Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION A2001, c. 6Marine Liability Act (continued)
Marginal note:2018, c. 27
349 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.
(2) On the first day on which both section 323 of this Act is in force and subsection 746(2) of the other Act has produced its effects, section 74.24 of the Marine Liability Act is amended by adding the following after subsection (2):
Marginal note:Liability — fishing, hunting, trapping and harvesting
(3) For greater certainty, for the purposes of Article 7 of the Hazardous and Noxious Substances Convention, the liability of the owner of a ship includes economic loss in relation to the exercise of fishing, hunting, trapping or harvesting rights recognized and affirmed by section 35 of the Constitution Act, 1982 suffered by an Indigenous group, community or people that holds those rights or suffered by a member of such a group, community or people.
(3) On the first day on which both subsection 333(3) of this Act is in force and subsection 746(8) of the other Act has produced its effects, subsection 103(3) of the Marine Liability Act is replaced by the following:
Marginal note:Exception
(3) Subsections (1) to (1.2) do not apply to a person in a state other than Canada, and subsections (1) and (1.1) do not apply to a response organization referred to in paragraph 51(1)(a), 71(1)(a), 74.24(1)(a) or 77(1)(b).
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001
Amendments to the Act
350 Section 2 of the Canada Shipping Act, 2001 is amended by adding the following in alphabetical order:
- hazardous and noxious substances handling facility
hazardous and noxious substances handling facility means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. (installation de manutention de substances nocives et potentiellement dangereuses)
- port authority
port authority has the same meaning as in subsection 2(1) of the Canada Marine Act. (administration portuaire)
351 (1) The portion of section 8 of the Act before paragraph (a) is replaced by the following:
Marginal note:Application of this Part
8 This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However
(2) Paragraph 8(b) of the Act is replaced by the following:
(b) subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada.
352 (1) Paragraph 10(1)(c) of the Act is replaced by the following:
(c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1) and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.
(2) Subsection 10(2) of the Act is replaced by the following:
Marginal note:Exemption power of Ministers
(2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, person, class of persons, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facilities, operator of a hazardous and noxious substances handling facility, hazardous and noxious substances handling facility or class of hazardous and noxious substances handling facilities from the application of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1), subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the public interest or interest of public health or safety.
353 (1) Section 10.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Authorization to make interim order
(1.1) The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister.
(2) The portion of subsection 10.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Cessation of effect
(2) An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of
(3) Paragraph 10.1(2)(c) of the Act is replaced by the following:
(c) one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council;
(c.1) the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and
(4) Subsection 10.1(3) of the Act is replaced by the following:
Marginal note:Extension — Minister of Transport
(2.1) If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date.
Marginal note:Extension — Governor in Council
(3) The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c) or after the day referred to in paragraph (2)(c.1).
(5) Subsection 10.1(6) of the Act is replaced by the following:
Marginal note:Statutory Instruments Act
(6) The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made.
354 Subsection 12(1) of the Act is replaced by the following:
Marginal note:Authorizing others to inspect
12 (1) The Minister of Transport may authorize any person, class of persons, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection.
355 Subsections 14(2) and (3) of the Act are replaced by the following:
Marginal note:Qualified person, bare-boat charterer or owner
(2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is
(a) in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;
(b) in the case of a vessel described in section 48, the bare-boat charterer; or
(c) in any other case, the owner of the vessel.
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 as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person.
356 Section 21 of the Act is replaced by the following:
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, protocol or resolution listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention, protocol or resolution, 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.
357 Subsection 26(1) of the Act is replaced by the following:
Marginal note:Establishment
26 (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than a requirement with respect to fees, charges, costs or expenses.
358 Subsection 28(1) of the Act is replaced by the following:
Marginal note:Application
28 (1) Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement.
359 (1) Section 32 of the Act is amended by adding the following after subsection (4):
Marginal note:Material produced by Minister of Transport
(4.01) A regulation made under paragraph 35.1(1)(k), 120(1)(f) or (k), 136(1)(a), (f) or (g) or 190(1)(a) may incorporate by reference material that the Minister of Transport produces.
(2) Subsection 32(5) of the Act is replaced by the following:
Marginal note:Scope of incorporation
(5) Material referred to in subsections (1) to (4.01) may be incorporated by reference as amended from time to time or as it exists on a particular date. Material referred to in subsection (4.1) that is to be incorporated by reference must be incorporated as it exists on a particular date.
360 (1) Subparagraph 35(1)(d)(i) of the Act is replaced by the following:
(i) implementing it in respect of persons, vessels, oil handling facilities or hazardous and noxious substances handling facilities to which it does not apply,
(2) Paragraph 35(1)(g) of the Act is replaced by the following:
(g) respecting fees, charges, costs and expenses to be paid in relation to
(i) the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and
(ii) the enforcement of any of those Parts or regulations;
361 The heading before section 36 of the Act is replaced by the following:
Fees, Charges, Costs and Expenses
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