- (a) a corporation that is incorporated in the territory of the United Kingdom, or
- (b) a trust, partnership, joint venture or other association that is formed in the territory of the United Kingdom; ( entité britannique )
- (a) a corporation that is incorporated in Canada, or
- (b) a trust, partnership, joint venture or other association that is formed in Canada; ( entité canadienne )
means a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001 , in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid; ( navire canadien )
means the inland waters within the meaning of section 2 of the Customs Act , the internal waters of Canada and the territorial sea of Canada; ( eaux canadiennes )
- (a) the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada,
- (b) subject to paragraph (c), the carriage of passengers by ship from any place in Canada situated on a lake or river to the same place, or to any other place in Canada, either directly or by way of a place outside Canada,
- (c) the carriage of passengers by ship from any place situated on the St. Lawrence River northeast of the Saint Lambert lock or on the Fraser River west of the Mission Bridge
- (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or
- (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,
- (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or
- (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,
- (i) from any place in Canada to any place above the continental shelf of Canada,
- (ii) from any place above the continental shelf of Canada to any place in Canada, or
- (iii) from any place above the continental shelf of Canada to the same place or to any other place above the continental shelf of Canada
where the carriage of the passengers is in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, and
[Repealed, 1996, c. 31, s. 66]
has the meaning assigned by the definition in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act ; ( ACCCRU )
means a person designated pursuant to section 12 to be an enforcement officer for the purposes of this Act; ( agent de l’autorité )
- (a) a corporation that is incorporated in the territory of the European Union, or
- (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; ( entité de l’Union européenne )
means a ship other than a Canadian ship or a non-duty paid ship; ( navire étranger )
means any call, other than an emergency or technical call, by a ship at any place where passengers go ashore temporarily but who re-board the vessel before the ship leaves that place or are transported by land to another location to re-board the same ship; ( escale de transit )
means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada; ( licence )
, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001 ; ( capitaine )
means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid; ( navire non dédouané )
, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use; ( propriétaire )
has the meaning given to that expression by section 250 of the Income Tax Act ; ( résident du Canada )
has the same meaning as in section 2 of the Canada Shipping Act, 2001 ; ( navire )
means any call, other than an emergency call or an in-transit call, that is for a purpose other than the embarking or disembarking of passengers; ( escale technique )
means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; ( territoire de l’Union européenne )
means a territory referred to in Article 1.3, subparagraph (b) of CETA as incorporated by reference in CUKTCA. ( territoire du Royaume-Uni )
- 1992, c. 31, s. 2
- 1996, c. 10, s. 211, c. 31, ss. 66, 108
- 1998, c. 16, s. 30
- 1999, c. 31, s. 228(F)
- 2001, c. 26, s. 289
- 2005, c. 38, ss. 142, 145
- 2011, c. 15, s. 45
- 2017, c. 6, s. 91
- 2021, c. 1, s. 31
Regulation of Foreign Ships and Non-duty Paid Ships
Marginal note: Prohibition
- 3 (1) No foreign ship or non-duty paid ship shall, except in accordance with a licence, engage in the coasting trade.
- Marginal note: 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.
- (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).
- (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.
- (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.
- (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.
- (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.
- (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 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
- (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either or , that is not incorporated under the law of the United States; or
- (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either or , that is not formed under the law of the United States.
- (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 as defined in subsection 2(1) of the Immigration and Refugee Protection Act , or
- (iii) a national of the United Kingdom; or
- (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either or , that is not incorporated under the law of the United States; or
- (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either or , that is not formed under the law of the United States.
- 1992, c. 31, s. 3
- 1995, c. 5, s. 25
- 2001, c. 26, s. 290
- 2012, c. 19, s. 531
- 2014, c. 29, s. 78
- 2017, c. 6, s. 92
- 2018, c. 10, s. 70
- 2021, c. 1, s. 32
