Coasting Trade Act — C-33.3 3
Prohibition 3 (1) No foreign ship or non-duty paid ship shall, except in accordance with a licence, engage in the coasting trade. Application (2) Subsection (1) does not apply in respect of any foreign ship or non-duty paid ship that is (a) used as a fishing vessel, as defined by the Coastal Fisheries Protection Act , in any activity governed by that Act and that does not carry any goods or passengers other than goods or passengers incidental to any activity governed by that Act; (b) engaged in any ocean research activity commissioned by the Department of Fisheries and Oceans; (c) operated or sponsored by a foreign government that has sought and received the consent of the Minister of Foreign Affairs to conduct marine scientific research; (c.1) engaged in seismic activities in waters above the continental shelf of Canada that are in relation to the exploration for mineral or non-living natural resources of the continental shelf of Canada; (d) engaged in salvage operations, except where such operations are performed in Canadian waters; or (e) engaged, with the approval of a person designated as a pollution response officer under section 174.1 of the Canada Shipping Act, 2001 , in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency. Repositioning of empty containers (2.1) Subsection (1) does not apply in respect of carriage between one place in Canada and another, without consideration, of empty containers that are owned or leased by the ship’s owner and of any ancillary equipment that is necessary to ensure the safety, security, containment and preservation of the goods that may be carried in those containers. Dredging activities (2.11) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by (a) a non-duty paid ship whose owner is a Canadian entity, an EU entity or a British entity; or (b) a foreign ship whose owner is a Canadian entity, an EU entity or a British entity and that is registered in a register other than (i) the Canadian Register of Vessels, or (ii) a register referred to in paragraph (2.2)(a) or (b) or (2.21)(a) or (b). Dredging activities — EU registers (2.2) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA — carried out by a foreign ship whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control and that is registered in (a) the first, or domestic, register of a member state of the European Union; or (b) a second, or international, register of a member state of the European Union. Dredging activities — UK registers (2.21) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by a foreign ship whose owner is a Canadian entity, a British entity or an entity that is under Canadian or British control and that is registered in (a) the first, or domestic, register of the United Kingdom; or (b) the second, or international, register of the United Kingdom, or the Gibraltar register. Feeder services — continual or single trip (2.3) Subsection (1) does not 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