Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001 (continued)
354 Subsection 12(1) of the Act is replaced by the following:
Marginal note:Authorizing others to inspect
12 (1) The Minister of Transport may authorize any person, class of persons, 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, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection.
355 Subsections 14(2) and (3) of the Act are replaced by the following:
Marginal note:Qualified person, bare-boat charterer or owner
(2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is
(a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;
(b) in the case of a vessel described in section 48, the bare-boat charterer; or
(c) in any other case, the owner of the vessel.
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 as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person.
356 Section 21 of the Act is replaced by the following:
Marginal note: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, protocol or resolution listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention, protocol or resolution, 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.
357 Subsection 26(1) of the Act is replaced by the following:
Marginal note:Establishment
26 (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than a requirement with respect to fees, charges, costs or expenses.
358 Subsection 28(1) of the Act is replaced by the following:
Marginal note:Application
28 (1) Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) 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.
359 (1) Section 32 of the Act is amended by adding the following after subsection (4):
Marginal note:Material produced by Minister of Transport
(4.01) A regulation made under paragraph 35.1(1)(k), 120(1)(f) or (k), 136(1)(a), (f) or (g) or 190(1)(a) may incorporate by reference material that the Minister of Transport produces.
(2) Subsection 32(5) of the Act is replaced by the following:
Marginal note:Scope of incorporation
(5) Material referred to in subsections (1) to (4.01) 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.
360 (1) Subparagraph 35(1)(d)(i) of the Act is replaced by the following:
(i) implementing it in respect of persons, vessels, oil handling facilities or hazardous and noxious substances handling facilities to which it does not apply,
(2) Paragraph 35(1)(g) of the Act is replaced by the following:
(g) respecting fees, charges, costs and expenses to be paid in relation to
(i) 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), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and
(ii) the enforcement of any of those Parts or regulations;
361 The heading before section 36 of the Act is replaced by the following:
Fees, Charges, Costs and Expenses
362 Subsections 36(1) to (3) of the Act are replaced by the following:
Marginal note: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.
Marginal note: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.
Marginal note: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.
363 Subsection 36.01(1) of the Act is replaced by the following:
Marginal note: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.
364 Section 38 of the Act is replaced by the following:
Marginal note:Contravention of regulations
38 (1) Every person who, or vessel, oil handling facility or hazardous and noxious substances 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.
Marginal note:Exception
(2) If a court sentencing a person, vessel, oil handling facility or hazardous and noxious substances 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, oil handling facility or hazardous and noxious substances handling facility is liable to that lesser punishment.
365 Subsection 40(2) of the Act is replaced by the following:
Marginal note: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.
366 Section 56 of the Act is replaced by the following:
Marginal note: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.
Marginal note: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.
367 Subsections 75.03(5) and (6) of the Act are replaced by the following:
Marginal note:Authorized representative of fleet
(5) The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.
368 The Act is amended by adding the following after section 75.03:
Marginal note:Refusal to issue, renew or amend certificate
75.031 Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.
369 Subsection 79(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
370 Section 99 of the English version of the Act is replaced by the following:
Marginal note:Adjudication by Minister
99 The Minister may, on the request of the authorized representative or a crew member of a Canadian vessel, adjudicate any dispute between the authorized representative and crew member that arises under this Part. The Minister’s decision is binding on the parties.
371 Subsection 103(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
372 Subsection 110(1) of the Act is replaced by the following:
Marginal note:Carrying excess number of persons
110 (1) The master of a vessel must ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention, protocol or resolution listed in Schedule 1.
373 Section 111 of the Act is replaced by the following:
Marginal note:Direction to cease — master
111 (1) The Minister may direct a master to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.
Marginal note:Direction to take measures — master
(2) The Minister may direct a master to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to
(a) provide the Minister with any information that the Minister considers appropriate to assess or deal with risks to marine safety;
(b) proceed by the route and in the manner that the Minister specifies; and
(c) proceed to a place that the Minister selects, by the route and in the manner that the Minister specifies, and
(i) unload the vessel’s cargo, or
(ii) moor, anchor or remain there for any reasonable period that the Minister specifies.
Marginal note:Direction to authorize vessel
(3) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (2)(c) to proceed to the place selected by the Minister and to
(a) unload the cargo; or
(b) moor, anchor or remain there for any reasonable period that the Minister may specify.
374 Section 114 of the Act is replaced by the following:
Marginal note:Direction to cease — crew
114 (1) The Minister may direct a crew member on board a vessel to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.
Marginal note:Direction to take measures — crew
(2) The Minister may direct a crew member on board a vessel to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to provide the Minister with any information that the Minister considers appropriate to support assessing or addressing risks to marine safety.
375 Subsection 120(1) of the Act is amended by striking out “and” at the end of paragraph (s) and by adding the following after that paragraph:
(s.1) respecting arrangements for emergency services, including requiring vessels or classes of vessels to enter into such arrangements; and
376 (1) Paragraph 121(1)(f) of the Act is replaced by the following:
(f) section 107 (obtain Canadian maritime documents);
(2) Paragraph 121(1)(j) of the Act is replaced by the following:
(j) a direction given under subsection 111(1) (direction to cease — master);
(j.1) a direction given under subsection 111(2) (direction to take measures — master);
(j.2) a direction given under subsection 111(3) (direction to authorize vessel);
(3) Subsection 121(1) of the Act is amended by adding the following after paragraph (o):
(o.1) a direction given under subsection 114(2) (direction to take measures — crew);
377 Paragraph 123(1)(a) of the Act is replaced by the following:
(a) a direction given under subsection 114(1) (direction to cease — crew);
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