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

Inspections by Marine Safety Inspectors and Others

Marginal note:Appointment of marine safety inspectors

• 11 (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;

  • (c.1) inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans);

  • (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

• 12 (1) The Minister of Transport may authorize any person, class of persons, 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, class of persons, 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.

Marginal note:Audit

13 The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.

Authorized Representative

Marginal note:Authorized representative

• 14 (1) Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person.

• Marginal note:Qualified person, bare-boat charterer or owner

  (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is

  • (a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;

  • (b) in the case of a vessel described in section 48, the bare-boat charterer; or

  • (c) in any other case, the owner of the vessel.

• Marginal note:Representative if more than one owner

  (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person.

• Marginal note:Representative of foreign corporation

  (4) In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be

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

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

  • (c) a ship management company incorporated under the laws of Canada or a province.

• Marginal note:Acts or omissions of authorized representative binding

  (5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1).

15 [Repealed, 2001, c. 29, s. 72]

Canadian Maritime Documents

Marginal note:Application

• 16 (1) An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport.

• Marginal note:Further evidence

  (2) In addition to the specified information or documents, the Minister of Transport may

  • (a) require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met;

  • (b) if the Canadian maritime document is in respect of a person,

    • (i) set an examination that the person must undergo, and

    • (ii) administer the examination; and

  • (c) if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met.

• Marginal note:Cheating

  (3) No person shall cheat on an examination referred to in paragraph (2)(b).

• Marginal note:Refusal to issue

  (4) The Minister of Transport may refuse to issue a Canadian maritime document if

  • (a) the applicant has not met the requirements for the issuance of the document;

  • (b) the applicant has acted fraudulently or improperly or has misrepresented a material fact;

  • (c) the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it;

  • (d) the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or

  • (e) in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,

    • (i) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

    • (ii) the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).

• Marginal note:Notice after refusal to issue

  (5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

  • (a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

  • (b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

• (6) [Repealed, 2001, c. 29, s. 72]

Marginal note:Request for review

• 16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

  • (a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

  • (b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

• Marginal note:Time and place for review

  (2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

• Marginal note:Review procedure

  (3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

• Marginal note:Person not compelled to testify

  (4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

• Marginal note:Determination

  (5) The member may

  • (a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or

  • (b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

Marginal note:Period of validity

• 17 (1) Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

• Marginal note:Possession

  (2) Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

Marginal note:Production of document

18 Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

Marginal note:Lost documents

19 If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.

Marginal note:Suspension, cancellation and refusal to renew

• 20 (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

  • (a) the requirements for the issuance of the document are no longer met;

  • (b) a term or condition attached to the document has been contravened;

  • (c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

  • (d) the holder of the document has not paid a fine or penalty imposed on them under this Act;

  • (e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;

  • (f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,

    • (i) the master or crew member is incompetent or has committed an act of misconduct,

    • (ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

    • (iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or

  • (g) in the case of a refusal to renew,

    • (i) the applicant has not paid a fee for services related to the document, or

    • (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

• Marginal note:Return of document

  (2) If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.

Marginal note:Notice before suspension or cancellation

20.1 The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation. The notice must

• (a) provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and

• (b) indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

Marginal note:Exception

• 20.2 (1) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

• Marginal note:Decision within 24 hours

  (2) An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

• Marginal note:Appeal

  (3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

• Marginal note:Decision within 48 hours

  (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.