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An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)

Assented to 2005-05-19

42. The Act is amended by adding the following after section 281:

Marginal note:Proceedings against ships

  • 281.1 (1) Subject to subsection (2), the provisions of this Act or the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to ships, with any modifications that the circumstances require.

  • Marginal note:Service on ship and appearance at trial

    (2) If a ship is charged with having committed an offence under this Act or the regulations, the summons may be served by leaving it with the owner, master or any officer of the ship or by posting the summons on some conspicuous part of the ship, and the ship may appear by counsel or representative. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

COORDINATING AMENDMENTS

Marginal note:1994, c. 22

43. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and subsection 1(2) of this Act, the definition “Canadian vessel” in subsection 2(1) of the Migratory Birds Convention Act, 1994 is replaced by the following:

“Canadian vessel”

« bâtiment canadien »

“Canadian vessel” means a vessel

  • (a) that is registered, listed or licensed under the Canada Shipping Act, 2001,

  • (b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

    • (i) a Canadian citizen,

    • (ii) in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or

    • (iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada, or

  • (c) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada;

Marginal note:1994, c. 22

44. On the later of the coming into force of section 1.1 of the Pilotage Act, as enacted by section 316 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and subsection 1(2) of this Act, the definition “master” in subsection 2(1) of the Migratory Birds Convention Act, 1994 is replaced by the following:

“master”

« capitaine »

“master” includes every person who has command or charge of a vessel but excludes a licensed pilot within the meaning of section 1.1 of the Pilotage Act;