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

Act current to 2012-05-02 and last amended on 2012-01-01. Previous Versions

Inspections by Marine Safety Inspectors and Others

Marginal note:Appointment of marine safety inspectors
  •  (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

  • Marginal note:Authorizations

    (2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:

    • (a) inspections of hulls;

    • (b) inspections of machinery;

    • (c) inspections of equipment;

    • (d) inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and

    • (e) inspections of cargo.

  • Marginal note:Certificate

    (3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.

  • Marginal note:Duties and powers

    (4) A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector’s certificate of designation.

  • Marginal note:Immunity

    (5) Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Authorizing others to inspect
  •  (1) The Minister of Transport may authorize any person, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, classification society or other organization is qualified to issue the document or carry out the inspection.

  • Marginal note:Certificate of authorization

    (2) The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4).

  • Marginal note:Inspection records

    (3) A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister.

  • Marginal note:Delivery of report

    (4) A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector.

  • Marginal note:Immunity

    (5) The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act.