Canada Shipping Act, 2001 (S.C. 2001, c. 26)
Full Document:
Assented to 2001-11-01
International Conventions, Protocols and Resolutions
Marginal note:Schedule 1
29. (1) Schedule 1 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada by regulation.
Marginal note:Schedule 2
(2) Schedule 2 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Fisheries and Oceans has determined should be brought into force, in whole or in part, in Canada by regulation.
Marginal note:Codes and guidelines
(3) A convention or protocol includes any code or guideline that is attached to it.
Marginal note:Additions to Schedule 1 or 2
30. (1) The Governor in Council may, by order, add international conventions, protocols and resolutions described in subsection 29(1) to Schedule 1 or described in subsection 29(2) to Schedule 2.
Marginal note:Order to be tabled and referred
(2) The Minister of Transport is to cause a copy of each order related to Schedule 1 and the Minister of Fisheries and Oceans is to cause a copy of each order related to Schedule 2, together with a description of the objectives of the convention, protocol or resolution, to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the order is made. The order stands referred to the appropriate standing committee of each House.
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.
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