Bill C-73
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shall, to the extent of the surplus, be paid in ac
cordance with the interests of persons who
have obtained an order referred to in subsec
tion (7), and any surplus remaining thereafter
shall be paid to the person registered as the
owner of the ship or, in the absence of registra
tion, to the person who owns the ship.
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Proceedings
against owner
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(12) Where the proceeds of sale of a ship are
insufficient to satisfy the claims described in
paragraph (11)(a) or (b), the Minister may
proceed against the owner of the ship for the
balance owing.
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Clear title
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(13) On selling a ship pursuant to this
section, the Minister may, by bill of sale, give
the purchaser a valid title to the ship free from
any mortgage or other claim on the ship that
is in existence at the time of the sale.
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Registrability
not implied
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(14) Nothing in subsection (13) shall be
construed as meaning that the ship may be
registered in the name of the purchaser.
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Not duty paid
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(15) No ship sold pursuant to this section is
deemed to have been duty paid under the
Customs Tariff by reason only of that sale.
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Definitions
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(16) The definitions in this subsection apply
in this section.
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``court'' « tribunal »
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``court'' means
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``court of
appeal'' « tribunal d'appel »
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``court of appeal'' means, in the province in
which an order referred to in subsection (7)
is made, the court of appeal for that prov
ince as defined in section 2 of the Criminal
Code. It includes the Federal Court of Ap
peal.
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147. Subsection 631(3) of the Act is
replaced by the following:
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Articles
defined
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(3) Subject to subsection (2), the articles to
which this section applies are
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1992, c. 31,
s. 27(1)
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148. (1) Subsection 632(1) of the Act is
replaced by the following:
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Application
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632. (1) The provisions of Part I except
sections 94 to 101, Parts V and VI, Part IX
except section 581, and Parts XI to XIV apply
to air cushion vehicles used in navigation, and
wherever in those Parts vessels or ships are
referred to, those references shall be construed
as including air cushion vehicles used in
navigation.
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(2) Subsection 632(1) of the Act, as
enacted by section 82 of An Act to amend the
Canada Shipping Act and to amend the
Arctic Waters Pollution Prevention Act and
the Oil and Gas Production and Conserva
tion Act in consequence thereof, being
chapter 6 of the 3rd Supplement to the
Revised Statutes of Canada, 1985, and as
amended by subsection 27(2) of chapter 31
of the Statutes of Canada, 1992, is replaced
by the following:
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Application
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632. (1) The provisions of Part II except
section 128, Part VI, Part IX, except sections
574 to 577 and 579 to 584, Parts XI to XV and
Part XVII apply in respect of dynamically
supported craft used in navigation, and wher
ever in those provisions vessels or ships are
referred to, such references shall be construed
as including dynamically supported craft used
in navigation.
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(3) Subsections 632(3) and (4) of the Act,
as enacted by section 82 of An Act to amend
the Canada Shipping Act and to amend the
Arctic Waters Pollution Prevention Act and
the Oil and Gas Production and Conserva
tion Act in consequence thereof, being
chapter 6 of the 3rd Supplement to the
Revised Statutes of Canada, 1985, are
repealed.
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149. The heading before section 633 of the
Act is replaced by the following:
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Application to Ship Registered in Commonwealth Countries |
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150. The heading before section 639 of the
Act is replaced by the following:
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Reciprocal Services Relating to Ships Registered in Commonwealth Countries |
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151. Subsections 639(1) and (2) of the Act
are replaced by the following:
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Duties of
courts, etc.
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639. (1) Where by any enactment, before or
after August 1, 1936, the Parliament of any
Commonwealth country other than Canada
has provided, in terms that extend to ships
registered in that country while they are in
Canada or before or after they have been in
Canada or while they are at sea, with relation
to any matter touching or concerning those
ships, their owners, masters or crews, that any
court, officer of a ship belonging to Her
Majesty, registrar, officer of customs, ship
ping master or other officer or functionary in
or of Canada may or shall execute any request,
exercise any right or authority or perform any
duty or act with relation to those ships, their
owners, masters or crews, that court, officer or
functionary in or of Canada may and shall
execute the request, have the right or authority
and perform the duty or act as if the enactment
were by this Act enacted.
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Acts done
with relation
to Canadian
ships
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(2) Where by any enactment, before or after
August 1, 1936, the Parliament of any Com
monwealth country other than Canada has
provided, in terms that extend to Canadian
ships while they are in that country, before or
after they have been in that country or while
they are at sea, that any court, officer of a ship
belonging to Her Majesty, registrar, consular
officer, officer of customs, superintendent or
other officer or functionary in or of that
country may or shall, with relation to Cana
dian ships, their owners, masters and crews,
execute any request, exercise any right or
authority or perform any duty or act that this
Act makes or purports to make, confer, impose
or direct to be done, of, on or by that court,
officer or functionary, then all things done by
it or him or her , in form pursuant to any
provision of this Act that can be related to the
enactment of the other Commonwealth coun
try, is deemed to have been done by force of
that enactment.
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152. (1) The definition ``dependants'' in
section 645 of the Act is replaced by the
following:
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``dependants'' « personnes à charge »
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``dependants'' means the spouse , parents and
children of a deceased person;
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(2) Section 645 of the Act is amended by
adding the following in alphabetical order:
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``spouse'' « époux »
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``spouse'' includes a person who was cohabit
ing with the deceased person in a conjugal
relationship at the time of the deceased per
son's death, having so cohabited with the
deceased person for at least one year.
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153. Section 646 of the Act is replaced by
the following:
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Liability for
damages
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646. Where the death of a person has been
caused by a wrongful act, neglect or default
that, if death had not ensued, would have
entitled the person injured to maintain an
action in the Admiralty Court and recover
damages in respect of the wrongful act,
neglect or default , the dependants of the
deceased may, notwithstanding the death, and
although the death was caused under circum
stances amounting in law to culpable homi
cide, maintain an action for damages in any
court of competent jurisdiction in Canada
against the same defendants against whom the
deceased would have been entitled to main
tain an action in the Admiralty Court in
respect of the wrongful act, neglect or default
if death had not ensued.
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154. The Act is amended by adding the
following after section 646:
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Contributory
negligence
and
apportion- ment of damages
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646.1 Contributory negligence on the part
of a deceased person is neither a bar, nor a
complete defence, to an action under this Part,
and the right to damages in an action under this
Part is subject to any apportionment of
damages due to any wrongful act, neglect or
default of the deceased person.
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155. Section 649 of the Act is replaced by
the following:
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One action
only for same
cause
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649. Not more than one action lies for and
in respect of the same subject-matter of
complaint, and every action shall be com
menced not later than two years after the death
of a deceased.
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156. Section 653 of the Act is replaced by
the following:
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Actions by
rival
claimants
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653. Where actions are brought by or for the
benefit of two or more persons claiming to be
entitled, as a spouse , parent or child of a
deceased person, the Court may make such
order as it may deem just for the determination
not only of the question of the liability of the
defendant but of all questions respecting the
persons entitled under this Act to the damages,
if any, that may be recovered.
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R.S., c. 6 (3rd
Supp.), s. 84
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157. The definition ``pollutant'' in section
654 of the Act is replaced by the following:
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``pollutant'' « polluant »
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``pollutant'' means
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158. The Act is amended by adding the
following after section 655:
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Minister of
National
Defence
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655.1 This Part does not apply in respect of
oil handling facilities operated under the
authority of the Minister of National Defence.
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R.S., c. 6 (3rd
Supp.), s. 84
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159. (1) Paragraph 657(1)(f) of the Act is
replaced by the following:
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(2) Paragraph 657(1)(i) of the Act is
replaced by the following:
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(3) Section 657 of the Act is amended by
adding the following after subsection (1):
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Combina- tions
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(1.1) The Governor in Council may make
regulations in respect of any matter referred to
in subsection (1) in respect of tug and barge
combinations working together, whether they
are joined or not.
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Meaning of
barge
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(1.2) For the purpose of subsection (1.1),
``barge'' includes a scow, a lighter, a floating
platform or any object specified by the
Governor in Council.
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R.S., c. 6 (3rd
Supp.), s. 84
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160. Section 659 of the Act is repealed.
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161. (1) Subsection 660.2(4) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c), by adding the
word ``and'' at the end of paragraph (d) and
by adding the following after paragraph
(d):
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1993, c. 36,
s. 6
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(2) Subsection 660.2(7) of the Act is
replaced by the following:
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Exemption
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(7) Subject to any terms and conditions that
the Minister considers appropriate, the Minis
ter may exempt any ship or class of ships or
any operator of an oil handling facility from
the application of any provision of this section
if the Minister is of the opinion that the
exemption is in the interest of preventing
damage to property or the environment or is in
the interest of public health or safety, and
every such exemption shall be published in the
Canada Gazette.
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1993, c. 36,
s. 6
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162. Subsection 660.10(1) of the Act is
replaced by the following:
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Advisory
councils
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660.10 (1) The Commissioner shall estab
lish an advisory council in respect of each of
the following geographic areas : Pacific,
Great Lakes - St. Lawrence Basin, Atlantic
and Arctic.
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163. Subsection 661(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a), by adding the
word ``and'' at the end of paragraph (b) and
by adding the following after paragraph
(b):
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R.S., c. 6 (3rd
Supp.), s. 84
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164. (1) Paragraph 662(1)(a) of the Act is
replaced by the following:
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R.S., c. 6 (3rd
Supp.), s. 84
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(2) Paragraphs 662(1)(d) and (e) of the
Act are replaced by the following:
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1993, c. 36,
s. 7(1)
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(3) The portion of paragraph 662(1)(f) of
the Act after subparagraph (iii) is replaced
by the following:
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