Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Appointment of tonnage measurers

24. The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels’ tonnage under this Act.

Marginal note:Fees and travel expenses

25. A tonnage measurer may withhold the tonnage certificate in respect of a vessel until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister of Transport may set limits on the fees and travel expenses that may be charged.

Marginal note:Establishment

• 26. (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is hereby established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.

• Marginal note:Members of the Board

  (2) The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.

• Marginal note:Chair

  (3) The Chair is appointed by the Minister of Transport and must be an employee of the Department of Transport who has expertise in marine matters.

• Marginal note:Vice-Chairs

  (4) The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.

• Marginal note:Delegation

  (5) The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.

• Marginal note:Absence or incapacity

  (6) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the National Vice-Chair may exercise all the powers and perform all the duties of the Chair.

Marginal note:Striking panels

• 27. (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

• Marginal note:Constitution

  (2) Each panel consists of the Chair and the persons appointed by the Chair.

• Marginal note:Expertise

  (3) Any person to be appointed to a panel, other than a Vice-Chair, must have expertise in the matter in respect of which the panel is struck.

• Marginal note:Fee and expenses

  (4) Each panellist may be paid

  • (a) an amount fixed by the Minister of Transport for each day or part of a day that the panellist is performing duties under section 28, unless they are employed in the federal public administration; and

  • (b) reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

• Marginal note:Casting vote

  (5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.

• Marginal note:Panel decisions

  (6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.