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

Marginal note:Audit

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.

Marginal note:Authorized representative

• 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.

• Marginal note:Authorized representative

  (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.

• 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 one of themselves as the authorized representative.

• Marginal note:Representative of foreign corporation

  (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.

• Marginal note:Acts or omissions of authorized representative binding

  (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).

Marginal note:Appointment

• 15. (1) The Minister of Transport may appoint persons to conduct independent reviews under subsection 16(6) (notice of refusal to issue or renew), 20(5) (suspension, cancellation or non-renewal of Canadian maritime documents), 231(3) (notices of default), 232(2) (notices of violation) or 239(3) (removal of notations of violations).

• Marginal note:Powers of adjudicators

  (2) For the purposes of this Act, each adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Marginal note:Application

• 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.

• Marginal note:Further evidence

  (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.

• Marginal note:Cheating

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

• Marginal note:Refusal to issue

  (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).

• Marginal note:Notice after refusal to issue

  (5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue it.

• Marginal note:Review of decision

  (6) A master or crew member whose application for a Canadian maritime document under Part 3 (Personnel) has been refused on a ground set out in any of paragraphs (4)(a), (b), (c) and (e) may, within 30 days after the day on which notice is given to them of the refusal, request that an adjudicator review the refusal.