PART 1General (continued)
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
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
Marginal note:Statutory Instruments Act
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.
- 2018, c. 27, s. 692
Marginal note:Debt due to Her Majesty
36 (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Marginal note:Payment of fees
(2) If a fee 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 and any interest payable on it;
(b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally or solidarily liable for payment of the fee 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 and any interest payable on it.
Marginal note:Seizure and detention for charges
(3) If the amount of a fee, or of interest due on it, owed by an authorized representative 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.
- 2001, c. 26, s. 36
- 2012, c. 31, s. 160(F)
Marginal note:Agreement — cost recovery
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.
(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.
(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.
- 2017, c. 20, s. 316
Marginal note:Services provided by third parties
36.1 (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:
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
37 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.
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