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

Marginal note:Schedule 1

• 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.

• Marginal note:Schedule 2

  (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.

• Marginal note:Codes and guidelines

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

Marginal note:Additions to Schedule 1 or 2

• 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.

• Marginal note:Order to be tabled and referred

  (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.

Marginal note:Deletions from Schedule 1 or 2

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.

Marginal note:Externally produced material

• 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.

• Marginal note:Reproduced or translated material

  (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.

• Marginal note:Jointly produced material

  (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.

• Marginal note:Internally produced standards

  (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.

• Marginal note:Incorporation as amended from time to time

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

• Marginal note:Incorporated material is not a regulation

  (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.

• Marginal note:For greater certainty

  (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.