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

Act current to 2020-11-02 and last amended on 2019-07-30. Previous Versions

PART 1General (continued)

Inspections by Marine Safety Inspectors and Others (continued)

Marginal note:Authorizing others to inspect

  •  (1) The Minister of Transport may authorize any person, 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, classification society or other organization is qualified to issue the document or carry out the inspection.

  • Marginal note:Certificate of authorization

    (2) 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).

  • Marginal note:Inspection records

    (3) 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.

  • Marginal note:Delivery of report

    (4) 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.

  • Marginal note:Immunity

    (5) 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.

Marginal note:Audit

 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.

Authorized Representative

Marginal note:Authorized representative

  •  (1) 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.

  • Marginal note:Authorized representative

    (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is the owner of the vessel or, in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer.

  • Marginal note:Representative if more than one owner

    (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.

  • Marginal note:Representative of foreign corporation

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

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

    • (c) a ship management company incorporated under the laws of Canada or a province.

  • Marginal note:Acts or omissions of authorized representative binding

    (5) 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]

Canadian Maritime Documents

Marginal note:Application

  •  (1) 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.

  • Marginal note:Further evidence

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

    • (a) 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;

    • (b) if the Canadian maritime document is in respect of a person,

      • (i) set an examination that the person must undergo, and

      • (ii) administer the examination; and

    • (c) 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.

  • Marginal note:Cheating

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

  • Marginal note:Refusal to issue

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

    • (a) the applicant has not met the requirements for the issuance of the document;

    • (b) the applicant has acted fraudulently or improperly or has misrepresented a material fact;

    • (c) 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;

    • (d) 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

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

      • (i) 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

      • (ii) 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).

  • Marginal note:Notice after refusal to issue

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

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

    • (b) 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.

  • (6) [Repealed, 2001, c. 29, s. 72]

  • 2001, c. 26, s. 16, c. 29, s. 72
  • 2012, c. 31, s. 156

Marginal note:Request for review

  •  (1) 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

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

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

  • Marginal note:Time and place for review

    (2) 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.

  • Marginal note:Review procedure

    (3) 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.

  • Marginal note:Person not compelled to testify

    (4) 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.

  • Marginal note:Determination

    (5) The member may

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

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

  • 2001, c. 29, s. 72
 
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