Marginal note:Deletions from Schedule 1 or 2

31. The Governor in Council may, by order, delete an international convention, protocol or resolution from Schedule 1 or 2 or amend Schedule 1 or 2 if the amendment would not, in the opinion of the Governor in Council, result in a material substantive change.

Incorporation by Reference

Marginal note:Externally produced material

• 32. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister who recommended to the Governor in Council that the regulation be made, including by

  • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

  • (b) an industrial or a trade organization; or

  • (c) a government, a government agency or an international body.

• Marginal note:Reproduced or translated material

  (2) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made reproduces or translates from material produced by a person or body other than that Minister

  • (a) with any adaptations of form and reference that will facilitate its incorporation into the regulation; or

  • (b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

• Marginal note:Jointly produced material

  (3) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (4) A regulation made under this Act may incorporate by reference technical or explanatory material that the Minister who recommended to the Governor in Council that the regulation be made produces, such as

  • (a) specifications, classifications, illustrations, graphs and other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (5) Material may be incorporated by reference as amended from time to time.

• Marginal note:Incorporated material is not a regulation

  (6) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

• Marginal note:For greater certainty

  (7) Subsections (1) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Marginal note:Defence

33. For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention,

• (a) the material was reasonably accessible to the person or vessel;

• (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or

• (c) the material had been published in the Canada Gazette.

Orders and Directions

Marginal note:In writing

• 34. (1) If this Act requires or authorizes an order or a direction to be given or made by the Minister of Transport to a person who is not an official of the Department of Transport, the order or direction must be given or made in writing.

• Marginal note:Statutory Instruments Act

  (2) An order or direction referred to in subsection (1) is deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.

Regulations

Marginal note:Regulations — Minister of Transport

• 35. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

  • (a) respecting the appointment of adjudicators, including their qualifications;

  • (b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

  • (c) respecting reviews under subsection 16(6) (notice of refusal to issue or renew) or 20(5) (suspension or cancellation of Canadian maritime documents);

  • (d) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 1, as amended from time to time, including regulations

    • (i) implementing it in respect of persons, vessels or oil handling facilities to which it does not apply,

    • (ii) establishing stricter standards than it sets out, or

    • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

  • (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing or Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport);

  • (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing or Recording), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport); and

  • (g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing or Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts.

• Marginal note:Aircraft

  (2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

• Marginal note:Regulations — Minister of Fisheries and Oceans

  (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

  • (a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations

    • (i) implementing it in respect of persons, vessels or oil handling facilities to which it does not apply,

    • (ii) establishing stricter standards than it sets out, or

    • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

  • (b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft);

  • (c) respecting the form and manner of giving notice under Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft); and

  • (d) respecting the setting and payment of fees for services provided in the administration of Part 5 (Navigation Services), 7 (Wreck), other than section 163, 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft) or the regulations made under any of those Parts.

Fees

Marginal note:Debt due to Her Majesty

• 36. (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Payment of fees

  (2) If a fee is imposed under paragraph 35(1)(g) or (3)(d)

  • (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee and any interest payable on it;

  • (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally or solidarily liable for payment of the fee and any interest payable on it; and

  • (c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally or solidarily liable for payment of the fee and any interest payable on it.

• Marginal note:Seizure and detention for charges

  (3) If the amount of a fee, or of interest due on it, owed by an authorized representative of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

• Marginal note:Release on security

  (4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.

Offences and Punishment

Marginal note:Contravention of section 23

37. Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of regulations made under paragraph 35(1)(d) or (3)(a)

• 38. (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Exception

  (2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.

Marginal note:Contravention of Act

• 39. (1) Every person commits an offence who contravenes

  • (a) subsection 17(2) (improper possession of a Canadian maritime document); or

  • (b) subsection 28(7) (inform Chair without delay).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Contravention of Act or regulations

• 40. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) subsection 16(3) (cheating on an exam);

  • (b) section 18 (failure to produce Canadian maritime document);

  • (c) subsection 20(7) (failure to return suspended or cancelled Canadian maritime document); and

  • (d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b).

• Marginal note:Punishment

  (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

PART 2REGISTRATION, LISTING AND RECORDING

Interpretation

Definition of “Minister”

41. In this Part, “Minister” means the Minister of Transport.

Canadian Register of Vessels and Registrars

Marginal note:Appointment of Chief Registrar

42. An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.

Marginal note:Duties and powers of Chief Registrar

• 43. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.

• Marginal note:Records

  (2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel, including its description, its official number, the name and address of its owner and, except in the case of a vessel registered in the small vessel register, details of all mortgages registered in respect of it.

Marginal note:Registrars

• 44. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

• Marginal note:Duties of registrars

  (2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.

Marginal note:Immunity

45. The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.

Registration, Listing and Recording

Marginal note:Mandatory registration of vessels

• 46. (1) A vessel must be registered under this Part if it

  • (a) is not a pleasure craft;

  • (b) is wholly owned by qualified persons; and

  • (c) is not registered, listed or otherwise recorded in a foreign state.

• Marginal note:Obligation of owner

  (2) Every owner of a vessel described in subsection (1) shall ensure that it is registered under this Part.

• Marginal note:Mandatory registration — government vessels

  (3) Every government vessel must be registered under this Part.

Marginal note:Optional registration

47. Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:

• (a) a pleasure craft that is wholly owned by qualified persons;

• (b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,

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

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

  • (iii) a ship management company incorporated under the laws of Canada or a province; and

• (c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

Marginal note:Bare-boat chartered vessels

48. A vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.

Marginal note:Vessels under construction

49. A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.

Marginal note:Vessels built outside Canada

50. Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.

Application

Marginal note:Application

• 51. (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

• Marginal note:Further evidence

  (2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.

Names of Vessels

Marginal note:Before registration or listing

• 52. (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed.

• Marginal note:Approval of names

  (2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel.

• Marginal note:Disallowance of names

  (3) The Chief Registrar must disallow a name if

  • (a) it is the same as the name of a Canadian vessel;

  • (b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal;

  • (c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or

  • (d) its use is prohibited under an Act of Parliament.

• Marginal note:Requiring renaming

  (4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.