Bill C-14
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307. (1) The definitions ``seaman'' and
``ship'' in subsection 2(1) of the Merchant
Seamen Compensation Act are replaced by
the following:
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| ``seaman'' « marin »
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``seaman'' means every person, except pilots,
apprenticed pilots and fishers, employed or
engaged on
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| ``ship'' « navire »
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``ship'' means a vessel as defined in section 2
of the Canada Shipping Act, 2001.
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``foreign
voyage'' « voyage de long cours »
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``foreign voyage'' means a voyage extending
beyond the area of a home-trade voyage and
not being an inland or minor waters voyage;
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| ``home-trade
voyage'' « voyage de cabotage »
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``home-trade voyage'' means a voyage, not
being an inland or minor waters voyage,
between places within the following areas,
namely, Canada, the United States other
than Hawaii, St. Pierre and Miquelon, the
West Indies, Mexico, Central America and
the northeast coast of South America, in the
course of which a ship does not go south of
the sixth parallel of north latitude;
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| ``inland
voyage'' « voyage en eaux internes »
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``inland voyage'' means a voyage, not being a
minor waters voyage, on the inland waters
of Canada together with such part of any
lake or river forming part of the inland
waters of Canada as lies within the United
States or on Lake Michigan;
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| ``minor waters
of Canada'' « eaux secondaires du Canada »
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``minor waters of Canada'' means all inland
waters of Canada other than Lakes Ontario,
Erie, Huron, including Georgian Bay, and
Superior and the St. Lawrence River east of
a line drawn from Father Point to Point
Orient, and includes all bays, inlets and
harbours of or on those lakes and Georgian
Bay and the sheltered waters on the
seacoasts of Canada that the Minister of
Transport may specify;
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| ``minor waters
voyage'' « voyage en eaux secondaires »
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``minor waters voyage'' means a voyage
within the following limits, namely, the
minor waters of Canada together with the
part of any lake or river forming part of the
minor waters of Canada that lies within the
United States;
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308. Paragraph 31(1)(c) of the Act is
replaced by the following:
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309. Subsection 42(2) of the Act is
replaced by the following:
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| No
compensation
if wages paid
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(2) No compensation is payable in respect
of the period during which an employer is,
under the Canada Shipping Act, 2001, or
otherwise, liable for the payment of wages and
to defray the expenses of maintenance of an
injured seaman.
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310. Section 47 of the Act is replaced by
the following:
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| Medical aid
under one Act
only
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47. Notwithstanding anything in this Act, a
seaman entitled to medical aid under Part 3 of
the Canada Shipping Act, 2001, or under any
other Act that provides similar benefits, is not
entitled to medical aid under this Act during
the period and to the extent that medical aid is
furnished under that Part or that other Act.
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| R.S., c. N-5
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National Defence Act
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311. Section 266 of the National Defence
Act is repealed.
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| R.S., c. 15
(4th Supp.)
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Non-smokers' Health Act
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| 1996, c. 10,
s. 247
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312. Subsection 2(2) of the Non-smokers'
Health Act is replaced by the following:
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| Application
outside
Canada
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(2) This Act, except section 10, applies
outside Canada in respect of a work space on
an aircraft, train or motor vehicle being
operated between Canada and another country
by a Canadian, as defined in section 55 of the
Canada Transportation Act, or a work space
on a vessel registered or listed under the
Canada Shipping Act, 2001 that is being
operated between Canada and another
country, to the extent that compliance with
this Act within the territory of another
jurisdiction does not result in the
contravention of the laws of that jurisdiction.
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| 1992, c. 39
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Northwest Territories Waters Act
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313. The portion of the definition ``use''
in section 2 of the Northwest Territories
Waters Act after paragraph (c) is replaced
by the following:
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| 1997, c. 9
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Nuclear Safety and Control Act
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314. Section 54 of the Nuclear Safety and
Control Act is repealed.
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| R.S., c. O-7;
1992, c. 35,
s. 2
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Canada Oil and Gas Operations Act
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| 1992, c. 35,
s. 22(1)
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315. Subsection 24(1) of the Canada Oil
and Gas Operations Act is replaced by the
following:
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| Definition of
``spill''
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24. (1) In sections 25 to 28, ``spill'' means
a discharge, emission or escape of oil or gas,
other than one that is authorized pursuant to
the regulations or any other federal law or that
constitutes a discharge from a vessel to which
Part 8 or 9 of the Canada Shipping Act, 2001
applies or a ship to which Part XVI of the
Canada Shipping Act applies.
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| R.S., c. P-14
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Pilotage Act
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316. Section 2 of the Pilotage Act is
replaced by the following:
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| Definitions
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1.1 The definitions in this section apply in
this Act.
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| ``apprentice
pilot'' « apprenti-pil ote »
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``apprentice pilot'' means a person who is
training to become a licensed pilot.
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| ``licence'' « brevet »
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``licence'' means a licence issued by an
Authority under section 22.
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| ``licensed
pilot'' « pilote breveté »
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``licensed pilot'' means a person who holds a
valid licence.
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| ``pilot'' « pilote »
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``pilot'' means any person who does not
belong to a ship and who has the conduct of
it.
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| ``ship'' « navire »
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``ship'' includes any description of vessel or
boat used or designed for use in navigation,
without regard to method or lack of
propulsion.
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PART 1 |
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PILOTAGE |
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Interpretation |
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| Definitions
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2. The definitions in this section apply in
this Part.
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| ``Authority''
« Administra- tion »
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``Authority'' means a Pilotage Authority
established by section 3.
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| ``Canadian
waters'' « eaux canadiennes »
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``Canadian waters'' means the territorial sea
of Canada and all internal waters of Canada.
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| ``compulsory
pilotage'' « pilotage obligatoire »
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``compulsory pilotage'' means, in respect of a
ship, the requirement that the ship be under
the conduct of a licensed pilot or the holder
of a pilotage certificate.
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| ``compulsory
pilotage area'' « zone de pilotage obligatoire »
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``compulsory pilotage area'' means an area of
water in which ships are subject to
compulsory pilotage.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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| ``pilotage
certificate'' « certificat de pilotage »
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``pilotage certificate'' means a certificate
issued by an Authority under section 22.
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317. The Act is amended by adding the
following after section 53:
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PART 2 |
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LOWER ST. LAWRENCE PILOTS' PENSIONS |
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Interpretation |
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| Definitions
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54. The definitions in this section apply in
this Part.
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| ``Authority'' « Administrati on »
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``Authority'' means the Laurentian Pilotage
Authority.
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| ``CPBSL'' « CPBSL »
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``CPBSL'' means the Corporation of the
Lower St. Lawrence Pilots established by
letters patent under Part II of the Canada
Corporations Act, chapter 53 of the Revised
Statutes of Canada, 1952, as amended by
chapter 52 of the Statutes of Canada,
1964-65, a body corporate contracting with
the Authority for the services of pilots under
this Act, or any successor of the
Corporation that carries on similar
functions.
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| ``CPHQ'' « CPHQ »
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``CPHQ'' means the Corporation of Pilots for
and below the Harbour of Quebec,
established by chapter 123 of the Statutes of
the Province of Canada, 1860 (23 Vict.,
c. 123).
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| ``eligible
pilot'' « pilote admissible »
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``eligible pilot'' means a person
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| ``fund'' « Fonds »
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``fund'' means the fund established by chapter
12 of the Statutes of the Province of Lower
Canada, 1805 (45 George III, c. 12) and
continued by chapter 114 of the Statutes of
the Province of Canada, 1848-49 (12 Vict.,
c. 114), as amended.
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| ``pension
plan'' « régime de pension »
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``pension plan'' means the plan established by
the CPHQ for the administration of the
fund.
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| ``Société'' « Société »
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``Société'' means the general partnership
composed of the members of the CPBSL
and called Les Pilotes du Bas
Saint-Laurent, or its successor, and includes
any predecessor of the Société that carried
on similar functions on behalf of those
members.
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| Part III of
Canada
Corporations
Act
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55. (1) The CPHQ is deemed to be a
corporation to which section 158 of the
Canada Corporations Act, chapter C-32 of the
Revised Statutes of Canada, 1970, applies.
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| Management
of fund
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(2) Notwithstanding the provisions of any
Act relating to the CPHQ, the CPHQ has, and
is deemed to have had at all times, the powers
necessary for the administration of the
pension plan on behalf of the CPBSL,
including the power to
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Pension Benefits Standards Act, 1985 |
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| Application of
Act
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56. The Pension Benefits Standards Act,
1985 applies in respect of the pension plan
and, for that purpose, the CPBSL is deemed to
be the employer of eligible pilots and the
administrator of the plan, and eligible pilots
are deemed to be employees of the CPBSL.
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