Canada Shipping Act, 2001

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: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  • (a) the day on which it is repealed;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• Marginal note:Contravention of unpublished order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.