GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 35
ards 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 2023, c. 26, s. 360
Canada Shipping Act, 2001 — C-10.15 35.1
Regulations — protection of marine environment 35.1 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, including regulations (a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels; (b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels; (c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of the machinery, equipment and supplies of vessels or classes of vessels; (d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment are to meet; (e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met; (f) specifying the terms and conditions of certificates referred to in paragraph (e); (g) respecting the inspections and testing of vessels, or classes of vessels, and their machinery, equipment and supplies; (h) respecting procedures and practices that are to be followed; (i) respecting the development, maintenance and implementation of a management system that sets out the manner in which marine environment protection measures are to be integrated into day-to-day navigation and shipping operations and the criteria to which that management system is to conform as well as the components that are to be included in the system; (j) respecting compulsory routes and recommended routes; (k) regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and (l) regulating or prohibiting the loading or unloading of a vessel or a class of vessels. Amendment by Minister of Transport (2) A regulation made under any of paragraphs (1)(h), (j) and (k) may (a) authorize the Minister of Transport to amend, by order, that regulation; and (b) set out the terms and conditions under which the regulation may be amended by that order. Cessation of effect of order (3) An order referred to in subsection (2) has effect from the time that it is made and ceases to have effect on the earliest of (a) the day on which it is repealed; and (b) one year after the order is made or any shorter period that may be specified in the order. Statutory Instruments Act (4) The Statutory Instruments Act does not apply to an order referred to in subsection (2). Publication of order (5) 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 order referred to in subsection (2), as soon as feasible after it is made. 2018, c. 27, s. 692
Canada Shipping Act, 2001 — C-10.15 36
Debt due to His Majesty 36 (1) All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Payment (2) If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d) (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it; (b) in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and (c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it. Seizure (3) If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate. Release on security (4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister. 2001, c. 26, s. 36; 2012, c. 31, s. 160(F) 2023, c. 26, s. 362
Canada Shipping Act, 2001 — C-10.15 36.01
Agreement — cost recovery 36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee, charge, cost or expense. Regulations — exemption (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 35(1)(g) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement. Recovery (3) When the Minister of Transport enters into an undertaking in respect of a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act. Debt due to Her Majesty (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Spending (5) The Minister of Transport may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year. 2017, c. 20, s. 316 2023, c. 26, s. 363
Canada Shipping Act, 2001 — C-10.15 36.1
Services provided by third parties 36.1 (1) Unless otherwise provided in the regulations, any person or organization that provides, in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c), any of the following services may, if that person or organization is not part of the federal public administration, set the fees to be paid to it for those services: (a) services related to a Canadian maritime document; (b) services related to any approvals or certifications; (c) the conduct or witnessing of tests; and (d) services specified in the regulations. Not public money (2) Unless otherwise provided in the regulations, the fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and the Service Fees Act does not apply in respect of them. Non-application of certain regulations (3) Unless otherwise provided in the regulations, the regulations made under paragraph 35(1)(g) do not apply in respect of any service referred to in any of paragraphs (1)(a) to (d) that is provided by any person or organization that is not part of the federal public administration in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c). 2012, c. 31, s. 161; 2017, c. 20, s. 454
Canada Shipping Act, 2001 — C-10.15 37
Contravention of section 23 37 Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Canada Shipping Act, 2001 — C-10.15 38
Contravention of regulations made under paragraph 35(1)(d) or (3)(a) 38 (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both. Exception (2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.
Canada Shipping Act, 2001 — C-10.15 39
Contravention of Act 39 (1) Every person commits an offence who contravenes (a) subsection 17(2) (improper possession of a Canadian maritime document); or (b) subsection 28(7) (inform Chair without delay). Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Canada Shipping Act, 2001 — C-10.15 40
Contravention of Act or regulations 40 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) subsection 16(3) (cheating on an exam); (b) section 18 (failure to produce Canadian maritime document); (c) subsection 20(2) (failure to return suspended or cancelled Canadian maritime document); and (d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b). Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 2001, c. 26, s. 40; 2017, c. 26, s. 40 2023, c. 26, s. 365
Canada Shipping Act, 2001 — C-10.15 40.1
Contravention of interim order or regulations 40.1 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) subsection 10.1(4) (compliance with interim order); or (b) a provision of a regulation made under subsection 35.1(1). Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both. 2018, c. 27, s. 693
Canada Shipping Act, 2001 — C-10.15 41
Definition of Minister 41 In this Part, Minister means the Minister of Transport.
Canada Shipping Act, 2001 — C-10.15 42
Appointment of Chief Registrar 42 An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act .
Canada Shipping Act, 2001 — C-10.15 43
Duties and powers of Chief Registrar 43 (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies. Records (2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel or a fleet that is registered under this Part, including its description, its official number, the name and address of its owner and, in the case of a vessel that is not registered in the small vessel register, details of all mortgages registered in respect of it. 2001, c. 26, s. 43; 2011, c. 15, s. 38
Canada Shipping Act, 2001 — C-10.15 44
Registrars 44 (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary. Duties of registrars (2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.
Canada Shipping Act, 2001 — C-10.15 45
Immunity 45 The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.
Canada Shipping Act, 2001 — C-10.15 46
Mandatory registration of vessels 46 (1) Unless it is exempted under the regulations, a vessel must be registered under this Part if it (a) is not a pleasure craft; (b) is wholly owned by qualified persons; and (c) is not registered, listed or otherwise recorded in a foreign state. Owner’s obligation (2) Every owner of a vessel that is required by subsection (1) to be registered under this Part shall ensure that it is so registered. Mandatory registration — government vessels (3) Every government vessel must be registered under this Part. 2001, c. 26, s. 46; 2011, c. 15, s. 39
Canada Shipping Act, 2001 — C-10.15 47
Optional registration 47 Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part: (a) a pleasure craft that is wholly owned by qualified persons; (a.1) a vessel that is exempted under the regulations from the registration requirement in subsection 46(1) and that is wholly owned by qualified persons; (b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely, (i) a subsidiary of the corporation incorporated under the laws of Canada or a province, (ii) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or (iii) a ship management company incorporated under the laws of Canada or a province; and (c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement. 2001, c. 26, s. 47; 2011, c. 15, s. 40
Canada Shipping Act, 2001 — C-10.15 48
Bare-boat chartered vessels 48 A vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.
Canada Shipping Act, 2001 — C-10.15 49
Vessels under construction 49 A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.
Canada Shipping Act, 2001 — C-10.15 50
Vessels built outside Canada 50 Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.
Canada Shipping Act, 2001 — C-10.15 51
Application 51 (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar. Further evidence (2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.
Canada Shipping Act, 2001 — C-10.15 52
Before registration or listing 52 (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed. Approval of names (2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel. Disallowance of names (3) The Chief Registrar must disallow a name if (a) it is the same as the name of a Canadian vessel; (b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal; (c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or (d) its use is prohibited under an Act of Parliament. Requiring renaming (4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.
Canada Shipping Act, 2001 — C-10.15 53
Shares 53 (1) For the purposes of registration, the property in a vessel is divided into 64 shares. Registered owners (2) Subject to subsections (3) and (4), only owners or joint owners of a vessel or of one or more shares in a vessel may be registered in the Register as owners of the vessel or shares, as the case may be. Registered owners — financing agreements (3) In the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the persons referred to in that paragraph are to be registered in the Register as the owners of the vessel. Bare-boat charterers (4) In the case of a vessel described in section 48 (a bare-boat chartered vessel), no person may be registered in the Register as an owner of the vessel. Registration of joint owners (5) No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel. Disposition of registered joint interests (6) A registered jointly owned interest in a vessel or a share in a vessel may be disposed of only by the joint owners acting together. Registration of fractions prohibited (7) No person may be registered as the owner of a fractional part of a share in a vessel. No effect on beneficial owners (8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a vessel or a share in a vessel. Trusts not recognized (9) No notice of a trust may be entered in the Register.
Canada Shipping Act, 2001 — C-10.15 54
Certificates of registry 54 (1) If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a vessel, the Chief Registrar must register or list the vessel, as the case may be, in the Register and issue a certificate of registry. Information (2) Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including (a) its description; (b) its official number; and (c) the name and address of (i) in the case of a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), the authorized representative, (ii) in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer, and (iii) in any other case, its owner and the authorized representative. Period of validity (3) Every certificate of registry is valid for the period specified by the Chief Registrar.
Canada Shipping Act, 2001 — C-10.15 55
Provisional certificates 55 (1) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is required or entitled to be registered under this Part if (a) the vessel is in a foreign port and a person intends to register it under this Part; or (b) the vessel is in a port in Canada and the Chief Registrar is satisfied that permission to operate the vessel should be granted before a certificate of registry can be issued. Issuance (2) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the vessel needs to undergo sea trials. Validity (3) A provisional certificate is valid for the purpose and the period specified by the Chief Registrar. Application (4) An application for a provisional certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.
Canada Shipping Act, 2001 — C-10.15 56
Lost certificates 56 If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative or owner in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar. 2001, c. 26, s. 56 2023, c. 26, s. 366
Canada Shipping Act, 2001 — C-10.15 56.1
Refusal to issue, renew or amend certificate 56.1 Despite any other provision of this Act, the Chief Registrar may refuse to issue, in respect of a vessel, a certificate of registry, a provisional certificate or a replacement certificate of registry or provisional certificate, or to renew a certificate of registry or to amend one under paragraph 73(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense under this Act or the Wrecked, Abandoned or Hazardous Vessels Act in respect of that vessel. 2023, c. 26, s. 366
Canada Shipping Act, 2001 — C-10.15 57
Marking 57 (1) The authorized representative of a Canadian vessel shall, in the form and manner specified by the Chief Registrar, mark the vessel with its official number and any other information that the Chief Registrar specifies. Validity of certificate of registry (2) A vessel’s certificate of registry is not valid until the vessel has been marked in accordance with subsection (1). Maintenance of markings (3) The authorized representative shall ensure that the vessel is kept marked. Defacing, etc., markings (4) No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.