2.1 Every reference in this Act, other than in Part I, to “owner” shall be read as a reference to

(a) in respect of a Canadian ship described in paragraph 17(b) (a ship owned by a foreign corporation), its authorized representative; and

(b) in respect of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer.

R.S., 1985, c. 6 (3rd Supp.), s. 2; 1998, c. 16, s. 2.

3. Except as provided in section 632, this Act does not apply to air cushion vehicles.

R.S., c. S-9, s. 3.

4. Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.

R.S., 1985, c. S-9, s. 4; 1998, c. 16, s. 3.

5. The objectives of this Act are to

(a) protect the health and well-being of individuals, including the crews of ships, who participate in marine transportation and commerce;

(b) promote safety in the marine transportation system;

(c) protect the marine environment from damage due to navigation and shipping activities;

(d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

(e) promote an efficient marine transportation system;

(f) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

(g) encourage the harmonization of marine practices;

(h) provide an appropriate liability and compensation regime in relation to incidents involving ships; and

(i) establish an effective inspection and enforcement program.

R.S., 1985, c. S-9, s. 5; 1998, c. 16, s. 3.

6. (1) Except as otherwise provided, this Act, other than sections 467 to 471 and 565 to 567, does not apply to a vessel belonging to the Canadian Forces or a foreign military force or to any other vessel that is under the command, control or direction of the Canadian Forces.

(2) The Governor in Council may make regulations varying or excluding the application, in respect of government ships, of any provision of this Act.

R.S., 1985, c. S-9, s. 6; 1998, c. 16, s. 3.

7. (1) Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

(2) The Minister of Fisheries and Oceans is responsible for all matters under this Act relating to safety and licensing of pleasure craft.

R.S., 1985, c. S-9, s. 7; 1998, c. 16, s. 3.

8. (1) For the purpose of achieving the objectives set out in section 5, the Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

(a) establish consultative bodies;

(b) issue bulletins, guidelines and standards; and

(c) enter into agreements or arrangements respecting the administration of any provision of this Act or the regulations and authorize any person with whom an agreement or arrangement is entered into to exercise or perform such powers and duties under this Act as are specified in the agreement or arrangement.

(2) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any ship owner, ship or class of ships from the application of any provision of this Act or the regulations if the Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. Notice of every exemption must be published in the Canada Gazette.

R.S., 1985, c. S-9, s. 8; 1998, c. 16, s. 3.

8.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:

( a) and ( b) [Not in force]

( c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of this Act, other than section 727.7.

(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

(a) 14 days after it is made, unless it is approved by the Governor in Council,

(b) the day on which it is repealed,

(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

(d) one year after the interim order is made or any shorter period that may be specified in the interim order.

(3) No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.

(4) An interim order

(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after it is made.

(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 104.

9. (1) Every Canadian ship, other than a pleasure craft, must have a person who is responsible for acting with respect to all matters relating to the ship and who is to be known as the authorized representative.

(2) Subject to subsections (3) and (4), the authorized representative of a Canadian ship is the owner of the ship or, in the case of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer.

(3) In the case of a Canadian ship that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.

(4) In the case of a ship owned by a corporation that is incorporated under the laws of a country other than Canada, the authorized representative must be

(a) a subsidiary of the corporation that is incorporated under the laws of Canada or a province;

(b) an employee or 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.

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

R.S., 1985, c. S-9, s. 9; 1998, c. 16, s. 3.

10. (1) For greater certainty, a regulation made under this Act may incorporate by reference material produced by a person or body other than the authority making the regulation, including

(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

(b) an industrial or trade organization; and

(c) a government, government agency or international body.

(2) For greater certainty, a regulation made under this Act may incorporate by reference material that the authority making the regulation reproduces or translates from material produced by a person or body other than that authority

(a) with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or

(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

(3) For greater certainty, a regulation made under this Act may incorporate by reference material that the authority making the regulation produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

(4) For greater certainty, a regulation made under this Act may incorporate by reference technical or explanatory material that the authority making the regulation 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.

(5) For greater certainty, material may be incorporated by reference as amended from time to time.

(6) For greater certainty, 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.

(7) If a regulation is authorized to be made by the Governor in Council, the minister who recommends the making of it to the Governor in Council is deemed to be an authority who is authorized to make the regulation.

R.S., 1985, c. S-9, s. 10; 1998, c. 16, s. 3.

11. For greater certainty, no person or ship 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 ship;

(b) reasonable steps had been taken to ensure that the material was accessible to persons or ships likely to be affected by the regulation; or

(c) the material had been published in the Canada Gazette.

R.S., 1985, c. S-9, s. 11; R.S., 1985, c. 6 (3rd Supp.), s. 87(F); 1998, c. 16, s. 3.