Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Marginal note:Descriptive cross-references

 If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

Marginal note:Regulations

 The Governor in Council may

  • (a) on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, make regulations prescribing classes of vessels for the purpose of the definition “pleasure craft” in section 2; and

  • (b) on the recommendation of the Minister of Transport, make regulations prescribing anything else that may be prescribed under section 2.

PART 1

GENERAL

Her Majesty

Marginal note:Binding on Her Majesty

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

Objectives

Marginal note:Objectives of Act

 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.

Application

Marginal note:Exclusion
  •  (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.

  • Marginal note:Regulations

    (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.

  • Marginal note:Conflicts with foreign rules

    (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.