Coasting Trade Act — C-33.3 3
t apply in respect of (a) the carriage of goods by a ship that is described in paragraph (2.2)(a) or (2.21)(a), from the port of Halifax — where the goods are loaded — to the port of Montreal, or vice versa, if that carriage is one leg of the importation of the goods into Canada; or (b) the carriage of goods by the ship from the port of Montreal — where the goods are loaded — to the port of Halifax, or vice versa, if that carriage is one leg of the exportation of the goods from Canada. Feeder services — single trip (2.4) Subject to subsection (2.5), subsection (1) does not apply in respect of the carriage, by a ship that is described in paragraph (2.2)(b) or (2.21)(b), of goods in a container from the port of Montreal to the port of Halifax, or vice versa, if (a) that carriage is one leg of the importation of the goods into or exportation from Canada; and (b) the container is at least 6.1 metres in length and has an internal volume of at least 14 cubic metres, is designed for carrying goods more than once and by one or more modes of transportation, and does not have wheels or is not otherwise built for being driven or drawn. Subsequent coasting trade subject to subsection (1) (2.5) Once a ship has completed a carriage of goods as described in subsection (2.4), subsection (1) applies to the ship in respect of any such subsequent carriage of goods by the ship, until it departs from the exclusive economic zone of Canada or from the inland waters , as defined in subsection 2(1) of the Customs Act , at a location where the inland waters are contiguous to the United States. Provision of information (2.6) Before a ship engages, without a licence, in any activities referred to in subsections (2.11) to (2.4) and for which the owner of the ship intends to rely on an exemption under any one of those subsections, the owner shall provide information to an enforcement officer, in the form and manner specified by the Minister, establishing that the ship meets the applicable conditions under any of subsections (2.11) to (2.21). Assistance in cases of distress (3) Nothing in this section precludes a foreign ship or a non-duty paid ship from rendering assistance to persons, ships or aircraft in danger or distress in Canadian waters. United States Wreckers Act (4) Subsection (1) does not apply in respect of operations permitted by the United States Wreckers Act . DEW Sites (5) Subsection (1) does not apply to any ship that is owned by the Government of the United States and used for the sole purpose of transporting goods of Canadian or United States origin owned by the Government of the United States to supply Distant Early Warning Sites. Other laws apply (6) For greater certainty, any law of Canada that imposes safety or pollution prevention requirements applies to a foreign ship that is exempted from the application of subsection (1). Control (7) For the purposes of subsection (2.2), an entity is under Canadian or European control (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals: (i) a Canadian citizen, (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or (iii) a national of a member state of the European Union; or (b) in the case of a third party entity that is a trust, partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50%