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

Marginal note:Issuance of documents to foreign vessels

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.

Marginal note:Foreign documents

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.

Marginal note:Destruction of documents, fraud, obstruction and movement of detained vessel

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.

Marginal note:Appointment of tonnage measurers

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

Marginal note:Fees and travel expenses

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.

Marginal note:Establishment

• 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.

• Marginal note:Members of the Board

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

• Marginal note:Chair

  (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.

• Marginal note:Vice-Chairs

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

• Marginal note:Delegation

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

• Marginal note:Absence or incapacity

  (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.