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

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.

Marginal note:Services provided by third parties

• 36.1 (1) Unless otherwise provided in the regulations, any person or organization that provides, in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c), any of the following services may, if that person or organization is not part of the federal public administration, 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;

  • (c) the conduct or witnessing of tests; and

  • (d) services specified in the regulations.

• Marginal note:Not public money

  (2) Unless otherwise provided in the regulations, 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.

• Marginal note:Non-application of certain regulations

  (3) Unless otherwise provided in the regulations, the regulations made under paragraph 35(1)(g) do not apply in respect of any service referred to in any of paragraphs (1)(a) to (d) that is provided by any person or organization that is not part of the federal public administration in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c).