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

Marginal note:Interim order — Minister of Transport

• 10.1 (1) The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.

• Marginal note:Authorization to make interim order

  (1.1) The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister.

• Marginal note:Cessation of effect

  (2) An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of

  • (a) the day on which it is repealed;

  • (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force;

  • (c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council;

  • (c.1) the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and

  • (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the effective period of the interim order.

• Marginal note:Extension — Minister of Transport

  (2.1) If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date.

• Marginal note:Extension — Governor in Council

  (3) The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c) or after the day referred to in paragraph (2)(c.1).

• Marginal note:Compliance with interim order

  (4) Every person or vessel subject to an interim order shall comply with it.

• Marginal note:Contravention of unpublished order

  (5) No person or vessel may be found guilty of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or vessels likely to be affected by it.

• Marginal note:Statutory Instruments Act

  (6) The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made.

• Marginal note:Tabling of order

  (7) The Minister of Transport shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. The copy is to be sent to the Clerk of the House if the House is not sitting.

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]