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

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

Marginal note:Services provided by third parties
  •  (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 Service 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).

  • 2012, c. 31, s. 161;
  • 2017, c. 20, s. 454.

Offences and Punishment

Marginal note:Contravention of section 23

 Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of regulations made under paragraph 35(1)(d) or (3)(a)
  •  (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

  • Marginal note:Exception

    (2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.

Marginal note:Contravention of Act
  •  (1) Every person commits an offence who contravenes

    • (a) subsection 17(2) (improper possession of a Canadian maritime document); or

    • (b) subsection 28(7) (inform Chair without delay).

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Contravention of Act or regulations
  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) subsection 16(3) (cheating on an exam);

    • (b) section 18 (failure to produce Canadian maritime document);

    • (c) subsection 20(7) (failure to return suspended or cancelled Canadian maritime document); and

    • (d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b).

  • Marginal note:Punishment

    (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

PART 2Registration, Listing and Recording

Interpretation

Definition of Minister

 In this Part, Minister means the Minister of Transport.

Canadian Register of Vessels and Registrars

Marginal note:Appointment of Chief Registrar

 An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.

Marginal note:Duties and powers of Chief Registrar
  •  (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.

  • Marginal note:Records

    (2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel or a fleet that is registered under this Part, including its description, its official number, the name and address of its owner and, in the case of a vessel that is not registered in the small vessel register, details of all mortgages registered in respect of it.

  • 2001, c. 26, s. 43;
  • 2011, c. 15, s. 38.
Marginal note:Registrars
  •  (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

  • Marginal note:Duties of registrars

    (2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.

Marginal note:Immunity

 The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.

Registration, Listing and Recording

Marginal note:Mandatory registration of vessels
  •  (1) Unless it is exempted under the regulations, a vessel must be registered under this Part if it

    • (a) is not a pleasure craft;

    • (b) is wholly owned by qualified persons; and

    • (c) is not registered, listed or otherwise recorded in a foreign state.

  • Marginal note:Owner’s obligation

    (2) Every owner of a vessel that is required by subsection (1) to be registered under this Part shall ensure that it is so registered.

  • Marginal note:Mandatory registration — government vessels

    (3) Every government vessel must be registered under this Part.

  • 2001, c. 26, s. 46;
  • 2011, c. 15, s. 39.
Marginal note:Optional registration

 Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:

  • (a) a pleasure craft that is wholly owned by qualified persons;

  • (a.1) a vessel that is exempted under the regulations from the registration requirement in subsection 46(1) and that is wholly owned by qualified persons;

  • (b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,

    • (i) a subsidiary of the corporation incorporated under the laws of Canada or a province,

    • (ii) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or

    • (iii) a ship management company incorporated under the laws of Canada or a province; and

  • (c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

  • 2001, c. 26, s. 47;
  • 2011, c. 15, s. 40.
 
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