Vol. 141, No. 12 — June 13, 2007

Registration
SI/2007-62 June 13, 2007

CANADA SHIPPING ACT

Order Repealing Certain Orders Made under the Canada Shipping Act

P.C. 2007-847 May 31, 2007

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 353(3), section 360 and subsection 420(1) of the Canada Shipping Act, hereby makes the annexed Order Repealing Certain Orders Made under the Canada Shipping Act.

ORDER REPEALING CERTAIN ORDERS MADE UNDER THE CANADA SHIPPING ACT

REPEALS

1. Order in Council P.C. 1980-1445 of May 29, 1980 (see footnote 1) is repealed.

2. The Load Line Exemption Order (see footnote 2) is repealed.

3. The Non-Canadian Ships Safety Order (see footnote 3) is repealed.

COMING INTO FORCE

4. (1) Section 1 comes into force immediately before the repeal of section 360 of the Canada Shipping Act.

(2) Section 2 comes into force immediately before the repeal of subsection 353(3) of the Canada Shipping Act.

(3) Section 3 comes into force immediately before the repeal of subsection 420(1) of the Canada Shipping Act.

EXPLANATORY NOTE

(This note is not part of the Order.)

The Canada Shipping Act, 2001 (CSA 2001) received royal assent on November 1, 2001, and on its entry into force on July 1, 2007 will replace the Canada Shipping Act (CSA). The Orders described below will no longer be necessary under the CSA 2001 and are being repealed immediately before the repeal of the provisions of the CSA under which they were made.

There is no viable alternative to repealing those Orders other than through a new Order in Council. Not repealing these Orders before the CSA 2001 comes into force would create confusion with respect to which requirements are applicable under the CSA 2001.

Load Line Assignment Authorization Order

The Load Line Assignment Authorization Order, P.C. 1980-1445, dated May 29, 1980, made under section 360 of the CSA, was established to set the conditions of authorization and to authorize certain societies to inspect ships in respect of load lines, to assign load lines to ships, and to issue load line certificates.

The CSA 2001 empowers the Minister of Transport (the Minister) to authorize any person, classification society or other organization to issue Canadian maritime documents (in this case, load line certificates), or to carry out inspections (in this case, load line surveys) under section 211 of the CSA 2001 if the Minister determines that the person, classification society or other organization is qualified to do so. The conditions to be met in order to qualify will be set out in a program, which will be available to the public through the Marine Safety Policy Manual – Delegated Statutory Inspection Program.

Subsection 12(2) of the CSA 2001 requires the Minister to provide the qualifying 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) of the Act. Before a certificate of authorization is issued, formal agreements that outline the duties and responsibilities of the person, society or organization will be entered into with each authorized entity. Agreements of this nature with the societies mentioned in the Load Line Assignment Authorization Order will be concluded before the coming into force of the CSA 2001. A document entitled Delegation of Certification containing the names of the authorized persons, classification societies and other organizations will be available to the public.

Load Line Exemption Order

Subsection 353(3) of the CSA empowers the Governor in Council to exempt any ships on voyages between near neighboring places from the provisions of the CSA relating to load lines. The Load Line Exemption Order was made under that subsection. Its provisions are basically reproduced in paragraphs 3(2)(f) to (h) and 15(2)(g) of the Load Line Regulations being made under the CSA 2001. Thus, this Order is no longer needed.

Non-Canadian Ships Safety Order

The Non-Canadian Ships Safety Order, made under subsection 420(1) of the CSA, was established to apply the safety requirements of the CSA (Part V – Safety), and any regulations made under that Part, to every ship registered elsewhere than in Canada that is engaged in certain activities in Canada. There is no need under the CSA 2001 to have such an Order. The CSA 2001 specifies that the safety requirements of the CSA 2001 apply in respect of Canadian vessels everywhere, other than pleasure craft, and in respect of foreign vessels in Canadian waters.

Footnote 1

SI/80-108

Footnote 2

SI/81-105

Footnote 3

SI/97-96

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices