Canada Shipping Act, 2001 (S.C. 2001, c. 26)
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Act current to 2024-10-30 and last amended on 2023-06-22. Previous Versions
RELATED PROVISIONS
— 2012, c. 31, s. 162
Setting of fees — Canada Shipping Act, 2001
162 (1) A classification society that provides, during the period beginning on July 1, 2007 and ending on the day before the day on which this Act receives royal assent, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act, 2001 in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c) of that Act may set the fees to be paid to it for those services:
(a) services related to a Canadian maritime document;
(b) services related to any approvals or certifications; and
(c) the conduct or witnessing of tests.
Not public money
(2) The fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and the User Fees Act does not apply in respect of them.
Non-application of certain regulations
(3) The regulations made under paragraph 35(1)(g) of the Canada Shipping Act, 2001 do not apply in respect of any service referred to in any of paragraphs (1)(a) to (c) that is provided, during the period beginning on July 1, 2007 and ending on the day before the day on which this Act receives royal assent, by a classification society in the exercise of powers or the performance of duties under that Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c) of that Act.
— 2012, c. 31, s. 163
Setting of fees — Canada Shipping Act
163 (1) A classification society that provides, during the period beginning on January 1, 1999 and ending on June 30, 2007, any of the following services in the exercise of powers or the performance of duties under the Canada Shipping Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 8(1)(c) of that Act may set the fees to be paid to it for those services:
(a) services related to an inspection certificate;
(b) services related to any approvals or certifications; and
(c) the conduct or witnessing of tests.
Not public money
(2) The fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and are not subject to subsection 408(2) of the Canada Shipping Act.
User Fees Act
(3) The User Fees Act does not apply in respect of the fees referred to in subsection (1).
— 2012, c. 31, s. 164
Non-application of certain regulations
164 The regulations made under paragraph 231(1)(d), subsections 408(1) or (4) or paragraphs 657(1)(l) or (m) of the Canada Shipping Act do not apply in respect of any service referred to in any of paragraphs 163(1)(a) to (c) that is provided, during the period beginning on January 1, 1999 and ending on June 30, 2007, by a classification society in the exercise of powers or the performance of duties under that Act.
— 2018, c. 27, s. 711
Deemed violation
711 (1) A contravention of subsection 10.1(4) of the Canada Shipping Act, 2001 (in this section referred to as “the Act”), as enacted by section 690 of this Act, is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act.
Range of penalties
(2) The range of penalties in respect of a violation referred to in subsection (1) is $250 to $250,000.
Continued violation
(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.
Repeal
(4) This section is repealed on the day on which a regulation under section 244 of the Act that designates a contravention of subsection 10.1(4) of the Act, as enacted by section 690 of this Act, as a violation for the purposes of section 228 of the Act comes into force.
— 2023, c. 26, s. 424
Definition of Act
424 (1) In this section and sections 425 and 426, Act means the Canada Shipping Act, 2001.
Words and expressions
(2) Words and expressions used in sections 425 and 426 have the same meaning as in the Act.
— 2023, c. 26, s. 425
Information with respect to authorized representative
425 (1) If, during the period beginning on the day on which this section comes into force and ending on the day on which an application for the renewal of a vessel’s certificate of registry is made for the first time after that day, the owner enters into an arrangement referred to in paragraph 14(2)(a) of the Act, the authorized representative must, despite subsection 58(1) of the Act, notify the Chief Registrar of their name and address no later than the day on which that application is made.
Contravention
(2) Every person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $25,000.
— 2023, c. 26, s. 426
Definition of transition period
426 (1) In this section, transition period means the period beginning on the day on which this section comes into force and ending on the day on which a regulation made under section 244 of the Act that designates a contravention of any of the provisions of the Act or regulations or directions referred to in subsection (2) as a violation for the purposes of section 228 of the Act comes into force.
Deemed violation
(2) During the transition period, a contravention of any of the following is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act:
(a) a direction given under subsection 111(1), (2) or (3) of the Act;
(b) a direction given under subsection 114(1) or (2) of the Act;
(c) a provision of the regulations made under subsection 136(1) of the Act;
(d) paragraph 186.1(1)(a), (b), (c) or (d) or (2)(a) or (b), section 186.2 or subsection 186.3(1) or (2) of the Act;
(e) a direction given under paragraph 189(1)(a), (a.1), (b), (c) or (d) of the Act;
(f) a direction given under subsection 189(2) of the Act;
(g) subsection 197(1) or (2) or 198(2) of the Act; and
(h) a direction given under subsection 211(3.1) of the Act.
Range of penalties
(3) The range of penalties in respect of a violation referred to in subsection (2) is $250 to $250,000.
Continued violation
(4) A violation referred to in subsection (2) constitutes a separate violation for each day on which it is continued.
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