2001, c. 26

[Assented to November 1, 2001]

[Repealed, 2001, c. 29, s. 72]

An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Canada Shipping Act, 2001.

2. The definitions in this section apply in this Act.

“adjudicator”[Repealed, 2001, c. 29, s. 72]

“authorized representative” means, in respect of a Canadian vessel, the person referred to in subsection 14(1) and, in respect of a foreign vessel, the master.

“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.

“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.

“Canadian vessel” means a vessel registered or listed under Part 2 (Registration, Listing and Recording).

“foreign vessel” means a vessel that is not a Canadian vessel or a pleasure craft.

“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.

“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).

“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.

“oil handling facility” means a facility, including an oil terminal, that is 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.

“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.

“pleasure craft” means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.

“prescribed” means prescribed by regulations made by the Governor in Council.

“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.

“Register” means the Canadian Register of Vessels established under section 43.

“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.

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

“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.

“wages” includes emoluments.

2001, c. 26, ss. 2, 323, c. 29, s. 72.

3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

4. The Governor in Council may

(a) on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, make regulations prescribing classes of vessels for the purpose of the definition “pleasure craft” in section 2; and

(b) on the recommendation of the Minister of Transport, make regulations prescribing anything else that may be prescribed under section 2.