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CANADA SHIPPING ACTR.S., 1985, c.S-9
An Act respecting shipping SHORT TITLEShort title 1. This Act may be cited as the Canada Shipping Act. INTERPRETATIONDefinitions 2. In this Act, "Admiralty Court" «Cour d'Amirauté» "Admiralty Court" means the Federal Court;
"agreement with the crew" «contrat d'engagement de l'équipage» "agreement with the crew" has the meaning as indicated in section 163;
"air cushion vehicle" «aéroglisseur» "air cushion vehicle" means a machine designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from the machine;
"authorized representative" «représentant autorisé» "authorized representative" means, except in paragraph 712(7)(a), an
authorized representative
"bare-boat charter" «affrètement coque nue» "bare-boat charter" means a ship charter agreement under which the charterer
has complete
"Board" «Bureau» "Board" means the Board of Steamship Inspection established by section 304;
"Board of Trade" or "Chamber of Commerce" «Board of Trade» ou «chambre de commerce» "Board of Trade" or "Chamber of Commerce" means the board of trade or chamber of commerce for any city, town or place in Canada that is nearest to any harbour or anchorage of ships;
"Canadian ship" «navire canadien» "Canadian ship" means a ship registered or listed under Part I;
"Canadian waters" «eaux canadiennes» "Canadian waters" means the territorial sea of Canada and all internal waters of Canada;
"cargo ship" «navire de charge» "cargo ship" means a ship that is not a fishing vessel, a passenger ship or a pleasure craft;
"Chairman" «président» "Chairman" means the Chairman of the Board;
"chief officer of customs" «préposé en chef des douanes» "chief officer of customs" means the chief or only officer of customs at any port;
"claim, the amount of" «montant de la réclamation» "claim, the amount of", in respect of jurisdiction in matters of salvage, means the amount claimed in the proceeding or suit before the receiver of wrecks, or in the court in which the suit or proceeding is taken;
"coast of Canada" «littoral du Canada» "coast of Canada" means the sea-coast of Canada and the salt water bays, gulfs and harbours on the sea-coast of Canada;
"Collision Regulations" «règlements sur les abordages» "Collision Regulations" means the regulations made under section 562.11;
"Commonwealth country" «pays du Commonwealth» "Commonwealth country" means a country
and includes the colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories of any such country;
"conditions of assignment" «conditions d'assignation» "conditions of assignment" means those provisions of the Load Line Rules made by the Governor in Council that give effect to Part II of Annex I to the Load Line Convention;
"consular officer" «fonctionnaire consulaire» "consular officer" means a consular officer of Canada or any person for the time being discharging the duties of a consular officer of Canada, and, in the absence of a consular officer of Canada or such other person, means a consul-general, consul or vice-consul of the United Kingdom or any person for the time being discharging the duties of consul-general, consul or vice-consul of the United Kingdom, and, when used in relation to a country other than Canada, means the officer recognized by Her Majesty as a consular officer of that country;
"contravention" «contravention» "contravention" includes failure to comply and the expression "contravenes" shall be construed accordingly;
"country to which the Load Line Convention applies" «pays auquel s'applique la Convention sur les lignes de charge» "country to which the Load Line Convention applies" means
"country to which the Safety Convention applies" «pays auquel s'applique la Convention de sécurité» "country to which the Safety Convention applies" means a country the government of which has been declared under section 315 to have ratified or acceded to the Safety Convention and has not been so declared to have denounced that Convention;
"dangerous goods" or "goods of a dangerous nature" «marchandises dangereuses» ou «marchandises de nature dangereuse» "dangerous goods" or "goods of a dangerous nature" means goods that by reason of their nature, quantity or mode of stowage are either singly or collectively liable to endanger the lives of the passengers or imperil the ship, and includes all substances determined by the Governor in Council, in regulations made by him, to be dangerous goods;
"deck line" «livet de pont» "deck line" means the line indicating the uppermost complete deck of a ship as defined by the Load Line Rules;
"Department" «ministère» “Department” means, except in Part VII, the Department of Transport; "equipment" «équipement» "equipment" includes life-boats, life-saving equipment, apparatus for protection against fire and for detection and extinguishing of fire, fire-control plans, line-throwing apparatus, anchors, cables, pilot ladders, means of making sound signals and distress signals, compasses, lights, signals, navigating appliances and all other apparatus or equipment designed or required for the safety of the ship or the protection of the passengers and crew, but does not include radio equipment other than radio equipment for survival craft;
"fishing vessel" «bâtiment de pêche» ou «bateau de pêche» "fishing vessel", except in section 712, means a ship that is employed in catching fish, whales, seals, walrus or other living resources of the sea, and that does not carry passengers or cargo;
"foreign ship" «navire étranger» "foreign ship" means
"foreign voyage" «voyage de long cours» "foreign voyage" means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;
"foreign-going" «au long cours» "foreign-going", when used with reference to a ship, means employed on foreign voyages;
"goods" «marchandises» "goods" includes every description of wares and merchandise;
"government ship" «navire d'État» "government ship" means a ship or vessel that is owned by and is in the service of Her Majesty in right of Canada or of any province or is, while so employed, wholly employed in the service of Her Majesty in that right;
"grain" «grain» "grain" includes wheat, maize (corn), oats, rye, barley, rice, pulses, seeds and any processed forms of seeds the behaviour of which is similar to that of grain in its natural state;
"grain cargo" «cargaison de grains» "grain cargo" means a cargo of which the portion consisting of grain is more than one-quarter of the dead weight carrying capacity of the ship carrying it;
"Great Lakes" «Grands Lacs» "Great Lakes" means Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan and Superior, and their connecting waters;
"gross tonnage" «jauge brute» ou «tonnage brut» "gross tonnage" means the overall size of a ship as determined by a tonnage measurer;
"harbour" «havre» "harbour" means harbours and places properly so called whether proclaimed public harbours or not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods or passengers;
"home-trade ships" «navire de cabotage» "home-trade ships" means ships engaged in home-trade voyages;
"home-trade voyage" «voyage de cabotage» "home-trade voyage" means a voyage, not being an inland or minor waters voyage, between places within the area following, 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;
"hull" «coque» "hull" means the body of a vessel including the masts and rigging and all parts of its structure;
"inland voyage" «voyage en eaux internes» "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;
"inland waters of Canada" «eaux internes du Canada» "inland waters of Canada" means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn
"inland waters ship" «navire d'eaux internes» "inland waters ship" means a ship employed on an inland voyage;
"international voyage" «voyage international» "international voyage"
and, for the purposes of this definition, every territory for the international relations of which a country to which the appropriate Convention applies is responsible or for which the United Nations is the administering authority shall be deemed to be a separate country;
"licensed pilot" «pilote breveté» "licensed pilot" means a person who holds a valid licence as pilot issued by a Pilotage Authority under the Pilotage Act;
"Load Line Convention" «Convention sur les lignes de charge» "Load Line Convention" means the International Convention respecting Load Lines together with the Final Protocol signed at London on July 5, 1930;
"Load Line Convention Certificate" «certificat selon la Convention sur les lignes de charge» "Load Line Convention Certificate" means a certificate indicating that a ship has been surveyed and marked with load lines in accordance with Part V and complies with the conditions of assignment to the extent required in its case;
"Load Line Convention ship" «navire ressortisant à la Convention sur les lignes de charge» "Load Line Convention ship" means a Load Line ship belonging to a country to which the Load Line Convention applies;
"Load Line Regulations" «règlements sur les lignes de charge» "Load Line Regulations" means the regulations made pursuant to paragraph 375(2)(a);
"Load Line Rules" «règles sur les lignes de charge» "Load Line Rules" means the rules made by the Governor in Council for the purpose of giving effect to Articles 6 to 10 of the Load Line Convention and Annex I and Annex II thereto;
"Load Line ship" «navire de franc-bord» "Load Line ship" means a ship of the kind described in section 353 that is not exempt under subsections (2) and (3) of that section from the provisions of Part V relating to load lines;
"load lines" «lignes de charge» "load lines" means the marks indicating the several maximum depths to which a ship can be safely loaded in the various circumstances prescribed by the Load Line Rules or Load Line Regulations applicable to that ship;
"machinery" «machines» "machinery" includes propulsion systems, steering systems, pressurized containers and systems, pumping systems, electrical systems, windlasses, and all similar apparatus required for, or affecting, the safety or operation of a ship or the safety of the personnel on board a ship;
"master" «capitaine» "master" includes every person having command or charge of any ship, but does not include a pilot;
"Merchant Shipping Acts" «Merchant Shipping Acts» "Merchant Shipping Acts" means the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;
"Minister" «ministre» “Minister” means, except in Part VII, the Minister of Transport; "minor waters of Canada" «eaux secondaires du Canada» "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 such sheltered waters on the sea-coasts of Canada as the Minister may specify;
"minor waters ship" «navire d'eaux secondaires» "minor waters ship" means a ship employed on a minor waters voyage;
"minor waters voyage" «voyage en eaux secondaires» "minor waters voyage" means a voyage within the following limits, namely, the minor waters of Canada together with such part of any lake or river forming part of the minor waters of Canada as lies within the United States;
"net tonnage" «jauge nette» "net tonnage" means the useful capacity of a ship as determined by a tonnage measurer;
"night" or "night-time" «nuit» ou «heures de nuit» "night" or "night-time" includes all that portion of the day extending from one-half hour after sunset until one-half hour before sunrise;
"nominal horsepower" «puissance nominale en chevaux» ou «chevaux-vapeur nominaux» "nominal horsepower" means the measure of the size of marine engines, ascertained in accordance with regulations made by the Governor in Council;
"nuclear ship" «navire nucléaire» "nuclear ship" means a ship fitted with a nuclear power plant;
"ordinary practice of seamen" «pratique ordinaire des marins» "ordinary practice of seamen", as applied to any case, means the ordinary practice of skilful and careful persons engaged in navigation in like cases;
"owner" «propriétaire» "owner", except in Parts XV and XVI,
"passenger" «passager» "passenger" means a person carried on a ship by the owner or operator, other than
"passenger ship" «navire à passagers» "passenger ship" means a ship carrying passengers;
"pilot" «pilote» "pilot" means any person not belonging to a ship who has the conduct thereof;
"pleasure craft" «embarcation de plaisance» "pleasure craft" means a vessel used by an individual for pleasure and not for a commercial purpose;
"port" «port» "port" includes harbour but does not include the port of Montreal as defined in The Montreal Harbour Commissioners' Act, 1894 (57-58 Victoria, chapter 48) or the port of Quebec as defined in The Quebec Harbour Commissioners Act, 1899 (62-63 Victoria, chapter 34);
"proper authority" «autorité compétente» "proper authority", when used in Part IV, means
"proper officer" «fonctionnaire compétent» "proper officer", when used in Parts III and IV, means
"qualified person" «personne qualifiée» "qualified person" means
"Radio Regulations" «règlements sur la radio» "Radio Regulations" means the regulations respecting radio made by the Governor in Council and the Minister respectively under sections 342 and 343;
"radio-telegraph" «radiotélégraphie» "radio-telegraph" includes a system of radio communication for the transmission of written matter by the use of a signal code;
"radio-telephone" «radiotéléphonie» "radio-telephone" includes a system of radio communication for the transmission of speech or, in some cases, other sounds;
"Register" «Registre» "Register" means the Canadian Register of Ships established under section 13;
"register tonnage" «jauge au registre» ou «tonnage au registre» "register tonnage" means the net tonnage shown on a ship's certificate of registry;
"remuneration" «rémunération» "remuneration" includes fuel and ships' stores of any kind or any other kind of payment or compensation;
"representation" «représentation» "representation" means probate, administration, confirmation or other instrument constituting a person the executor, administrator or other representative of a deceased person;
"rules for life-saving appliances" «règles sur les engins de sauvetage» "rules for life-saving appliances" means the regulations respecting life-boats, buoyant apparatus and other life-saving equipment made under section 338;
"Safety Convention" «Convention de sécurité» "Safety Convention" means the International Convention for the Safety of Life at Sea, 1974, signed at London on November 1, 1974 and the Protocol of 1978 relating thereto, signed at London on February 17, 1978, and any amendments, whenever made, to the Annex to that Convention other than Chapter I of the Annex;
"Safety Convention ship" «navire ressortissant à la Convention de sécurité» "Safety Convention ship" means a steamship, other than a ship of war, a troop ship or a fishing vessel, registered in a country to which the Safety Convention applies, that is on an international voyage and
"sailing ship" «voilier» ou «navires à voiles» "sailing ship", except for the purposes of the Load Line Rules, means
"sea-going ship" «navire de mer» "sea-going ship" means any ship employed on a voyage any part of which is on the sea;
"seaman" «marin» "seaman" includes
but does not include pilots, cadets and pupils on training ships and naval ratings, or other persons in the permanent service of a government except when used in Part IV where it includes an apprentice to the sea service;
"Seamen's Articles Convention" «Convention concernant le contrat d'engagement des marins» "Seamen's Articles Convention" means the International Convention respecting Seamen's Articles of Agreement adopted by the International Labour Conference at Geneva on June 24, 1926;
"Seamen's Repatriation Convention" «Convention concernant le rapatriement des marins» "Seamen's Repatriation Convention" means the International Convention concerning the repatriation of seamen adopted by the International Labour Conference at Geneva on June 24, 1926 as modified by the recommendation of the same date respecting masters and apprentices;
"ship" «navire» "ship", except in Parts II, XV and XVI, includes
"ship station" «station de bord» ou «station de navire» "ship station" means any radio station established on board a ship that is not permanently moored;
"ships belonging to Her Majesty" «navires appartenant à Sa Majesté» "ships belonging to Her Majesty" means all ships of war and other unregistered vessels held by or on behalf of Her Majesty in right of any Commonwealth country;
"shipwrecked persons" «naufragés» "shipwrecked persons" includes persons belonging to or on board any British or foreign vessel, wrecked, stranded or in distress, at any place within Canada;
"special passenger trade" «transport spécial de passagers» "special passenger trade" means a trade in relation to which the Governor in Council has modified the construction regulations or the rules for life-saving appliances in pursuance of this Act;
"special purpose personnel" «personnel d'un navire à usage spécial» "special purpose personnel" means a person designated as special purpose personnel under subsection 379.1(1);
"special purpose ship" «navire à usage spécial» "special purpose ship" means a ship designated as a special purpose ship under subsection 379.1(1);
"steamship" or "steamer" «navire à vapeur» ou «vapeur» "steamship" or "steamer", except as provided under the Load Line Rules, means any ship propelled by machinery and not coming within the definition of sailing ship;
"tackle" «outillage de chargement» "tackle", when used in relation to a vessel, means the tackle, machinery, gear, apparatus and appliances used on board the vessel for the loading and unloading thereof;
"tug" «remorqueur» "tug" means a steamship used exclusively for towing purposes;
"valuable securities" «valeurs» ou «titres valables» "valuable securities" includes every document forming the title or evidence of the title to any property of any kind whatever;
"value of the property liable" «valeur des biens répondants» "value of the property liable", in respect of jurisdiction in matters of salvage, means the value of the property when first brought into safety by the salvors;
"vessel" «bâtiment» "vessel" includes any ship or boat or any other description of vessel used or designed to be used in navigation;
"voyage" «voyage» "voyage" includes passage or trip and any movement of a ship from one place to another or from one place and returning to that place;
"wages" «gages» ou «salaires» "wages" includes emoluments;
"West Indies" «Antilles» "West Indies" includes the West Indies and the Bahama and Bermuda Islands;
"wharf" «quai» "wharf" includes all wharfs, quays, docks and premises in or on which any goods, when landed from ships, may be lawfully placed;
"wreck" «épaves» "wreck" includes
"year" «année» "year" means a calendar year, but for the purpose of the inspection of steamships by this Act rendered imperative, means twelve calendar months from the date of the certificate of inspection. References to owner 2.1 Every reference in this Act, other than in Part I, to "owner" shall be read as a reference to
3. Except as provided in section 632, this Act does not apply to air cushion vehicles. |
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