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Bill C-14

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TABLE OF PROVISIONS

AN ACT RESPECTING SHIPPING AND NAVIGATION AND TO AMEND THE SHIPPING CONFERENCES EXEMPTION ACT, 1987 AND OTHER ACTS

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

3. Descriptive cross-references

4. Regulations

PART 1

GENERAL

Her Majesty
5. Binding on Her Majesty

Objectives
6. Objectives of Act

Application
7. Exclusion

8. Application of this Part

Ministerial Responsibility
9. Role of Minister of Transport

Powers of Ministers
10. General

Inspections by Marine Safety Inspectors and Others
11. Appointment of marine safety inspectors

12. Authorizing others to inspect

13. Audit

Authorized Representative
14. Authorized representative

Adjudicators
15. Appointment

Canadian Maritime Documents
16. Application

17. Period of validity

18. Production of document

19. Lost documents

20. Suspension, cancellation and refusal to renew

Other Documents
21. Issuance of documents to foreign vessels

22. Foreign documents

General Prohibitions
23. Destruction of documents, fraud, obstruction and movement of detained vessel

Tonnage Measurers
24. Appointment of tonnage measurers

25. Fees and travel expenses

Marine Technical Review Board
26. Establishment

27. Striking panels

28. Application

International Conventions, Protocols and Resolutions
29. Schedule 1

30. Additions to Schedule 1 or 2

31. Deletions from Schedule 1 or 2

Incorporation by Reference
32. Externally produced material

33. Defence

Orders and Directions
34. In writing

Regulations
35. Regulations - Minister of Transport

Fees
36. Debt due to Her Majesty

Offences and Punishment
37. Contravention of section 23

38. Contravention of regulations made under par. 35(1)(d) or (3)(a)

39. Contravention of Act

40. Contravention of Act or regulations

PART 2

REGISTRATION, LISTING AND RECORDING

Interpretation
41. Definition of ``Minister''

Canadian Register of Vessels and Registrars
42. Appointment of Chief Registrar

43. Duties and powers of Chief Registrar

44. Registrars

45. Immunity

Registration, Listing and Recording
46. Mandatory registration of vessels

47. Optional registration

48. Bare-boat chartered vessels

49. Vessels under construction

50. Vessels built outside Canada

Application
51. Application

Names of Vessels
52. Before registration or listing

Ownership of Vessels
53. Shares

Certificates
54. Certificates of registry

55. Provisional certificates

56. Lost certificates

Marking
57. Marking

Notifying Chief Registrar
58. Notification of changes

Maintenance of Register
59. Amendments

Suspension, Cancellation and Reinstatement of Registration
60. Suspension and cancellation

61. Registration of mortgages not affected

62. Reinstatement

Custody of Certificates of Registry and Provisional Certificates
63. Carrying on board

Rights and Obligations
64. Right to fly Canadian flag

Mortgages
65. Mortgage of vessel or share

66. Entry of discharge of mortgage

67. Priority of mortgages

68. Mortgagee not treated as owner

69. Mortgagee has power of sale

70. Mortgage not affected by bankruptcy

71. Transfer of mortgages

72. Transmission of interest of mortgagee

Transfers of Vessels or Shares in Vessels
73. Transfer

74. Order for sale on acquisition by an unqualified person

75. Power of court to prohibit transfer

Entries
76. Copies of entries

Regulations
77. Regulations

Offences and Punishment
78. Contravention of Act or regulations

79. Contravention of Act or regulations

PART 3

PERSONNEL

Interpretation
80. Definition of ``Minister''

Application
81. Canadian vessels

Masters
82. Presentation of documents

83. Detention of persons

Stowaways and Other Persons
84. Liable for discipline

Contract of Employment
85. Masters' contracts

Liens and Claims
86. Liens

Certificates
87. Positions on board Canadian vessels

88. Eligibility

89. Acceptance of foreign certificates

Medical or Optometric Information
90. Minister to be provided with information

Articles of Agreement, Discharge and Record of Sea Service
91. Articles of agreement

92. Discharge

93. Record of sea service

Return of Crew Members
94. Return and payment of expenses

95. Desertion or serious violation of contract

Births and Deaths
96. Informing province

97. Death of crew member

Obligation of Persons Who Provide Crew Members
98. If an agreement to provide crew members

Resolution of Disputes
99. Adjudication by Minister

Regulations
100. Regulations

Offences and Punishment
101. Contravention of Act or regulations

102. Contravention of Act

103. Contravention of Act or regulations

PART 4

SAFETY

Interpretation
104. Definition of ``Minister''

Application
105. Canadian vessels and foreign vessels

Authorized Representatives
106. General duties

Masters
107. Obtaining Canadian maritime documents

108. Exemptions

109. Safety of persons

110. Carrying excess number of persons

111. Compliance with directions

112. Information to be sent respecting dangers to navigation

Crew
113. Carrying out duties and reporting

114. Compliance with directions

Passengers
115. Compliance with directions

Authorized Representatives, Masters, Crew Members
and Other Persons
116. When boarding a vessel prohibited

117. Tampering and vandalism

118. Jeopardizing safety

Construction of Vessels
119. In accordance with plans

Regulations
120. Regulations

Offences and Punishment
121. Contravention of Act or regulations

122. Contravention of subsection 110(2)

123. Contravention of Act

124. When compliance agreement in effect

PART 5

NAVIGATION SERVICES

Interpretation
125. Definitions

Vessel Traffic Services
126. Entering, leaving or proceeding within a VTS Zone

127. Variations from requirements or conditions

Aids to Navigation
128. Aids to navigation vest in Her Majesty

129. Obligation to report damage

Search and Rescue
130. Designation of rescue coordinators

131. Answering distress signal

132. Assistance

133. Aircraft treated as if vessel

Sable and St. Paul Islands
134. Presence on Islands

Enforcement
135. Designation

Regulations
136. Regulations

Offences and Punishment
137. Contravention of Act

138. Contravention of Act or regulations

139. Contravention of section 134

PART 6

INCIDENTS, ACCIDENTS AND CASUALTIES

Interpretation
140. Definitions

Application
141. Vessels

Salvage
International Convention on Salvage, 1989

142. Salvage Convention

Salvage by Crown Vessels

143. When salvage services may be claimed

144. Governor in Council may accept offers of settlement

Limitation of Time for Salvage Proceedings

145. Proceedings within two years

Aircraft

146. Aircraft treated as if vessel

Rights Not Affected

147. Salvage

Obligations in Case of Collisions
148. Duty of masters in collision

Inquiry into Causes of Death
149. Inquiry into cause of death on board

Regulations
150. Regulations - Minister

Offences and Punishment
151. Contravention of paragraph 148(a) or the regulations

152. Contravention of Act or regulations

PART 7

WRECK

Interpretation
153. Definitions

Designation of Receivers of Wreck
154. Designation

Found Wreck
155. Duty of persons taking possession of wreck

156. Salvage award

157. Prohibition

158. Delivery of wreck or proceeds of disposition

159. Interpleader in case of wreck

Disposition of Wreck
160. When wreck may be disposed of

161. Unpaid salvage, fees, expenses

162. Release of wreck

Regulations
163. Regulations - Minister

Offences and Punishment
164. Contravention of Act or regulations

PART 8

POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS

Interpretation
165. Definitions

Application
166. Application

Discharges of Oil
167. Vessels - requirements

168. Oil handling facilities - requirements

Response Organizations
169. Certificate of designation

170. Statement of fees

171. Prescribed procedures, equipment and resources

Advisory Councils
172. Advisory councils

Report to Parliament
173. Review and report by Minister

Pollution Prevention Officers
174. Designation

175. Powers - general

176. Assistance to pollution prevention officer

Detention of Vessels
177. Detention

178. Interference with service

179. Direction to move a detained vessel

Response Measures
180. Minister may take necessary measures

181. Civil or criminal liability

Regulations
182. Regulations

Offences and Punishment
183. Contravention of Act

184. Contravention of Act or regulations

PART 9

POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT

Interpretation
185. Definitions

Application
186. Application

Pollution Incidents
187. Discharge of pollutant prohibited

188. Implementation of oil pollution emergency plan

Directions to Vessels
189. Powers in case of discharge

Regulations
190. Regulations

Offences and Punishment
191. Contravention of Act or regulations

192. Contravention of directions

193. Court orders

PART 10

PLEASURE CRAFT

Interpretation
194. Definitions

Inspections
195. Designation

196. Designation

197. Manufacturers and importers

198. Powers

199. Operation prohibited

Investigations
200. Stopping and boarding vessels

Safe Operation of Pleasure Craft
201. Duty

Pleasure Craft Licences
202. Licensing of pleasure craft

203. Application

204. Licence number

205. Defacing, etc., licence number

206. Lost documents

Regulations
207. Regulations

Offences and Punishment
208. Contravention of Act

209. Contravention of Act or regulations

PART 11

ENFORCEMENT - DEPARTMENT OF TRANSPORT

Interpretation
210. Definitions

Inspections
211. Authorized persons and organizations

212. Seizure

Clearance
213. No departure without clearance

214. Granting clearance

Voyage with a Person on Board without Their Consent
215. Prohibition

Reporting of Alleged Contraventions
216. Reasonable grounds

217. Inspection

218. Prohibition

Investigations
219. Investigations

220. Search and seizure without warrant

Analysis and Examination
221. Submission

Detention of Vessels
222. Optional detention

223. Interference with service

224. Direction to move a detained vessel

Sale of Vessels
225. Distress on vessel for sums ordered to be paid

226. Abandoned vessels

Foreign Vessels in Contravention of International Conventions
227. Minister's powers

Administrative Penalties
Interpretation

228. Definition of ``violation''

Assurances of Compliance and Notices of Violation

229. If reasonable grounds to believe a violation

230. Deemed violation

231. When assurance of compliance complied with

232. Notice of violation

Choice of Proceedings

233. How contravention may be proceeded with

Recovery of Debts

234. Debts due to Her Majesty

235. Certificate of default

Rules of Law about Violations

236. Violations are not offences

237. Common law principles

238. Vicarious liability - Canadian maritime document holders

General Provisions

239. Notations removed

240. Disclosure of notations of violations

241. Limitation period

242. Certificate of Minister

243. When compliance agreement in effect

Regulations
244. Regulations

Offences and Punishment
245. Contravention of Act

246. Contravention of Act or regulations

PART 12

MISCELLANEOUS

Goods
247. Definition of ``carrier''

248. Carrier's lien

249. Sale or other disposition of goods

250. Responsibility for goods

Stevedoring
251. Actions in rem

Proof of Offences by Vessels
252. Proof of offence

Offences
253. Damage to environment and risk of death or harm to persons

Due Diligence
254. Persons

Prohibitions on Conviction
255. Court order

Summary Conviction Proceedings
256. Limitation period

Jurisdiction
257. Jurisdiction in case of offences

258. Jurisdiction over vessels lying off coasts

Damage Occasioned by Foreign Vessels
259. Power to detain foreign vessel that has caused damage

Defence
260. Defence available in certain cases

Depositions in Legal Proceedings
261. Depositions received when witness cannot be produced

Procedure
262. Examination of persons before trial

263. No stay of proceedings without order

264. Jurisdiction

265. Documents admissible in evidence

266. Admissibility of documents in evidence

267. Document entries as proof

Application of Fines
268. Paid to Receiver General

State of War or Armed Conflict
269. Prohibition of shipment of articles of war

PART 13

TRANSITIONAL

270. Decisions that cease to have effect

271. Acquired rights - registered vessels

272. Acquired rights - licensed vessels

273. Certificates remain in force

274. Regulations remain in force

PART 14

CONSEQUENTIAL AND COORDINATING AMENDMENTS

Consequential Amendments
275. Bank Act

276-279. Canada Marine Act

280. Canada-Newfoundland Atlantic Accord Implementation Act

281. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

282. Canada Transportation Act

283. Canadian Environmental Protection Act, 1999

284. Canadian Transportation Accident Investigation and Safety Board Act

285. Carriage of Goods by Water Act

286. Citizenship Act

287-288. Coastal Fisheries Protection Act

289-292. Coasting Trade Act

293. Contraventions Act

294. Criminal Code

295-298. Crown Liability and Proceedings Act

299. Customs Act

300-302. Fisheries Act

303. Great Lakes Fisheries Convention Act

304. Health of Animals Act

305. Canada Labour Code

306. Marine Transportation Security Act

307-310. Merchant Seamen Compensation Act

311. National Defence Act

312. Non-smokers' Health Act

313. Northwest Territories Waters Act

314. Nuclear Safety and Control Act

315. Canada Oil and Gas Operations Act

316-318. Pilotage Act

319-320. Canada Shipping Act

321. Yukon Waters Act

Coordinating Amendments
322. Bill C-10

323. Bill C-11

324. Bill S-2

PART 15

AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987

325-330. Amendments

PART 16

AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROCTECTION ACT, 1999

331. Amendments

PART 17

REPEALS AND COMING INTO FORCE

Repeals
332-333. Repeals

Coming into Force
334. Coming into force

SCHEDULES 1 TO 3