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

6. The objectives of this Act are to

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

(b) promote safety in marine transportation and recreational boating;

(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) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

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

(h) encourage the harmonization of marine practices; and

(i) establish an effective inspection and enforcement program.

7. (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

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

(3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.

8. This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters, but regulations made under paragraph 35(1)(d) in respect of pollution apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada.

9. Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

10. (1) 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 or enforcement of any provision of this Act or the regulations and authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

(2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facility from the application of any provision of this Act or the regulations, subject to any conditions that that Minister considers appropriate, if that 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.

(3) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is en route through Canadian waters but is not en route to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention — Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.

(4) Notice of every exemption granted under subsection (2) or (3) must be published in the Canada Gazette.

(5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.

2001, c. 26, s. 10; 2003, c. 22, s. 224(E).

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

(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 211, 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.

(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 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial 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.

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

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

(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 211(4).

(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.

(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.

(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.

13. The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.

14. (1) Every Canadian vessel must have a person — the authorized representative — who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person.

(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.

(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.

(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.

(5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1).

15. [Repealed, 2001, c. 29, s. 72]

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.

(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.

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

(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 229(1)( b).

(5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

( a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

( b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)( a), ( b), ( c) or ( e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.

(6) [Repealed, 2001, c. 29, s. 72]

2001, c. 26, s. 16, c. 29, s. 72.

16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

( a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

( b) the grounds for refusing to issue the document are set out in paragraph 16(4)( a), ( b), ( c) or ( e).

(2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

(3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(4) In a review of a decision made under subparagraph 16(4)( e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

(5) The member may

( a) in the case of a decision made under paragraph 16(4)( e), confirm the decision or substitute his or her own determination; or

( b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

2001, c. 29, s. 72.

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.

(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).

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

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.

20. (1) Subject to section 20.1, 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 a 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 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.

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

2001, c. 26, s. 20, c. 29, s. 72.

20.1 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. The notice must

( a) provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and

( b) indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)( a), ( b), ( c), ( e) or ( f) or subparagraph 20(1)( g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.

2001, c. 29, s. 72.

20.2 (1) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

(2) An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

(3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

(4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

2001, c. 29, s. 72.

20.3 Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that

( a) confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and

( b) indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)( a), ( b), ( c), ( e) or ( f) or subparagraph 20(1)( g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.

2001, c. 29, s. 72.

20.4 (1) Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

(2) A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)( d) or subparagraph 20(1)( g)(i).

(3) The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.

(4) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.

(5) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

(6) In a review of a decision made under paragraph 20(1)( e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.

(7) The member may

( a) in the case of a decision made under paragraph 20(1)( e) or subparagraph 20(1)( f)(ii) or (iii), confirm the Minister of Transport's decision or substitute his or her own determination; and

( b) in any other case, confirm the Minister of Transport's decision or refer the matter back to the Minister for reconsideration.

2001, c. 29, s. 72.

20.5 (1) The applicant for, or holder of, a Canadian maritime document may appeal to the Tribunal a determination made under subsection 16.1(5) or 20.4(7), and the Minister of Transport may appeal to the Tribunal a determination made under paragraph 16.1(5)( a) or 20.4(7)( a). The time limit for making an appeal is 30 days after the determination.

(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

(3) The appeal panel of the Tribunal assigned to hear the appeal may

( a) in the case of a determination made under paragraph 16.1(5)( a) or 20.4(7)( a), dismiss the appeal, or allow the appeal and substitute its own decision; or

( b) in the case of a determination made under paragraph 16.1(5)( b) or 20.4(7)( b), dismiss the appeal or refer the matter back to the Minister of Transport for reconsideration.

2001, c. 29, s. 72.

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.

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.

23. No person shall

(a) wilfully destroy a document that is required under this Act to be kept;

(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;

(c) wilfully obstruct any inspector or other person or classification society or other organization that is exercising powers or performing duties under this Act;

(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

(e) except as authorized under this Act, wilfully move a vessel that has been detained under this Act.

24. The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels’ tonnage under this Act.

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.

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.

(2) The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.

(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.

(4) The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.

(5) The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.

(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.

27. (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

(2) Each panel consists of the Chair and the persons appointed by the Chair.

(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.

(4) Each panellist may be paid

(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 federal public administration; and

(b) reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

(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.

(6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.

2001, c. 26, s. 27; 2003, c. 22, s. 224(E).

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.

(2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

(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.

(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.

(5) The Chair is to notify the applicant of the decision to grant or deny the application.

(6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

(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.

(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.

(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.

(10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

(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.

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.

(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.

(3) A convention or protocol includes any code or guideline that is attached to it.

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.

(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.

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.

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

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

(b) an industrial or a trade organization; or

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

(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

(a) with any adaptations of form and reference that will facilitate its incorporation into 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) 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.

(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

(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) Material may be incorporated by reference as amended from time to time.

(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.

(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.

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,

(a) the material was reasonably accessible to the person or vessel;

(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

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

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.

(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.

35. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

(a) [Repealed, 2001, c. 29, s. 72]

(b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

(c) [Repealed, 2001, c. 29, s. 72]

(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

(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;

(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);

(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

(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.

(2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

(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);

(c) respecting the form and manner of giving notice under Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft); and

(d) respecting the setting and payment of fees for services provided in the administration of Part 5 (Navigation Services), 7 (Wreck), other than section 163, 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft) or the regulations made under any of those Parts.

2001, c. 26, s. 35, c. 29, s. 72.

36. (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

(2) If a fee 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 and any interest payable on it;

(b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally or solidarily liable for payment of the fee 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 and any interest payable on it.

(3) If the amount of a fee, or of interest due on it, owed by an authorized representative 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.

(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.