Bill C-98

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Second Reading

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R.S., c. 1 (2nd Supp.) [c. C-52.6]	Customs Act
	*73. (1) The definitions ``Canada'', ``internal waters'' and ``territorial sea'' in subsection 2(1) of the Customs Act* are repealed.**
	(2) Subsection 2(2) of the Act is replaced by the following:
Restriction of Canadian waters	(2) The Governor in Council may from time to time by regulation temporarily restrict, for the purposes of this Act, the extent of Canadian waters, including the inland waters, but no such regulation shall be construed as foregoing any Canadian rights in respect of waters so restricted.
	74. Subsection 11(5) of the Act is replaced by the following:
Exception	(5) Subsections (1) and (3) do not apply to any person who enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer requires that person to comply with those subsections.
	75. Subsection 12(5) of the Act is replaced by the following:
Exception	(5) This section does not apply in respect of goods on board a conveyance that enters Canadian waters, including the inland waters, or the airspace over Canada while proceeding directly from one place outside Canada to another place outside Canada unless an officer otherwise requires.
R.S., c. C-53	Customs and Excise Offshore Application Act
R.S., c. 1 (2nd Supp.), s. 213(3) (Sch. III, item 2)	*76. (1) The definitions ``continental shelf'', ``internal waters'' and ``territorial sea'' in subsection 2(1) of the Customs and Excise Offshore Application Act* are repealed.**
	(2) Subsection 2(3) of the Act is repealed.
	77. Paragraphs 7(a) to (c) of the Act are replaced by the following:
	(a) within the limits of the continental shelf of Canada, or
	(b) in Canadian waters, including the inland waters within the meaning of section 2 of the Customs Act,
R.S., c. 41 (3rd Supp.) [c. C-54.01]	Customs Tariff
	*78. Section 9 of the Customs Tariff* is replaced by the following:**
Restriction of Canadian waters	9. For greater certainty, any regulation made pursuant to subsection 2(2) of the Customs Act applies so as to temporarily restrict, for the purposes of this Act, the extent of Canadian waters, including the inland waters.
R.S., c. E-6	Energy Administration Act
	*79. The definition ``offshore area'' in section 20 of the Energy Administration Act* is replaced by the following:**
``offshore area'' « zone extracôtière »	``offshore area'' means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada;
R.S., c. E-8	Energy Monitoring Act
	*80. The definition ``Canada'' in subsection 2(1) of the Energy Monitoring Act* is replaced by the following:**
``Canada'' « Canada »	``Canada'' includes the continental shelf of Canada;
R.S., c. E-15	Excise Tax Act
R.S., c. 7 (2nd Supp.), s. 34(1)	*81. Paragraph 70(1)(d) of the Excise Tax Act* is replaced by the following:**
	(d) goods delivered to telegraph cable ships proceeding on an ocean voyage for use in laying or repairing oceanic telegraph cables outside Canadian waters.
R.S., c. F-7	Federal Court Act
	*82. Paragraph 22(3)(c) of the Federal Court Act* is replaced by the following:**
	(c) in relation to all claims, whether arising on the high seas, in Canadian waters or elsewhere and whether those waters are naturally navigable or artificially made so, including, without restricting the generality of the foregoing, in the case of salvage, claims in respect of cargo or wreck found on the shores of those waters; and
	83. Paragraph 43(4)(b) of the Act is replaced by the following:
	(b) the cause of action arose in Canadian waters; or
	84. Subsection 55(1) of the Act is replaced by the following:
Application of process	55. (1) The process of the Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable.
R.S., c. F-28	Foreign Enlistment Act
R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, item 6)	*85. The definition ``within Canada'' in section 2 of the Foreign Enlistment Act* is repealed.**
R.S., c. I-21	Interpretation Act
	*86. Section 8 of the Interpretation Act* is amended by adding the following after subsection (2):**
Exclusive economic zone of Canada	(2.1) Every enactment that applies in respect of exploring or exploiting, conserving or managing natural resources, whether living or non-living, applies, in addition to its application to Canada, to the exclusive economic zone of Canada, unless a contrary intention is expressed in the enactment.
Continental shelf of Canada	(2.2) Every enactment that applies in respect of exploring or exploiting natural resources that are
	(a) mineral or other non-living resources of the seabed or subsoil, or
	(b) living organisms belonging to sedentary species, that is to say, organisms that, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or subsoil
	applies, in addition to its application to Canada, to the continental shelf of Canada, unless a contrary intention is expressed in the enactment.
	87. Subsection 35(1) of the Act is amended by adding the following in alphabetical order:
``Canada'' « Canada »	``Canada'', for greater certainty, includes the internal waters of Canada and the territorial sea of Canada;
``Canadian waters'' « eaux canadiennes »	``Canadian waters'' includes the territorial sea of Canada and the internal waters of Canada;
``contiguous zone'' « zone contiguë »	``contiguous zone'',
	(a) in relation to Canada, means the contiguous zone of Canada as determined under the Oceans Act, and
	(b) in relation to any other state, means the contiguous zone of the other state as determined in accordance with international law and the domestic laws of that other state;
``continental shelf'' « plateau continental »	``continental shelf'',
	(a) in relation to Canada, means the continental shelf of Canada as determined under the Oceans Act, and
	(b) in relation to any other state, means the continental shelf of the other state as determined in accordance with international law and the domestic laws of that other state;
``exclusive economic zone'' « zone économique exclusive »	``exclusive economic zone'',
	(a) in relation to Canada, means the exclusive economic zone of Canada as determined under the Oceans Act and includes the seabed and subsoil below that zone, and
	(b) in relation to any other state, means the exclusive economic zone of the other state as determined in accordance with international law and the domestic laws of that other state;
``internal waters'' « eaux intérieures »	``internal waters'',
	(a) in relation to Canada, means the internal waters of Canada as determined under the Oceans Act and includes the airspace above and the bed and subsoil below those waters, and
	(b) in relation to any other state, means the waters on the landward side of the baselines of the territorial sea of the other state;
``territorial sea'' « mer territoriale »	``territorial sea'',
	(a) in relation to Canada, means the territorial sea of Canada as determined under the Oceans Act and includes the airspace above and the seabed and subsoil below that sea, and
	(b) in relation to any other state, means the territorial sea of the other state as determined in accordance with international law and the domestic laws of that other state;
R.S., c. 28 (1st Supp.) [c. I-21.8]	Investment Canada Act
	*88. The definition ``Canada'' in section 3 of the Investment Canada Act* is replaced by the following:**
``Canada'' « Canada »	``Canada'' includes the exclusive economic zone of Canada and the continental shelf of Canada;
R.S., c. L-2	Canada Labour Code
1990, c. 44, s. 17	*89. Paragraph (j) of the definition ``federal work, undertaking or business'' in section 2 of the Canada Labour Code* is replaced by the following:**
	(j) a work, undertaking or activity in respect of which federal laws within the meaning of section 2 of the Oceans Act apply pursuant to section 20 of that Act and any regulations made pursuant to paragraph 26(1)(k) of that Act;
R.S., c. N-7	National Energy Board Act
	*90. Clause (b)(ii)(B) of the definition ``export'' in section 2 of the National Energy Board Act* is replaced by the following:**
	(B) to a place outside Canada from any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada, or
	91. The definition ``offshore area'' in section 123 of the Act is replaced by the following:
``offshore area'' « zone extracôtière »	``offshore area'' means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada.
1993, c. 28 [c. N-28.6]	Nunavut Act
	*92. Section 15 of Schedule III to the Nunavut Act* and the heading before it are repealed.**
R.S., c. O-7; 1992, c. 35, s. 2	Canada Oil and Gas Operations Act
	*93. Paragraph 3(b) of the Canada Oil and Gas Operations Act* is replaced by the following:**
	(b) submarine areas, not within a province, in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada.