Canada Shipping Act, 2001

This Act may be cited as the Canada Shipping Act, 2001.

The definitions in this section apply in this Act.

adjudicator[Repealed, 2001, c. 29, s. 72]

authorized representative means

in respect of a Canadian vessel, the person referred to in subsection 14(1);

in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and

in respect of a foreign vessel, the master. (représentant autorisé)

bare-boat charter means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew. (affrètement coque nue)

Canadian maritime document means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part. (document maritime canadien)

Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1). (bâtiment canadien)

foreign vessel means a vessel that is not a Canadian vessel or a pleasure craft. (bâtiment étranger)

government vessel means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right. (bâtiment d’État)

gross tonnage means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h). (jauge brute)

hazardous and noxious substances handling facility means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. (installation de manutention de substances nocives et potentiellement dangereuses)

master means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act. (capitaine)

oil handling facility means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels. (installation de manutention d’hydrocarbures)

passenger means a person carried on a vessel by the owner or operator, other than

a person carried on a Safety Convention vessel who is

the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

under one year of age;

a person carried on a vessel that is not a Safety Convention vessel who is

the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

a person of a prescribed class. (passager)

pleasure craft means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class. (embarcation de plaisance)

port authority has the same meaning as in subsection 2(1) of the Canada Marine Act. (administration portuaire)

prescribed means prescribed by regulations made by the Governor in Council. (Version anglaise seulement)

qualified person means

a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

a corporation incorporated under the laws of Canada or a province. (personne qualifiée)

Register means the Canadian Register of Vessels established under section 43. (Registre)

Safety Convention vessel means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies. (bâtiment assujetti à la Convention sur la sécurité)

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class. (bâtiment)

wages includes emoluments. (gages)

If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.

Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.

The objectives of this Act are to

protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

promote safety in marine transportation and recreational boating;

protect the marine environment from damage due to navigation and shipping activities;

develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

promote an efficient marine transportation system;

develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

encourage the harmonization of marine practices; and

establish an effective inspection and enforcement program.

Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.

Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.

This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However

regulations made under paragraph 35(1)(d) in respect of pollution also apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada; and

subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada.

Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

establish consultative bodies;

issue bulletins, guidelines and standards; and

enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1) and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.

The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, person, class of persons, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facilities, operator of a hazardous and noxious substances handling facility, hazardous and noxious substances handling facility or class of hazardous and noxious substances handling facilities from the application of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1), subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the public interest or interest of …

The Minister of Transport may, with respect to his or her responsibilities under this Act, exempt for a period of not more than three years any person or vessel or class of persons or vessels from the application of any provisions of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of vessels, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection.

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 exemption granted under subsection (2.1), as soon as feasible after it is granted.

Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is en route through Canadian waters but is not en route to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention — Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.

Notice of every exemption granted under subsection (2), (2.1) or (3) must be published in the Canada Gazette.

The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.

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.

The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), 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.

An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of

the day on which it is repealed;

the day on which a regulation made under this Act that has the same effect as the interim order comes into force;

one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council;

the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and

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.

If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date.

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) or after the day referred to in paragraph (2)(c.1).

Every person or vessel subject to an interim order shall comply with it.

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.

The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made.

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.

Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:

inspections of hulls;

inspections of machinery;

inspections of equipment;

inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans);

inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and

inspections of cargo.

The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.

A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector’s certificate of designation.

Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

The Minister of Transport may authorize any person, class of persons, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection.

The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4).

A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister.

A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector.

The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act.

The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.

Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person.

Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is

in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;

in the case of a vessel described in section 48, the bare-boat charterer; or

in any other case, the owner of the vessel.

In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person.

In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be

a subsidiary of the corporation incorporated under the laws of Canada or a province;

an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or

a ship management company incorporated under the laws of Canada or a province.

The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1).

[Repealed, 2001, c. 29, s. 72]

An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport.

In addition to the specified information or documents, the Minister of Transport may

require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met;

if the Canadian maritime document is in respect of a person,

set an examination that the person must undergo, and

administer the examination; and

if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met.

No person shall cheat on an examination referred to in paragraph (2)(b).

The Minister of Transport may refuse to issue a Canadian maritime document if

the applicant has not met the requirements for the issuance of the document;

the applicant has acted fraudulently or improperly or has misrepresented a material fact;

the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it;

the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or

in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,

the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).

The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

[Repealed, 2001, c. 29, s. 72]

An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

The member may

in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or

in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.

Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

the requirements for the issuance of the document are no longer met;

a term or condition attached to the document has been contravened;

the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

the holder of the document has not paid a fine or penalty imposed on them under this Act;

the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;

in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,

the master or crew member is incompetent or has committed an act of misconduct,

the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or

the master or crew member has been found guilty of an offence related to their duties on a vessel; or

in the case of a refusal to renew,

the applicant has not paid a fee for services related to the document, or

the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.

The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation. The notice must

provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and

indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that

confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and

indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)(d) or subparagraph 20(1)(g)(i).

The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.

On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.

The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

In a review of a decision made under paragraph 20(1)(e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.

The member may