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CANADA SHIPPING ACT
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CIVIL LIABILITY AND COMPENSATION FOR POLLUTION
673. In this Part,
"Administrator"
«administrateur»
"Administrator" means the Administrator of the Ship-source Oil Pollution Fund appointed pursuant to section 704;
"Civil Liability Convention"
«Convention sur la responsabilité civile»
"Civil Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, concluded at Brussels on November 29, 1969, as amended by the Protocol of 1976, concluded at London on November 19, 1976, and the Protocol of 1992, concluded at London on November 27, 1992;
"Convention ship"
«navire soumis à l'application de la Convention»
"Convention ship" means a sea-going ship, wherever registered,
(a) carrying, in bulk as cargo, crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil, or
(b) on any voyage following any such carriage of such an oil, unless it is proved that there is no residue of the oil on board;
"discharge"
«rejet»
"discharge" of a pollutant from a ship means any discharge of a pollutant from a ship that results, directly or indirectly, in the pollutant entering the water and includes, without limiting the generality of the foregoing, spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping;
"Fund Convention"
«Convention sur le Fonds international»
"Fund Convention" means the International Convention on the Establishment of the International Fund for Compensation for Oil Pollution Damage, concluded at Brussels on December 18, 1971, as amended by the Protocol of 1976, concluded at London on November 19, 1976, and the Protocol of 1992, concluded at London on November 27, 1992;
"guarantor"
«garant»
"guarantor" means a guarantor under a contract of liability insurance or other similar security relating to a ship owner's liability under section 677;
"in bulk"
«en vrac»
"in bulk" means in a hold or tank that is part of the structure of the ship, without any intermediate form of containment;
"International Fund"
«Fonds international»
"International Fund" means the International Oil Pollution Compensation Fund established by the Fund Convention;
"Limitation of Liability Convention"
« Convention sur la limitation de responsabilité »
"Limitation of Liability Convention" has the meaning assigned to the word ``Convention'' by section 574;
"oil"
«hydrocarbures»
"oil", except in sections 716 to 721, means oil of any kind or in any form and, without limiting the generality of the foregoing, includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil;
"oil pollution damage"
«dommages dus à la pollution par les hydrocarbures»
"oil pollution damage" means, in relation to any ship, loss or damage outside the ship caused by contamination resulting from the discharge of oil from that ship;
"owner"
«propriétaire»
"owner" of a ship means
(a) in relation to a Convention ship, the person registered as the owner of the ship or, where no person is so registered,
(i) the person owning the ship, or
(ii) where the ship is owned by a state and operated by a company that is registered as the ship's operator in that state, the company, or
(b) in relation to any other ship, the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to the possession and use of the ship;
"pollutant"
«polluant»
"pollutant" means
(a) any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
and, without limiting the generality of the foregoing, includes oil and any substance or any substance of a class of substances that is prescribed for the purposes of Part XV to be a pollutant;
"pollution damage"
«dommages par pollution»
"pollution damage" means, in relation to any ship, loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from that ship;
"prescribed" Version anglaise seulement
"prescribed" means prescribed by regulation;
"ship"
«navire»
"ship" includes any description of vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion;
"Ship-source Oil Pollution Fund"
«Caisse d'indemnisation»
"Ship-source Oil Pollution Fund" means the Ship-source Oil Pollution Fund established by section 702;
"tonne"
«tonne»
"tonne" means 1000 kg.
Ships under construction, stranded, etc.
674. (1) In this Part, "ship" includes
(a) a ship in the process of construction from the time that it is capable of floating; and
(b) a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up.
Exception re drilling activities
(2) This Part does not apply to a drilling ship that is on location and engaged in the exploration or exploitation of the sea-bed or its subsoil, in so far as the discharge of the pollutant emanates from those activities.
Geographical application of Part
675. (1) For ships other than Convention ships, this Part applies in respect of actual or anticipated pollution damage, irrespective of the location of the actual or expected discharge of the pollutant and irrespective of the location where any preventive measures are taken,
(a) on the territory of Canada or in Canadian waters; and
(b) in the exclusive economic zone of Canada.
(2) For Convention ships, this Part applies, subject to subsection (3), in respect of actual or anticipated oil pollution damage, irrespective of the location of the actual or expected discharge of the oil and irrespective of the location where any preventive measures are taken,
(a) on the territory of Canada or in Canadian waters;
(b) in the exclusive economic zone of Canada;
(c) on the territory or in the territorial sea or internal waters of a state other than Canada that is a party to the Civil Liability Convention; or
(d) in the exclusive economic zone of a state referred to in paragraph (c) or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of that state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
(3) Sections 709 and 710 do not apply in respect of actual or anticipated oil pollution damage in an area described in paragraph (2)(c) or (d).
Inconsistency with Arctic Waters Pollution Prevention Act
676. Where there is any inconsistency between the provisions of this Part and the provisions of the Arctic Waters Pollution Prevention Act or of any regulations made under that Act, the provisions of this Part prevail to the extent of the inconsistency.
677. [Repealed, c.6, s.126]
677.1 [Repealed, c.6, s.126]
Minister may take necessary measures
678. (1) Where the Minister believes on reasonable grounds that a ship has discharged, is discharging or is likely to discharge a pollutant, the Minister may
(a) take such measures as the Minister deems necessary to repair, remedy, minimize or prevent pollution damage from that ship, including the removal or destruction of the ship and its contents, and may sell or otherwise dispose of the ship and its contents;
(b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the ship; or
(c) where the Minister considers it necessary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking such measures.
Application of proceeds of sale
(2) The proceeds from any sale or other disposal of a ship or its contents pursuant to paragraph (1)(a) shall be applied towards meeting the costs and expenses incurred in taking the measures under that paragraph, and any surplus shall be paid to the owner of that ship or to the owner of its contents, as the case may be.
(3) Nothing in subsection (1) exempts the owner of a ship from liability under section 677.
679. - 723. [Repealed, 2001, c. 6, s. 127]
Failure to comply with direction
723.1 Any person who fails to comply with a direction or prohibition of the Minister of Fisheries and Oceans pursuant to paragraph 678(1)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
724. - 727. [Repealed, 2001, c. 6, s. 128]
LOWER ST. LAWRENCE PILOTS' PENSIONS
727.1 The definitions in this section apply in this Part.
"Authority"
« Administration »
"Authority" means the Laurentian Pilotage Authority established by subsection 3(1) of the Pilotage Act.
"CPBSL"
« CPBSL »
"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 the Pilotage Act, or any successor of the Corporation that carries on similar functions.
"CPHQ"
« CPHQ »
"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).
"eligible pilot"
« pilote admissible »
"eligible pilot" means a person
(a) who became a member of the CPHQ and was licensed by the Authority as a pilot before 1994; or
(b) who, on December 31, 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot.
"fund"
« Fonds »
"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.
"pension plan"
« régime de pension »
"pension plan" means the plan established by the CPHQ for the administration
of the fund.
"Société"
« Société »
"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.
727.2 (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.
(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
(a) determine and receive the amounts payable into the fund by the CPBSL for the purpose of sustaining the fund;
(b) manage and invest moneys paid into the fund;
(c) determine the persons eligible to receive benefits from the fund, the amount they are to receive as benefits, when the payments of the benefits are to commence and the frequency of the payments; and
(d) pay from the fund the benefits so determined and any amounts required for the management of the fund.
727.3 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.
727.4 For the purposes of paragraph 149(1)(o.1) of the Income Tax Act, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan within the meaning of that Act and to have operated at all times solely for that purpose.
727.5 For any taxation year in respect of which the pension plan is a registered pension plan for the purposes of the Income Tax Act, sums paid into the fund by the CPBSL shall not be included in the income of an eligible pilot or in the income of the Société for the purposes of that Act.
727.6 (1) For the purposes of the provisions of the Income Tax Act and the Income Tax Regulations that relate to registered pension plans,
(a) the CPBSL is deemed to have been the employer of an eligible pilot and an eligible pilot is deemed to have been an employee of the CPBSL throughout any period, either before or after the coming into force of this Part, during which the eligible pilot was a member of the CPBSL and held a pilot's licence from the Authority, whether suspended or not, or served as an apprentice pilot to obtain a pilot's licence for District No. 2 designated by the Authority;
(b) an eligible pilot is deemed to have been employed and to have rendered services on a full-time basis throughout any year if the number of pilotage tours credited to the pilot for the year is not less than 90% of the average number of tours for pilots in the year, determined by the Société on the basis of the total number of paid tours for pilots in the year, and is otherwise deemed to have been employed and to have been rendering services on a part-time basis throughout the year, with the proportion of full-time service being determined as the proportion of the number of tours so credited to the average number of tours for pilots;
(c) any period authorized by the CPBSL during which an eligible pilot was not available to perform services as a pilot, otherwise than by reason of illness or disability for more than 12 months, is deemed to be a period throughout which the pilot did not render services to the CPBSL by reason of leave of absence;
(d) the period of employment of an eligible pilot by the CPBSL includes any period before 1994 during which the pilot
(i) was enrolled at the Institut de Marine de Rimouski or any other educational institution accredited by the Authority, or
(ii) served as an officer of a ship,
to the extent that the period was credited under the pension plan before 1994;
(e) the fees paid to an eligible pilot by the Société, either before or after the coming into force of this Part, are deemed to have been paid by the CPBSL and to be remuneration of the eligible pilot and, for the purposes of section 147.1 of the Income Tax Act, to be part of the pilot's compensation;
(f) any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL and not by an eligible pilot;
(g) the pension plan is deemed to be a grandfathered plan;
(h) for the purposes of paragraph 8503(3)(e) and subsection 8509(3) of the Income Tax Regulations, all benefits provided under the pension plan in respect of periods before 1992 are deemed to be acceptable to the Minister of National Revenue to the extent that
(i) the periods were credited under the pension plan before 1994, and
(ii) the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;
(i) subsection 8504(6) of the Income Tax Regulations does not apply in respect of benefits credited under the pension plan before 1994;
(j) the past service pension adjustment (PSPA) of an eligible pilot with respect to the CPBSL for the year in which this Part comes into force shall be determined as if the eligible pilot's provisional PSPA with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act were nil, to the extent that the provisional PSPA relates to benefits provided under the pension plan in respect of years after 1993;
(k) for each particular year that is after 1993 and before the year in which this Part comes into force,
(i) the pension adjustment of an eligible pilot with respect to the CPBSL shall be determined as if the pension plan had been a registered pension plan in that particular year and as if all benefits provided to the pilot for that particular year had accrued on a current-service basis, and
(ii) information returns reporting the pension adjustment so determined must be filed, not later than 90 days after the day on which this Part comes into force, with the Minister of National Revenue in the form and manner authorized by that Minister;
(l) if the pension plan is registered under section 147.1 of the Income Tax Act within 120 days, or any longer period that is acceptable to the Minister of National Revenue, after the day on which this Part comes into force, the assets of the fund are deemed to have been transferred to the fund from a registered pension plan;
(m) the CPHQ shall assume the obligations of the employer under Part LXXXIV of the Income Tax Regulations with respect to eligible pilots; and
(n) the requirement of certification under paragraph 147.1(10)(a) of the Income Tax Act does not apply in relation to benefits provided under the pension plan before 1994 in respect of the years 1990, 1991, 1992 and 1993.
(1.1) For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i).
(2) For the purposes of Part X.1 of the Income Tax Act, the cumulative excess amount of an eligible pilot in respect of registered retirement savings plans at any time before the month immediately following the month in which this Part comes into force shall be determined as if each of the following amounts were nil:
(a) any pension adjustment of the pilot referred to in paragraph (1)(k); and
(b) the pilot's provisional PSPA, within the meaning of the Income Tax Regulations, with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act.
727.7 The Governor in Council, on the recommendation of the Minister of Finance, may make regulations for carrying out the purposes and provisions of this Part.
Application of New Parts XV and XVI
(1) The New Parts XV and XVI apply in respect of damage or loss occurring or costs or expenses incurred after the coming into force of these New Parts, regardless of the time of the occurrence that gave rise to the damage, loss, costs or expenses.
(2) Any claim made against the Ship-source Oil Pollution Fund after the coming into force of the New Parts XV and XVI in respect of damage or loss that occurred, or costs or expenses that were incurred, before the coming into force of these New Parts shall be dealt with in accordance with the provisions of Part XV of the Canada Shipping Act as it read immediately before the coming into force of the New Parts.
Transfer of rights and obligations
(3) All rights and obligations of the Maritime Pollution Claims Fund in existence immediately before the coming into force of the New Parts XV and XVI shall, on the coming into force of these New Parts, become rights or obligations of the Ship-source Oil Pollution Fund, and any such right or obligation or any claim pending against the Maritime Pollution Claims Fund may be enforced by or against the Ship-source Oil Pollution Fund in accordance with the provisions of Part XV of the Canada Shipping Act as it read immediately before the coming into force of these New Parts.
Transfer of balance to new Fund
The balance standing to the credit of the Maritime Pollution Claims Fund immediately before the coming into force of the New Parts XV and XVI shall, on the coming into force of these New Parts, be credited to the Ship-source Oil Pollution Fund.
Administrator to continue in office
The Administrator of the Maritime Pollution Claims Fund in office immediately before the coming into force of the New Parts XV and XVI continues in office as the Administrator of the Ship-source Oil Pollution Fund for the balance of his five year term as if he had been appointed for the period of that balance under subsection 704(1) of the New Part XVI.
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