Coasting Trade Act

Version of section 2 from 2011-06-26 to 2017-09-20:


Marginal note:Definitions

  •  (1) In this Act,

    Agency

    Office

    Agency means the Canadian Transportation Agency; (Office)

    Canadian ship

    navire canadien

    Canadian ship means a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid; (navire canadien)

    Canadian waters

    eaux canadiennes

    Canadian waters means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada; (eaux canadiennes)

    coasting trade

    cabotage

    coasting trade means

    • (a) the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada,

    • (b) subject to paragraph (c), the carriage of passengers by ship from any place in Canada situated on a lake or river to the same place, or to any other place in Canada, either directly or by way of a place outside Canada,

    • (c) the carriage of passengers by ship from any place situated on the St. Lawrence River northeast of the Saint Lambert lock or on the Fraser River west of the Mission Bridge

      • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

      • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

    • (d) the carriage of passengers by ship from any place in Canada other than from a place to which paragraph (b) or (c) applies

      • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

      • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

    • (e) the carriage of passengers by ship

      • (i) from any place in Canada to any place above the continental shelf of Canada,

      • (ii) from any place above the continental shelf of Canada to any place in Canada, or

      • (iii) from any place above the continental shelf of Canada to the same place or to any other place above the continental shelf of Canada

      where the carriage of the passengers is in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, and

    • (f) the engaging, by ship, in any other marine activity of a commercial nature in Canadian waters and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; (cabotage)

    continental shelf

    continental shelf[Repealed, 1996, c. 31, s. 66]

    enforcement officer

    agent de l’autorité

    enforcement officer means a person designated pursuant to section 12 to be an enforcement officer for the purposes of this Act; (agent de l’autorité)

    foreign ship

    navire étranger

    foreign ship means a ship other than a Canadian ship or a non-duty paid ship; (navire étranger)

    in-transit call

    escale de transit

    in-transit call means any call, other than an emergency or technical call, by a ship at any place where passengers go ashore temporarily but who re-board the vessel before the ship leaves that place or are transported by land to another location to re-board the same ship; (escale de transit)

    licence

    licence

    licence means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada; (licence)

    master

    capitaine

    master, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001; (capitaine)

    non-duty paid ship

    navire non dédouané

    non-duty paid ship means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid; (navire non dédouané)

    owner

    propriétaire

    owner, in relation to a ship, includes the person having for the time being, either by law or by contract, the rights of the owner of the ship as regards the possession and use thereof; (propriétaire)

    resident in Canada

    résident du Canada

    resident in Canada has the meaning given to that expression by section 250 of the Income Tax Act; (résident du Canada)

    ship

    navire

    ship has the same meaning as vessel in section 2 of the Canada Shipping Act, 2001; (navire)

    technical call

    escale technique

    technical call means any call, other than an emergency call or an in-transit call, that is for a purpose other than the embarking or disembarking of passengers. (escale technique)

  • Marginal note:Meaning of place

    (2) For the purpose of the definition coasting trade in subsection (1), a place above the continental shelf of Canada includes any ship, offshore drilling unit, production platform, artificial island, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, dredge, floating crane, pipelaying or other barge or pipeline and any anchor, anchor cable or rig pad used in connection therewith.

  • Marginal note:Delegation

    (3) Any power, duty or function of the Minister of Public Safety and Emergency Preparedness or the Minister of Transport under this Act may be exercised or performed by any person authorized by that Minister, as the case may be, to do so and, if so exercised or performed, shall be deemed to have been exercised by that Minister.

  • 1992, c. 31, s. 2
  • 1996, c. 10, s. 211, c. 31, ss. 66, 108
  • 1998, c. 16, s. 30
  • 1999, c. 31, s. 228(F)
  • 2001, c. 26, s. 289
  • 2005, c. 38, ss. 142, 145
  • 2011, c. 15, s. 45
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