SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Canada Shipping Act, 2001.

INTERPRETATION

Marginal note:Definitions

2. The definitions in this section apply in this Act.

“adjudicator”

« arbitre »

“adjudicator” means a person appointed under subsection 15(1).

“authorized representative”

« représentant autorisé »

“authorized representative” means, in respect of a Canadian vessel, the person referred to in subsection 14(1) and, in respect of a foreign vessel, the master.

“bare-boat charter”

« affrètement coque nue »

“bare-boat charter” means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew.

“Canadian maritime document”

« document maritime canadien »

“Canadian maritime document” means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part.

“Canadian vessel”

« bâtiment canadien »

“Canadian vessel” means a vessel registered or listed under Part 2 (Registration, Listing and Recording).

“foreign vessel”

« bâtiment étranger »

“foreign vessel” means a vessel that is not a Canadian vessel or a pleasure craft.

“government vessel”

« bâtiment d’État »

“government vessel” means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right.

“gross tonnage”

« jauge brute »

“gross tonnage” means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h).

“master”

« capitaine »

“master” means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act.

“oil handling facility”

« installation de manutention d’hydrocarbures »

“oil handling facility” means a facility, including an oil terminal, that is used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.

“passenger”

« passager »

“passenger” means a person carried on a vessel by the owner or operator, other than

• (a) a person carried on a Safety Convention vessel who is

  • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

  • (ii) under one year of age;

• (b) a person carried on a vessel that is not a Safety Convention vessel who is

  • (i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

  • (ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

• (c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

• (d) a person of a prescribed class.

“pleasure craft”

« embarcation de plaisance »

“pleasure craft” means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.

“prescribed”

Version anglaise seulement

“prescribed” means prescribed by regulations made by the Governor in Council.

“qualified person”

« personne qualifiée »

“qualified person” means

• (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act; or

• (b) a corporation incorporated under the laws of Canada or a province.

“Register”

« Registre »

“Register” means the Canadian Register of Vessels established under section 43.

“Safety Convention vessel”

« bâtiment assujetti à la Convention sur la sécurité »

“Safety Convention vessel” means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies.

“vessel”

« bâtiment »

“vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class.

“wages”

« gages »

“wages” includes emoluments.

Marginal note:Descriptive cross-references

3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

Marginal note:Regulations

4. The Governor in Council may

• (a) on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, make regulations prescribing classes of vessels for the purpose of the definition “pleasure craft” in section 2; and

• (b) on the recommendation of the Minister of Transport, make regulations prescribing anything else that may be prescribed under section 2.

PART 1GENERAL

Her Majesty

Marginal note:Binding on Her Majesty

5. Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.

Objectives

Marginal note:Objectives of Act

6. The objectives of this Act are to

• (a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

• (b) promote safety in marine transportation and recreational boating;

• (c) protect the marine environment from damage due to navigation and shipping activities;

• (d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

• (e) promote an efficient marine transportation system;

• (f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

• (g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

• (h) encourage the harmonization of marine practices; and

• (i) establish an effective inspection and enforcement program.

Application

Marginal note:Exclusion

• 7. (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.

• Marginal note:Conflicts with foreign rules

  (3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.

Marginal note:Application of this Part

8. This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters, but regulations made under paragraph 35(1)(d) in respect of pollution apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada.

Ministerial Responsibility

Marginal note:Role of Minister of Transport

9. Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

Powers of Ministers

Marginal note:General

• 10. (1) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

  • (a) establish consultative bodies;

  • (b) issue bulletins, guidelines and standards; and

  • (c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act or the regulations and authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

• Marginal note:Exemption power of Ministers

  (2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facility from the application of any provision of this Act or the regulations, subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

• Marginal note:Exemption

  (3) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is en route through Canadian waters but is not en route to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention — Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.

• Marginal note:Publication

  (4) Notice of every exemption granted under subsection (2) or (3) must be published in the Canada Gazette.

• Marginal note:Authorization

  (5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the public service of Canada or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.

Inspections by Marine Safety Inspectors and Others

Marginal note:Appointment of marine safety inspectors

• 11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

• Marginal note:Authorizations

  (2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:

  • (a) inspections of hulls;

  • (b) inspections of machinery;

  • (c) inspections of equipment;

  • (d) inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and

  • (e) inspections of cargo.

• Marginal note:Certificate

  (3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.

• Marginal note:Duties and powers

  (4) A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector’s certificate of designation.

• Marginal note:Immunity

  (5) Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Authorizing others to inspect

• 12. (1) The Minister of Transport may authorize any person, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, classification society or other organization is qualified to issue the document or carry out the inspection.

• Marginal note:Certificate of authorization

  (2) The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4).

• Marginal note:Inspection records

  (3) A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister.

• Marginal note:Delivery of report

  (4) A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector.

• Marginal note:Immunity

  (5) The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Audit

13. The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.

Authorized Representative

Marginal note:Authorized representative

• 14. (1) Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person.

• Marginal note:Authorized representative

  (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is the owner of the vessel or, in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer.

• Marginal note:Representative if more than one owner

  (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.

• Marginal note:Representative of foreign corporation

  (4) In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be

  • (a) a subsidiary of the corporation incorporated under the laws of Canada or a province;

  • (b) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or

  • (c) a ship management company incorporated under the laws of Canada or a province.

• Marginal note:Acts or omissions of authorized representative binding

  (5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1).