GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 257
Jurisdiction in case of offences 257 (1) For the purpose of giving jurisdiction under this Act, every offence is deemed to have been committed and every cause of complaint to have arisen either in the place where the offence actually was committed or arose, or in any place where the offender or person or vessel complained against may be. Presumption of jurisdiction (2) If, in a legal proceeding under this Act, a question arises as to whether a vessel or person is within any of the provisions of this Act or the regulations, the vessel or person is deemed to be within those provisions unless the contrary is proved.
Canada Shipping Act, 2001 — C-10.15 258
Jurisdiction over vessels lying off coasts 258 (1) If a district within which a court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of a sea, or abuts on or projects into navigable waters, the court, justice or provincial court judge has jurisdiction over any vessel on, or lying or passing off, that coast or in or near those navigable waters, and over all persons on board, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge. Added power of courts (2) The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code .
Canada Shipping Act, 2001 — C-10.15 259
Power to detain foreign vessel that has caused damage 259 If the Federal Court is satisfied that damage or loss has in any part of the world been caused to property that belongs to Her Majesty in right of Canada or a province or to a qualified person by the fault, in whole or in part, of a foreign vessel that is at the time of the application in Canadian waters, on ex parte application the Federal Court may issue an order requiring any person named by the Court to detain the vessel until the applicant has been compensated for the damage or loss or until security, in the form and amount approved by the Court, is deposited with the Court. 2001, c. 26, s. 259; 2015, c. 3, s. 26(E)
Canada Shipping Act, 2001 — C-10.15 260
Defence available in certain cases 260 It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given (a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and (b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.
Canada Shipping Act, 2001 — C-10.15 261
Depositions received when witness cannot be produced 261 (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if (a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada; (b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and (c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer. Certificate as evidence (2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused. Certified copies (3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.
Canada Shipping Act, 2001 — C-10.15 262
Examination of persons before trial 262 (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case. Use of examination (2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.
Canada Shipping Act, 2001 — C-10.15 263
No stay of proceedings without order 263 The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.
Canada Shipping Act, 2001 — C-10.15 264
Jurisdiction 264 If there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where a conviction or an order is made, in Ontario, a judge of the Ontario Superior Court of Justice, in Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court, in Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court, or, in New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen’s Bench has power to hear and determine an application for a stay of proceedings on the conviction or order. 2001, c. 26, s. 264; 2015, c. 3, s. 27
Canada Shipping Act, 2001 — C-10.15 265
Documents admissible in evidence 265 (1) A document made, given or issued under this Act and appearing to be signed by the Minister of Transport, the Minister of Fisheries and Oceans, the Chief Registrar or a registrar, a marine safety inspector, the Chair of the Marine Technical Review Board, a marine communications and traffic services officer, a person exercising powers under subsection 135(2), a pleasure craft safety inspector or an enforcement officer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document. Copies or extracts (2) A copy of or an extract from any record or other document that is made, given or issued under this Act by a person referred to in subsection (1) and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. 2001, c. 26, s. 265 2023, c. 26, s. 423(F)
Canada Shipping Act, 2001 — C-10.15 266
Admissibility of documents in evidence 266 A document that this Act declares to be admissible in evidence is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of the parties authority to receive evidence, and, in the absence of any evidence to the contrary, is proof of the matters stated in the document without proof of the signature or the official character of the person appearing to have signed it.
Canada Shipping Act, 2001 — C-10.15 267
Document entries as proof 267 In an action or proceeding under this Act, an entry in a record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated as against the person who made the entry or was required to keep the record or, if the record was kept in respect of a vessel, against the authorized representative or master.
Canada Shipping Act, 2001 — C-10.15 268
Paid to Receiver General 268 (1) Subject to subsection (2), all fines imposed under this Act must, despite any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund. Application of fines (2) A court, justice of the peace or provincial court judge who imposes a fine under this Act may direct that the whole or a portion of it may (a) be applied in compensating a person for any wrong or damage that may have been caused by the act or default in respect of which the fine was imposed; (b) be applied in or toward payment of the expenses of the proceedings; or (c) be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.
Canada Shipping Act, 2001 — C-10.15 268.1
Crown not relieved 268.1 Subsections 11(5) and 12(5), section 45, paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act , relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject. 2001, c. 26, s. 268.1; 2014, c. 29, s. 77 2018, c. 27, ss. 710, 712 2019, c. 1, s. 150
Canada Shipping Act, 2001 — C-10.15 270
Decisions that cease to have effect 270 Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.
Canada Shipping Act, 2001 — C-10.15 271
Acquired rights — registered vessels 271 (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes. (2) [Repealed before coming into force, 2008, c. 20, s. 3] Grace period (3) A vessel that was not required to be registered under the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.
Canada Shipping Act, 2001 — C-10.15 272
Acquired rights — licensed vessels 272 Every vessel, other than a pleasure craft, licensed under section 108 of the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985, when Part 2 comes into force is deemed to be registered in the small vessel register referred to in subsection 43(1) until (a) the earlier of the date the vessel’s ownership changes and five years after Part 2 comes into force; or (b) in the case of a vessel that was issued a licence under that Act, the expiry date of the licence. 2001, c. 26, s. 272; 2015, c. 3, s. 28(F) 2023, c. 26, s. 420(F)
Canada Shipping Act, 2001 — C-10.15 273
Certificates remain in force 273 Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.
Canada Shipping Act, 2001 — C-10.15 274
Regulations remain in force 274 (1) Regulations made under the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985, other than under any of the provisions listed in section 332 of this Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed. Regulations (2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1). Validity periods of certificates (3) Any certificate’s period of validity that is provided for in a regulation referred to in subsection (1) is deemed to have been specified by the Minister under subsection 17(1). Canadian ships (4) Every reference to “Canadian ship” or “Canadian ships” in the regulations referred to in subsection (1) shall be read as a reference to “Canadian vessel” or “Canadian vessels”, respectively. Pleasure craft (5) Every vessel that, immediately before the coming into force of Part 10, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act , chapter S-9 of the Revised Statutes of Canada, 1985 (“that Act”), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first. Offence (6) Every person who, or vessel that, contravenes a regulation that is in force under subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Canada Shipping Act, 2001 — C-10.15 Coming into force
Coming into force * 334 (1) The provisions of this Act, other than sections 319 and 322 to 332, come into force on a day or days to be fixed by order of the Governor in Council. Shipping Conferences Exemption Act, 1987 (2) Sections 325 to 330 come into force on the ninetieth day after this Act is assented to. * [Note: Sections 319, 322 to 324, 331 and 332 in force on assent November 1, 2001; sections 325 to 330 in force January 30, 2002; sections 1 to 270, subsections 271(1) and (3) and sections 272 to 318, 321 and 333, in force July 1, 2007, see SI/2007-65; subsection 271(2) and section 320 repealed before coming into force, see 2008, c. 20, s. 3.]
Canada Shipping Act, 2001 — C-10.15 2
2 Unemployment Indemnity (Shipwreck) Convention, 1920
Canada Shipping Act, 2001 — C-10.15 3
3 Medical Examination of Young Persons (Sea) Convention, 1921
Canada Shipping Act, 2001 — C-10.15 4
4 Minimum Age (Trimmers and Stokers), 1921
Canada Shipping Act, 2001 — C-10.15 5
5 Marking of Weight (Packages Transported by Vessels) Convention, 1926
Canada Shipping Act, 2001 — C-10.15 6
6 Seaman’s Articles of Agreement Convention, 1926
Canada Shipping Act, 2001 — C-10.15 7
7 Protection of Accidents (Dockers) Convention (revised), 1932
Canada Shipping Act, 2001 — C-10.15 8
8 Minimum Age (Sea) Convention (Revised), 1936
Canada Shipping Act, 2001 — C-10.15 9
9 Certification of Able Seamen Convention, 1946
Canada Shipping Act, 2001 — C-10.15 10
10 Certification of Ships’ Cooks Convention, 1946
Canada Shipping Act, 2001 — C-10.15 11
11 Food and Catering (Ship’s Crews) Convention, 1946
Canada Shipping Act, 2001 — C-10.15 12
12 Medical Examination (Seafarers) Convention, 1946
Canada Shipping Act, 2001 — C-10.15 13
13 Seafarers’ Identity Documents Convention, 1958
Canada Shipping Act, 2001 — C-10.15 14
14 Convention on Facilitation of International Maritime Traffic, 1965
Canada Shipping Act, 2001 — C-10.15 15
15 International Convention on Load Lines, 1966
Canada Shipping Act, 2001 — C-10.15 16
16 International Convention on Tonnage Measurement of Ships, 1969
Canada Shipping Act, 2001 — C-10.15 17
17 Convention on the International Regulations for Preventing Collisions at Sea, 1972
Canada Shipping Act, 2001 — C-10.15 18
18 International Convention for the Prevention of Pollution from Ships, 1973
Canada Shipping Act, 2001 — C-10.15 19
19 International Convention for the Safety of Life At Sea of 1974
Canada Shipping Act, 2001 — C-10.15 20
20 Convention on the International Maritime Satellite Organization (INMARSAT), 1976
Canada Shipping Act, 2001 — C-10.15 21
21 Merchant Shipping (Minimum Standards) Convention, 1976
Canada Shipping Act, 2001 — C-10.15 22
22 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978
Canada Shipping Act, 2001 — C-10.15 23
23 Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships
Canada Shipping Act, 2001 — C-10.15 24
24 Protocol of 1978 relating to the International Convention for the Safety of Life At Sea of 1974
Canada Shipping Act, 2001 — C-10.15 24.1
24.1 Great Lakes Water Quality Agreement, 1978
Canada Shipping Act, 2001 — C-10.15 25
25 Convention for the Suppression of Unlawful Act Against the Safety of Maritime Navigation, 1988
Canada Shipping Act, 2001 — C-10.15 26
26 Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974
Canada Shipping Act, 2001 — C-10.15 27
27 Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf
Canada Shipping Act, 2001 — C-10.15 28
28 Protocol of 1988 relating to the International Convention on Load Lines, 1966
Canada Shipping Act, 2001 — C-10.15 29
29 International Convention on Oil Pollution Preparedness Response and Cooperation, 1990
Canada Shipping Act, 2001 — C-10.15 29.1
29.1 International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995
Canada Shipping Act, 2001 — C-10.15 30
30 Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships
Canada Shipping Act, 2001 — C-10.15 30.1
30.1 International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001
Canada Shipping Act, 2001 — C-10.15 30.2
30.2 International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004
Canada Shipping Act, 2001 — C-10.15 1
1 International Convention on Maritime Search and Rescue, 1979
Canada Shipping Act, 2001 — C-10.15 2
2 International Convention on Oil Pollution Preparedness Response and Cooperation, 1990
Canada Shipping Act, 2001 — C-10.15 162
Setting of fees — Canada Shipping Act, 2001 162 (1) A classification society that provides, during the period beginning on July 1, 2007 and ending on the day before the day on which this Act receives royal assent, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act, 2001 in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c) of that Act may set the fees to be paid to it for those services: (a) services related to a Canadian maritime document; (b) services related to any approvals or certifications; and (c) the conduct or witnessing of tests. Not public money (2) The fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and the User Fees Act does not apply in respect of them. Non-application of certain regulations (3) The regulations made under paragraph 35(1)(g) of the Canada Shipping Act, 2001 do not apply in respect of any service referred to in any of paragraphs (1)(a) to (c) that is provided, during the period beginning on July 1, 2007 and ending on the day before the day on which this Act receives royal assent, by a classification society in the exercise of powers or the performance of duties under that Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c) of that Act.
Canada Shipping Act, 2001 — C-10.15 163
Setting of fees — Canada Shipping Act 163 (1) A classification society that provides, during the period beginning on January 1, 1999 and ending on June 30, 2007, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 8(1)(c) of that Act may set the fees to be paid to it for those services: (a) services related to an inspection certificate; (b) services related to any approvals or certifications; and (c) the conduct or witnessing of tests. Not public money (2) The fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and are not subject to subsection 408(2) of the Canada Shipping Act . User Fees Act (3) The User Fees Act does not apply in respect of the fees referred to in subsection (1).
Canada Shipping Act, 2001 — C-10.15 164
Non-application of certain regulations 164 The regulations made under paragraph 231(1)(d), subsections 408(1) or (4) or paragraphs 657(1)(l) or (m) of the Canada Shipping Act do not apply in respect of any service referred to in any of paragraphs 163 (1)(a) to (c) that is provided, during the period beginning on January 1, 1999 and ending on June 30, 2007, by a classification society in the exercise of powers or the performance of duties under that Act.
Canada Shipping Act, 2001 — C-10.15 711
Deemed violation 711 (1) A contravention of subsection 10.1(4) of the Canada Shipping Act, 2001 (in this section referred to as “the Act”), as enacted by section 690 of this Act, is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act. Range of penalties (2) The range of penalties in respect of a violation referred to in subsection (1) is $250 to $250,000. Continued violation (3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued. Repeal (4) This section is repealed on the day on which a regulation under section 244 of the Act that designates a contravention of subsection 10.1(4) of the Act, as enacted by section 690 of this Act, as a violation for the purposes of section 228 of the Act comes into force.
Canada Shipping Act, 2001 — C-10.15 424
Definition of Act 424 (1) In this section and sections 425 and 426 , Act means the Canada Shipping Act, 2001 . Words and expressions (2) Words and expressions used in sections 425 and 426 have the same meaning as in the Act.
Canada Shipping Act, 2001 — C-10.15 425
Information with respect to authorized representative 425 (1) If, during the period beginning on the day on which this section comes into force and ending on the day on which an application for the renewal of a vessel’s certificate of registry is made for the first time after that day, the owner enters into an arrangement referred to in paragraph 14(2)(a) of the Act, the authorized representative must, despite subsection 58(1) of the Act, notify the Chief Registrar of their name and address no later than the day on which that application is made. Contravention (2) Every person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $25,000.
Canada Shipping Act, 2001 — C-10.15 426
Definition of transition period 426 (1) In this section, transition period means the period beginning on the day on which this section comes into force and ending on the day on which a regulation made under section 244 of the Act that designates a contravention of any of the provisions of the Act or regulations or directions referred to in subsection (2) as a violation for the purposes of section 228 of the Act comes into force. Deemed violation (2) During the transition period, a contravention of any of the following is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act: (a) a direction given under subsection 111(1), (2) or (3) of the Act; (b) a direction given under subsection 114(1) or (2) of the Act; (c) a provision of the regulations made under subsection 136(1) of the Act; (d) paragraph 186.1(1)(a), (b), (c) or (d) or (2)(a) or (b), section 186.2 or subsection 186.3(1) or (2) of the Act; (e) a direction given under paragraph 189(1)(a), (a.1), (b), (c) or (d) of the Act; (f) a direction given under subsection 189(2) of the Act; (g) subsection 197(1) or (2) or 198(2) of the Act; and (h) a direction given under subsection 211(3.1) of the Act. Range of penalties (3) The range of penalties in respect of a violation referred to in subsection (2) is $250 to $250,000. Continued violation (4) A violation referred to in subsection (2) constitutes a separate violation for each day on which it is continued.