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

Act current to 2020-05-17 and last amended on 2019-07-30. Previous Versions

PART 1General (continued)

International Conventions, Protocols and Resolutions (continued)

Marginal note:Deletions from Schedule 1 or 2

 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

  •  (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: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) 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.

  • 2001, c. 26, s. 32
  • 2012, c. 31, s. 158

Marginal note:Defence

 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.

Orders and Directions

Marginal note:In writing

  •  (1) If this Act requires or authorizes an order or a direction to be given or made by the Minister of Transport to a person who is not an official of the Department of Transport, the order or direction must be given or made in writing.

  • Marginal note:Statutory Instruments Act

    (2) An order or direction referred to in subsection (1) is not a statutory instrument as defined in the Statutory Instruments Act.

  • 2001, c. 26, s. 34
  • 2018, c. 27, s. 691

Regulations

Marginal note:Regulations — Minister of Transport

  •  (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

    • (a) [Repealed, 2001, c. 29, s. 72]

    • (b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

    • (c) [Repealed, 2001, c. 29, s. 72]

    • (d) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 1, as amended from time to time, including regulations

      • (i) implementing it in respect of persons, vessels or oil handling facilities to which it does not apply,

      • (ii) establishing stricter standards than it sets out, or

      • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

    • (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

    • (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

    • (g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1);

    • (h) specifying the services for the purposes of paragraph 36.1(1)(d); and

    • (i) specifying the services to which section 36.1 does not apply or the circumstances in which that section does not apply.

  • Marginal note:Aircraft

    (2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

  • Marginal note:Regulations — Minister of Fisheries and Oceans

    (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

    • (a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations

      • (i) implementing it in respect of persons or vessels to which it does not apply,

      • (ii) establishing stricter standards than it sets out, or

      • (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

    • (b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

    • (c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

    • (d) respecting the setting and payment of fees for services provided in the administration of

      • (i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

      • (ii) regulations made under subsection 136(2).

  • 2001, c. 26, s. 35, c. 29, s. 72
  • 2005, c. 29, s. 16
  • 2012, c. 31, s. 159
  • 2019, c. 1, s. 141
 
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