Canada Shipping Act, 2001

Marginal note:Regulations — Minister of Transport

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

  • (a) [Repealed, 2001, c. 29, s. 72]

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

  • (c) [Repealed, 2001, c. 29, s. 72]

  • (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, oil handling facilities or hazardous and noxious substances 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 and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (g) respecting fees, charges, costs and expenses to be paid in relation to

    • (i) the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and

    • (ii) the enforcement of any of those Parts or regulations;

  • (h) specifying the services for the purposes of paragraph 36.1(1)(d); and

  • (i) specifying the services to which section 36.1 does not apply or the circumstances in which that section does not apply.

• 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 or vessels 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) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

  • (c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

  • (d) respecting the setting and payment of fees for services provided in the administration of

    • (i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

    • (ii) regulations made under subsection 136(2).