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

Orders and Directions

Marginal note:In writing

• 34 (1) If this Act requires or authorizes an order or a direction to be given or made by the Minister of Transport to a person who is not an official of the Department of Transport, the order or direction must be given or made in writing.

• Marginal note:Statutory Instruments Act

  (2) An order or direction referred to in subsection (1) is not a statutory instrument as defined in the Statutory Instruments Act.

Regulations

Marginal note:Regulations — Minister of Transport

• 35 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

  • (a) [Repealed, 2001, c. 29, s. 72]

  • (b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

  • (c) [Repealed, 2001, c. 29, s. 72]

  • (d) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 1, as amended from time to time, including regulations

    • (i) implementing it in respect of persons, vessels, oil handling facilities or hazardous and noxious substances handling facilities to which it does not apply,

    • (ii) establishing stricter standards than it sets out, or

    • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

  • (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (g) respecting fees, charges, costs and expenses to be paid in relation to

    • (i) the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and

    • (ii) the enforcement of any of those Parts or regulations;

  • (h) specifying the services for the purposes of paragraph 36.1(1)(d); and

  • (i) specifying the services to which section 36.1 does not apply or the circumstances in which that section does not apply.

• Marginal note:Aircraft

  (2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

• Marginal note:Regulations — Minister of Fisheries and Oceans

  (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

  • (a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations

    • (i) implementing it in respect of persons or vessels to which it does not apply,

    • (ii) establishing stricter standards than it sets out, or

    • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

  • (b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

  • (c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

  • (d) respecting the setting and payment of fees for services provided in the administration of

    • (i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

    • (ii) regulations made under subsection 136(2).

Marginal note:Regulations — protection of marine environment

• 35.1 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, including regulations

  • (a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

  • (b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;

  • (c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of the machinery, equipment and supplies of vessels or classes of vessels;

  • (d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment are to meet;

  • (e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

  • (f) specifying the terms and conditions of certificates referred to in paragraph (e);

  • (g) respecting the inspections and testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

  • (h) respecting procedures and practices that are to be followed;

  • (i) respecting the development, maintenance and implementation of a management system that sets out the manner in which marine environment protection measures are to be integrated into day-to-day navigation and shipping operations and the criteria to which that management system is to conform as well as the components that are to be included in the system;

  • (j) respecting compulsory routes and recommended routes;

  • (k) regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and

  • (l) regulating or prohibiting the loading or unloading of a vessel or a class of vessels.

• Marginal note:Amendment by Minister of Transport

  (2) A regulation made under any of paragraphs (1)(h), (j) and (k) may

  • (a) authorize the Minister of Transport to amend, by order, that regulation; and

  • (b) set out the terms and conditions under which the regulation may be amended by that order.

• Marginal note:Cessation of effect of order

  (3) An order referred to in subsection (2) has effect from the time that it is made and ceases to have effect on the earliest of

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

  • (b) one year after the order is made or any shorter period that may be specified in the order.

• Marginal note:Statutory Instruments Act

  (4) The Statutory Instruments Act does not apply to an order referred to in subsection (2).

• Marginal note:Publication of order

  (5) 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 order referred to in subsection (2), as soon as feasible after it is made.

Fees, Charges, Costs and Expenses

Marginal note:Debt due to His Majesty

• 36 (1) All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Payment

  (2) If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d)

  • (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it;

  • (b) in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and

  • (c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it.

• Marginal note:Seizure

  (3) If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

• Marginal note:Release on security

  (4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.

Marginal note:Agreement — cost recovery

• 36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee, charge, cost or expense.

• Marginal note:Regulations — exemption

  (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 35(1)(g) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

• Marginal note:Recovery

  (3) When the Minister of Transport enters into an undertaking in respect of a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

• Marginal note:Debt due to Her Majesty

  (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

• Marginal note:Spending

  (5) The Minister of Transport may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.