Canada Shipping Act, 2001

Marginal note:Definitions

2 The definitions in this section apply in this Act.

adjudicator

adjudicator[Repealed, 2001, c. 29, s. 72]

authorized representative

authorized representative means

• (a) in respect of a Canadian vessel, the person referred to in subsection 14(1);

• (b) in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and

• (c) in respect of a foreign vessel, the master. (représentant autorisé)

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)

hazardous and noxious substances handling facility

hazardous and noxious substances handling facility means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. (installation de manutention de substances nocives et potentiellement dangereuses)

master

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

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

  • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

  • (ii) under one year of age;

• (b) a person carried on a vessel that is not a Safety Convention vessel who is

  • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

  • (ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

• (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)

port authority

port authority has the same meaning as in subsection 2(1) of the Canada Marine Act. (administration portuaire)

prescribed

prescribed means prescribed by regulations made by the Governor in Council. (Version anglaise seulement)

qualified person

qualified person means

• (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

• (b) a corporation incorporated under the laws of Canada or a province. (personne qualifiée)

Register

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

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

vessel

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

wages includes emoluments. (gages)