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

Act current to 2019-11-19 and last amended on 2019-07-30. Previous Versions

PART 1General (continued)

Application (continued)

Marginal note:Application of this Part

 This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters. However

  • (a) regulations made under paragraph 35(1)(d) in respect of pollution also apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada; and

  • (b) subsections 10(2.1) and 35.1(1) also apply in respect of

    • (i) foreign vessels in waters in the exclusive economic zone of Canada, and

    • (ii) pleasure craft that are not Canadian vessels in Canadian waters or in waters in the exclusive economic zone of Canada.

  • 2001, c. 26, s. 8
  • 2018, c. 27, s. 688

Ministerial Responsibility

Marginal note:Role of Minister of Transport

 Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

Powers of Ministers

Marginal note:General

  •  (1) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

    • (a) establish consultative bodies;

    • (b) issue bulletins, guidelines and standards; and

    • (c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act or the regulations and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.

  • Marginal note:Exemption power of Ministers

    (2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facility from the application of any provision of this Act or the regulations, subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

  • Marginal note:Exemption power of Minister of Transport

    (2.1) The Minister of Transport may, with respect to his or her responsibilities under this Act, exempt for a period of not more than three years any person or vessel or class of persons or vessels from the application of any provisions of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of vessels, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection.

  • Marginal note:Publication

    (2.2) The Minister of Transport shall publish, on the Department of Transport’s Internet site or by any other means that the Minister of Transport considers appropriate, a notice of every exemption granted under subsection (2.1), as soon as feasible after it is granted.

  • Marginal note:Exemption

    (3) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is en route through Canadian waters but is not en route to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention — Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.

  • Marginal note:Publication — Canada Gazette

    (4) Notice of every exemption granted under subsection (2), (2.1) or (3) must be published in the Canada Gazette.

  • Marginal note:Authorization

    (5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.

  • 2001, c. 26, s. 10
  • 2003, c. 22, s. 224(E)
  • 2018, c. 27, s. 689

Marginal note:Interim order — Minister of Transport

  •  (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:Cessation of effect

    (2) An interim order made under this section has effect from the time that it is made 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 interim order is made or any shorter period that may be specified in 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 — 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).

  • 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. However, the interim order shall 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.

  • 2018, c. 27, s. 690

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;

    • (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.

  • 2001, c. 26, s. 11
  • 2014, c. 29, s. 59
 
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