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| Issuance of
documents to
foreign
vessels
|
21. The Minister of Transport may, at the
request of the government of a state to which
an international convention or protocol listed
in Schedule 1 applies, issue in respect of a
vessel registered in that state any document
provided for by the convention or protocol,
other than a Canadian maritime document, if
the Minister is satisfied, in the same manner as
in the case of a Canadian vessel, that the
document may properly be issued. A
document issued under this section must
contain a statement that it has been issued at
the request of that government.
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| Foreign
documents
|
22. The Minister of Transport may refuse to
accept a foreign document required for the
operation of a foreign vessel if in the
Minister's opinion the conditions under which
the document was issued do not comply with
international agreements to which Canada is
a signatory.
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| Destruction of
documents,
fraud,
obstruction
and
movement of
detained
vessel
|
23. No person shall
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(a) wilfully destroy a document that is
required under this Act to be kept;
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(b) make or cause to be made a false entry
in a log book required under this Act to be
kept with intent to mislead or wilfully omit
to make an entry;
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(c) wilfully obstruct any inspector or other
person or classification society or other
organization that is exercising powers or
performing duties under this Act;
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(d) knowingly provide false or misleading
information or make a false or misleading
statement, either orally or in writing, to a
person, classification society or other
organization that is exercising powers or
performing duties under this Act; or
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(e) except as authorized under this Act,
wilfully move a vessel that has been
detained under this Act.
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| 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.
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| 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.
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| Establishment
|
26. (1) For the purpose of ensuring the
safety of the marine industry, the Marine
Technical Review Board is hereby established
to make decisions on applications for an
exemption from, or the replacement of, any
requirement under the regulations in respect
of a Canadian vessel or in respect of the
issuance of a Canadian maritime document to
a person, other than one with respect to fees.
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| Members of
the Board
|
(2) The Board consists of a Chair, a National
Vice-Chair and a maximum of five Regional
Vice-Chairs.
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| Chair
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(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.
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| 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.
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| Delegation
|
(5) The Chair may delegate the Chair's
powers and duties to the National Vice-Chair.
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| 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.
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| Striking
panels
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27. (1) When an application is made under
subsection 28(1), the Chair must strike a panel
of at least three persons.
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| Constitution
|
(2) Each panel consists of the Chair and the
persons appointed by the Chair.
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| Expertise
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(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.
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| Fee and
expenses
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(4) Each panellist may be paid
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(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
public service of Canada; and
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(b) reasonable travel and living expenses
incurred by the panellist in the course of
their duties under section 28.
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| 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.
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| Panel
decisions
|
(6) For greater certainty, a decision of a
panel is a decision of the Marine Technical
Review Board.
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| Application
|
28. (1) Any person may, in respect of a
requirement set out in a provision of the
regulations made under this Act 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.
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| 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.
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| 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.
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| 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.
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| Applicant to
be notified
|
(5) The Chair is to notify the applicant of the
decision to grant or deny the application.
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| Publication
|
(6) If the decision is to grant the application,
the Chair must publish the decision in the
manner that the Chair considers appropriate.
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| 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.
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| 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.
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| 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.
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| Rules
|
(10) The Board must make rules respecting
its procedure, with the approval of the
Minister of Transport.
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| 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.
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| 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.
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| 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.
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| Codes and
guidelines
|
(3) A convention or protocol includes any
code or guideline that is attached to it.
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| 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.
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| 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.
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| 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.
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| 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
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(a) an organization established for the
purpose of writing standards, including an
organization accredited by the Standards
Council of Canada;
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|
(b) an industrial or a trade organization; or
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|
(c) a government, a government agency or
an international body.
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| 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
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(a) with any adaptations of form and
reference that will facilitate its
incorporation into the regulation; or
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|
(b) in a form that sets out only the parts of
the material that apply for the purposes of
the regulation.
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| 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.
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| 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
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(a) specifications, classifications,
illustrations, graphs and other information
of a technical nature; and
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(b) test methods, procedures, operational
standards, safety standards and
performance standards of a technical
nature.
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| Incorporation
as amended
from time to
time
|
(5) Material may be incorporated by
reference as amended from time to time.
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| 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.
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| 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.
|
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| 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,
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(a) the material was reasonably accessible
to the person or vessel;
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|
(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
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|
(c) the material had been published in the
Canada Gazette.
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| In writing
|
34. (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.
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| Statutory
Instruments
Act
|
(2) An order or direction referred to in
subsection (1) is deemed not to be a statutory
instrument for the purposes of the Statutory
Instruments Act.
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|
| Regulations
- Minister of
Transport
|
35. (1) The Governor in Council may, on the
recommendation of the Minister of Transport,
make regulations
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|
|
(a) respecting the appointment of
adjudicators, including their qualifications;
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|
(b) respecting the issuance, amendment,
suspension, reinstatement, cancellation or
renewal of Canadian maritime documents;
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|
(c) respecting reviews under subsection
16(6) (notice of refusal to issue or renew) or
20(5) (suspension or cancellation of
Canadian maritime documents);
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|
(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
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|
(i) implementing it in respect of persons,
vessels or oil handling facilities to which
it does not apply,
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|
|
(ii) establishing stricter standards than it
sets out, or
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|
|
(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;
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|
(e) respecting record keeping, information
management and reporting for the purposes
of this Part or Part 2 (Registration, Listing
or Recording), 3 (Personnel), 4 (Safety), 6
(Incidents, Accidents and Casualties), 9
(Pollution Prevention - Department of
Transport) or 11
(Enforcement - Department of
Transport);
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|
(f) respecting the form and manner of giving
notice under this Part or Part 2
(Registration, Listing or Recording), 3
(Personnel), 4 (Safety), 9 (Pollution
Prevention - Department of Transport) or
11 (Enforcement - Department of
Transport); and
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|
(g) respecting the setting and payment of
fees for services provided in the
administration of this Part or Part 2
(Registration, Listing or Recording), 3
(Personnel), 4 (Safety), 6 (Incidents,
Accidents and Casualties), 9 (Pollution
Prevention - Department of Transport) or
11 (Enforcement - Department of
Transport) or the regulations made under
any of those Parts.
|
|
| 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.
|
|
| 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,
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;
|
|
|
|
(b) respecting record keeping, information
management and reporting for the purposes
of Part 5 (Navigation Services), 7 (Wreck),
8 (Pollution Prevention and
Response - Department of Fisheries and
Oceans) or 10 (Pleasure Craft);
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