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

Tonnage Measurers

Marginal note:Appointment of tonnage measurers

24 The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels’ tonnage under this Act.

Marginal note:Fees and travel expenses

25 A tonnage measurer may withhold the tonnage certificate in respect of a vessel until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister of Transport may set limits on the fees and travel expenses that may be charged.

Marine Technical Review Board

Marginal note:Establishment

• 26 (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than a requirement with respect to fees, charges, costs or expenses.

• Marginal note:Members of the Board

  (2) The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.

• Marginal note:Chair

  (3) The Chair is appointed by the Minister of Transport and must be an employee of the Department of Transport who has expertise in marine matters.

• Marginal note:Vice-Chairs

  (4) The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.

• Marginal note:Delegation

  (5) The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.

• Marginal note:Absence or incapacity

  (6) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the National Vice-Chair may exercise all the powers and perform all the duties of the Chair.

Marginal note:Striking panels

• 27 (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

• Marginal note:Constitution

  (2) Each panel consists of the Chair and the persons appointed by the Chair.

• Marginal note:Expertise

  (3) Any person to be appointed to a panel, other than a Vice-Chair, must have expertise in the matter in respect of which the panel is struck.

• Marginal note:Fee and expenses

  (4) Each panellist may be paid

  • (a) an amount fixed by the Minister of Transport for each day or part of a day that the panellist is performing duties under section 28, unless they are employed in the federal public administration; and

  • (b) reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

• Marginal note:Casting vote

  (5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.

• Marginal note:Panel decisions

  (6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.

Marginal note:Application

• 28 (1) Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement.

• Marginal note:Form and manner

  (2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

• Marginal note:Further evidence

  (3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.

• Marginal note:Grant of application

  (4) If the panel struck to decide the application is satisfied that the exemption or replacement is in the public interest and would not jeopardize marine safety or the marine environment and, in the case of an application to replace a requirement with respect to safety, the replacement would result in an equivalent or greater level of safety, the panel is to issue a decision granting the application, subject to any conditions and for the period that the panel considers appropriate.

• Marginal note:Applicant to be notified

  (5) The Chair is to notify the applicant of the decision to grant or deny the application.

• Marginal note:Publication

  (6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

• Marginal note:Duty to inform

  (7) If a person has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the person shall inform the Chair without delay.

• Marginal note:Decisions based on false or misleading information

  (8) If the Chair has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.

• Marginal note:Contravention

  (9) A contravention of a requirement that is substituted for another requirement as a result of a panel decision under subsection (4) is deemed to be a contravention of the original requirement.

• Marginal note:Rules

  (10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

• Marginal note:Annual report

  (11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board’s operations in that year.

International Conventions, Protocols and Resolutions

Marginal note:Schedule 1

• 29 (1) Schedule 1 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada by regulation.

• Marginal note:Schedule 2

  (2) Schedule 2 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Fisheries and Oceans has determined should be brought into force, in whole or in part, in Canada by regulation.

• Marginal note:Codes and guidelines

  (3) A convention or protocol includes any code or guideline that is attached to it.

Marginal note:Additions to Schedule 1 or 2

• 30 (1) The Governor in Council may, by order, add international conventions, protocols and resolutions described in subsection 29(1) to Schedule 1 or described in subsection 29(2) to Schedule 2.

• Marginal note:Order to be tabled and referred

  (2) The Minister of Transport is to cause a copy of each order related to Schedule 1 and the Minister of Fisheries and Oceans is to cause a copy of each order related to Schedule 2, together with a description of the objectives of the convention, protocol or resolution, to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the order is made. The order stands referred to the appropriate standing committee of each House.

Marginal note:Deletions from Schedule 1 or 2

31 The Governor in Council may, by order, delete an international convention, protocol or resolution from Schedule 1 or 2 or amend Schedule 1 or 2 if the amendment would not, in the opinion of the Governor in Council, result in a material substantive change.

Incorporation by Reference

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:Material produced by Minister of Transport

  (4.01) A regulation made under paragraph 35.1(1)(k), 120(1)(f) or (k), 136(1)(a), (f) or (g) or 190(1)(a) may incorporate by reference material that the Minister of Transport produces.

• Marginal note:Variations of externally produced material

  (4.1) A regulation made under this Act on the recommendation of the Minister of Transport or on the joint recommendation of that Minister and the Minister of Natural Resources may incorporate by reference material produced by the Minister of Transport that varies material incorporated by reference under subsection (1).

• Marginal note:Scope of incorporation

  (5) Material referred to in subsections (1) to (4.01) may be incorporated by reference as amended from time to time or as it exists on a particular date. Material referred to in subsection (4.1) that is to be incorporated by reference must be incorporated as it exists on a particular date.

• 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.

Marginal note:Defence

33 For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention,

• (a) the material was reasonably accessible to the person or vessel;

• (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or

• (c) the material had been published in the Canada Gazette.