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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 222001, c. 26Canada Shipping Act, 2001 (continued)

Amendments to the Act (continued)

690 The Act is amended by adding the following after section 10:

Marginal note:Interim order — Minister of Transport

  • 10.1 (1) The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.

  • Marginal note:Cessation of effect

    (2) An interim order made under this section has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) the day on which it is repealed;

    • (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force;

    • (c) one year after the interim order is made or any shorter period that may be specified in the interim order, unless the effective period is extended by the Governor in Council; and

    • (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the effective period of the interim order.

  • Marginal note:Extension — Governor in Council

    (3) The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c).

  • Marginal note:Compliance with interim order

    (4) Every person or vessel subject to an interim order shall comply with it.

  • Marginal note:Contravention of unpublished order

    (5) No person or vessel may be found guilty of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or vessels likely to be affected by it.

  • Marginal note:Statutory Instruments Act

    (6) The Statutory Instruments Act does not apply to an interim order. However, the interim order shall be published in the Canada Gazette within 23 days after it is made.

  • Marginal note:Tabling of order

    (7) The Minister of Transport shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. The copy is to be sent to the Clerk of the House if the House is not sitting.

691 Subsection 34(2) of the Act is replaced by the following:

692 The Act is amended by adding the following after section 35:

Marginal note:Regulations — protection of marine environment

  • 35.1 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, including regulations

    • (a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

    • (b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;

    • (c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of the machinery, equipment and supplies of vessels or classes of vessels;

    • (d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment are to meet;

    • (e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

    • (f) specifying the terms and conditions of certificates referred to in paragraph (e);

    • (g) respecting the inspections and testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

    • (h) respecting procedures and practices that are to be followed;

    • (i) respecting the development, maintenance and implementation of a management system that sets out the manner in which marine environment protection measures are to be integrated into day-to-day navigation and shipping operations and the criteria to which that management system is to conform as well as the components that are to be included in the system;

    • (j) respecting compulsory routes and recommended routes;

    • (k) regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and

    • (l) regulating or prohibiting the loading or unloading of a vessel or a class of vessels.

  • Marginal note:Amendment by Minister of Transport

    (2) A regulation made under any of paragraphs (1)(h), (j) and (k) may

    • (a) authorize the Minister of Transport to amend, by order, that regulation; and

    • (b) set out the terms and conditions under which the regulation may be amended by that order.

  • Marginal note:Cessation of effect of order

    (3) An order referred to in subsection (2) has effect from the time that it is made and ceases to have effect on the earliest of

    • (a) the day on which it is repealed; and

    • (b) one year after the order is made or any shorter period that may be specified in the order.

  • Marginal note:Statutory Instruments Act

    (4) The Statutory Instruments Act does not apply to an order referred to in subsection (2).

  • Marginal note:Publication of order

    (5) The Minister of Transport shall publish, on the Department of Transport’s Internet site or by any other means that the Minister of Transport considers appropriate, a notice of every order referred to in subsection (2), as soon as feasible after it is made.

693 The Act is amended by adding the following after section 40:

Marginal note:Contravention of interim order or regulations

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

    • (a) subsection 10.1(4) (compliance with interim order); or

    • (b) a provision of a regulation made under subsection 35.1(1).

  • 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 $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

694 Paragraph 120(1)(g) of the English version of the Act is replaced by the following:

  • (g) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

  • 695 (1) Subsection 130(1) of the Act is replaced by the following:

    Marginal note:Designation — search and rescue mission coordinators

    • 130 (1) The Minister may designate persons as search and rescue mission coordinators to organize search and rescue operations.

  • (2) The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Powers — search and rescue mission coordinators

      (2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may

  • (3) Paragraph 130(2)(a) of the English version of the Act is replaced by the following:

    • (a) direct all vessels within an area that the search and rescue mission coordinator specifies to report their positions;

  • (4) Paragraph 130(2)(c) of the English version of the Act is replaced by the following:

    • (c) give any other directions that the search and rescue mission coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

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