keep records concerning the characteristics and uses of Canadian ships and non-duty paid ships.

Unfair Practices

Marginal note:Unfair practices

  •  (1) Where the Minister of Transport is of the opinion that a government of any country has engaged in unfair, discriminatory or restrictive practices with respect to the use of Canadian ships in commercial activities in waters of that country, the Minister of Transport and the Minister of Foreign Affairs shall seek elimination of those practices through consultations with the government of that country.

  • Marginal note:Idem

    (2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister of Transport and the Minister of Foreign Affairs, take such action as the Governor in Council considers appropriate.

  • 1992, c. 31, s. 11
  • 1995, c. 5, s. 25

Enforcement

Marginal note:Enforcement officers

  •  (1) For the purposes of enforcing this Act, the Minister of Transport may designate any person or class of persons as enforcement officers and shall furnish every enforcement officer with a certificate of that designation.

  • Marginal note:Production of certificate of designation

    (2) In carrying out the duties and functions of an enforcement officer under this Act, an enforcement officer shall, if so requested, produce the certificate of designation referred to in subsection (1) to the person appearing to be in charge of any ship in respect of which the enforcement officer is acting.

 
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