Assented to 2001-11-01
An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2 The definitions in this section apply in this Act.
adjudicator[Repealed, 2001, c. 29, s. 72]
- authorized representative
authorized representative means
- bare-boat charter
bare-boat charter means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew. (affrètement coque nue)
- Canadian maritime document
Canadian maritime document means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part. (document maritime canadien)
- Canadian vessel
Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1). (bâtiment canadien)
- foreign vessel
foreign vessel means a vessel that is not a Canadian vessel or a pleasure craft. (bâtiment étranger)
- government vessel
government vessel means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right. (bâtiment d’État)
- gross tonnage
gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h). (jauge brute)
master means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act. (capitaine)
- oil handling facility
oil handling facility means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels. (installation de manutention d’hydrocarbures)
passenger means a person carried on a vessel by the owner or operator, other than
(a) a person carried on a Safety Convention vessel who is
(b) a person carried on a vessel that is not a Safety Convention vessel who is
(c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or
(d) a person of a prescribed class. (passager)
- pleasure craft
pleasure craft means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class. (embarcation de plaisance)
prescribed means prescribed by regulations made by the Governor in Council. (Version anglaise seulement)
- qualified person
qualified person means
Register means the Canadian Register of Vessels established under section 43. (Registre)
- Safety Convention vessel
Safety Convention vessel means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies. (bâtiment assujetti à la Convention sur la sécurité)
Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)
vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class. (bâtiment)
wages includes emoluments. (gages)
- 2001, c. 26, ss. 2, 323, c. 29, s. 72
- 2011, c. 15, s. 37
- 2014, c. 29, s. 58
Marginal note:Descriptive cross-references
3 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
4 The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.
- 2001, c. 26, s. 4
- 2005, c. 29, s. 15
Marginal note:Binding on Her Majesty
5 Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.
Marginal note:Objectives of Act
6 The objectives of this Act are to
(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;
(b) promote safety in marine transportation and recreational boating;
(c) protect the marine environment from damage due to navigation and shipping activities;
(d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;
(e) promote an efficient marine transportation system;
(f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;
(g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;
(h) encourage the harmonization of marine practices; and
(i) establish an effective inspection and enforcement program.
7 (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.
(2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.
Marginal note:Conflicts with foreign rules
(3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.
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