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Bill C-35

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Inspections by Marine Safety Inspectors and Others

Appointment of marine safety inspectors

11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

Authoriza-
tions

(2) 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 214, including the following:

    (a) inspections of hulls;

    (b) inspections of machinery;

    (c) inspections of equipment;

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

    (e) inspections of cargo.

Certificate

(3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 214 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.

Duties and powers

(4) 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.

Immunity

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

Authorizing others to inspect

12. (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 214 if the Minister determines that the person, classification society or other organization is qualified to issue the document or carry out the inspection.

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 214(4).

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.

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.

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.

Audit

13. The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 214. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.

Authorized Representative

Authorized representa-
tive

14. (1) Every Canadian vessel must have a person - the authorized representative - who is responsible for acting with respect to all matters relating to the vessel.

Authorized representa-
tive

(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.

Represen-
tative 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.

Represen-
tative 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.

Acts or omissions of authorized representa-
tive binding

(5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to any matter relating to the vessel.

Adjudicators

Appointment

15. (1) The Minister of Transport may appoint persons to conduct independent reviews under subsection 16(5) (notice of refusal to issue or renew), section 20 (suspension, cancellation or non-renewal of Canadian maritime documents) or subsection 239(3) (notices of default) or 240(2) (notices of violation).

Powers of adjudicators

(2) For the purposes of this Act, each adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Canadian Maritime Documents

Application

16. (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.

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.

Cheating

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

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 set under paragraph 35(1)(g) in respect of the issuance of 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 237(1)(b).

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

Review

(6) A master or crew member whose application for a Canadian maritime document under Part 3 (Personnel) has been refused may, within 30 days after the day on which notice is given to them of the refusal, request that an adjudicator review the refusal, unless the refusal was because the applicant has not paid a fee set under paragraph 35(1)(g), has not paid a fine or penalty imposed on them under this Act or 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.

Period of validity

17. (1) 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.

Possession

(2) 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).

Production of document

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

Lost documents

19. 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.

Suspension, cancellation and refusal to renew

20. (1) Subject to subsection (2), the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

    (a) the requirements for the issuance of the document are no longer met;

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

    (c) the document was obtained by any fraudulent or improper means or misrepresentation of any material fact;

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

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

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

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

      (ii) 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

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

    (g) in the case of a refusal to renew,

      (i) the applicant has not paid a fee set under paragraph 35(1)(g) in respect of the issuance of the document, or

      (ii) 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.

Notice before suspension or cancellation

(2) 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 and provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel it.

Exception

(3) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with subsection (2) if, on ex parte application by the Minister, an adjudicator determines that complying with that subsection is not in the interest of public safety.

Notice after suspension or cancellation

(4) Except in the case of the suspension or cancellation of a Canadian maritime document under subsection (2), the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice confirming the suspension, cancellation or refusal and providing all relevant information concerning the grounds on which the Minister has suspended, cancelled or refused to renew it.

Review

(5) The holder may, within 30 days after the day on which the notice is given, request that an adjudicator review the suspension, cancellation or refusal, unless it was on the ground set out in paragraph (1)(d), subparagraph (1)(f)(ii) or paragraph (1)(g).

Review

(6) If the holder, within 30 days after the day on which the notice is given, requests that an adjudicator conduct a review of the proposed suspension or cancellation, the proposed suspension or cancellation is stayed until the review is concluded.

Return of document

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

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