Canada Shipping Act, 2001

Marginal note:Externally produced material

• 32 (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister who recommended to the Governor in Council that the regulation be made, including by

  • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

  • (b) an industrial or a trade organization; or

  • (c) a government, a government agency or an international body.

• Marginal note:Reproduced or translated material

  (2) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made reproduces or translates from material produced by a person or body other than that Minister

  • (a) with any adaptations of form and reference that will facilitate its incorporation into the regulation; or

  • (b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

• Marginal note:Jointly produced material

  (3) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (4) A regulation made under this Act may incorporate by reference technical or explanatory material that the Minister who recommended to the Governor in Council that the regulation be made produces, such as

  • (a) specifications, classifications, illustrations, graphs and other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (5) Material may be incorporated by reference as amended from time to time.

• Marginal note:Incorporated material is not a regulation

  (6) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

• Marginal note:For greater certainty

  (7) Subsections (1) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.