Lloyd's Maritime and Commercial Law Quarterly
Canadian maritime legislation and decisions 1999–2001
William Tetley, Q.C. *
LEGISLATION
A number of important Bills of a maritime law nature were introduced in Canada’s Parliament in 1999 and 2000, but died on the order paper when the writs were issued for the federal general election of 27 November 2000. Most of these Bills have been reintroduced, in the current parliamentary session, which began on 30 January 2001.
A. Canada Shipping Act 2001
The proposed Canada Shipping Act 20011
comprises the second phase (“Track II”) of a complete revision of the Canada Shipping Act.2
The first phase (“Track I”) was completed in 19983
and dealt with general matters, including the objectives and interpretation of the Act and responsibility for its administration (divided between the Department of Transport and the Department of Fisheries and Oceans) (Part 1), as well as with ship ownership, registration and mortgages (Part 2).
The new Bill (“Track II”) is a complete re-write of the Canada Shipping Act, containing provisions on a vast array of subjects: General (Part 1); Registration, Listing and Recording (Part 2); Personnel (Part 3); Safety (Part 4); Navigation Services (Part 5); Incidents, Accidents and Casualties (Part 6); Wreck (Part 7); Pollution Prevention and Fisheries and Oceans (Part 8); Pollution Prevention—Department of Transport (Part 9); Pleasure Craft (Part 10); Enforcement—Department of Transport (Part 11); and Miscellaneous (Part 12). Pilotage is also addressed. In addition, Part 15 of the Canada Shipping Act 2001 amends the Shipping Conferences Exemption Act 19874
in an effort to stimulate competition within shipping conferences and harmonize Canada’s legislation on international liner shipping conferences with that of Canada’s major trading partners.
* Professor of Law, McGill University and counsel to Langlois Gaudreau O’Connor, Montreal. The author is indebted to Robert C.Wilkins, B.A., B.C.L. and to Mark A.M.Gauthier, Senior Counsel, Transport Legal Services, Department of Justice of Canada, for their assistance in the preparation and correction of the text.
1. Bill C–14 (the formal title of which is An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act 1987 and other Acts) replaces Bill C–35, the proposed Canada Shipping Act 2000, which was the object of extensive consultations with the Canadian marine community but was never enacted and died with the calling of the federal election of 27 November 2000. Following third reading in the House of Commons, Bill C–14 passed first and second readings in the Senate and was referred to the Senate Committee on Transport and Communications on 30 May 2001.
2. R.S.C. 1985, c. S–9.
3. The Act to Amend the Canada Shipping Act and to make consequential amendments to other Acts, S.C. 1998, c. 16, assented to on 11 June 1998. See [2000] LMCLQ 254.
4. R.S.C. 1985 (3rd Supp.), c. 17, assented to 30 June 1987.
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