Canada Shipping Act

Last updated
Canada Shipping Act
Parliament-Ottawa.jpg
Parliament of Canada
  • An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts
CitationS.C. 2001, c. 26
Enacted by Parliament of Canada
Status: In force

The Canada Shipping Act (French : Loi de 2001 sur la marine marchande du Canada) is legislation enacted by the Parliament of Canada, governing the powers of government to regulate the registration and operation of ships and pleasure craft, including personnel and navigation. The Act also establishes the legal regime that governs naval accidents in Canada's waters, as well as marine pollution of any seafaring vessels. The Act was amended in 2019, and sees regular amendment.

Contents

Legislative history

At Confederation, the federal government was generally understood by both the British and Canadian governments as not having direct authority over shipping matters, instead deferring to the United Kingdom's Imperial Shipping Act . [1] [ which? ] The historical background of the act can be traced to pre-Confederation to 1845, where the government of the Province of Canada first exercised authority over requiring registration for ships navigating inland waters, until it was superseded by the British Merchant Shipping Act 1854 (17 & 18 Vict. c. 104).

In 1878, the Canadian government passed legislation attempting to repeal the applicability of Section 23 of the British Merchant Shipping Act 1876 (39 & 40 Vict. c. 80), which was not assented to due to British government opposition. [1]

Canadian legislation in 1870 extended restrictions on coasting trade, from one Canadian port to another. [1]

In 1910 the Marquess of Crewe pointed out significant divergence of the Canadian shipping industry from adherence to imperial law. [1]

In the 1920s, the imperial shipping regime decentralized, and after the Balfour Declaration in 1926, and the ensuing Statute of Westminster, Canada was no longer formally subservient to British legislation. Even prior to the Statute, Canada pursued a new legislative agenda regarding shipping, at a 1929 subconference of the Imperial Conference. This led to the creation of the British Commonwealth Merchant Shipping Agreement, a treaty between British dominions. [2]

Alfred Duranleau, who first introduced a comprehensive domestic shipping act. Alfred Duranleau, vers 1920.jpg
Alfred Duranleau, who first introduced a comprehensive domestic shipping act.

This led to the creation of the domestic Canada Shipping Act, introduced by Alfred Duranleau and first passed in 1934. The legislation generally reproduced domestically the British Merchant Shipping Act 1894 (57 & 58 Vict. c. 60), but with updates. The act came into force in 1936. [2]

The act saw major changes in 1948 in areas relating to certification of ship's officers, steamship inspection, and shipping of seamen, as well as conforming with International Labour Organization (ILO) conventions on the certification of seamen. In 1950, domestic registration was strengthened and the International Convention on the Safety of Life at Sea were implemented. [2] In 1956, the Act was first amended to incorporate environmental law in marine ecosystems, which were later extended, most substantially in the 1970s. [2] In 1963, the provisions of the Act that normally only affected sea-going vessels were extended to Great Lakes shipping. [2]

In 1985, after a task force looking into deep-sea shipping, the shipping act was rewritten into the Shipping Act of 1985, which was then further redrafted in 2001 into the Canada Shipping Act, 2001. [3]

Statutory details and powers

The Act establishes general goals of protecting vessels and crews, promoting safety, protecting marine environments, promoting shipping, establishing an inspection regime, and meeting international obligations. [4] Throughout the Act, the legislation establishes the ability of Ministers to create regulations in relation to the areas legislated under the statute as well as creating criminal and quasi-criminal civil penalties for violations.

The act establishes broad powers to be exercised by the Minister of Transport or the Minister of Fisheries and Oceans. Included in the powers are the power to develop regulations and standards, as well as the power specifically of the Minister of Transport to provide exemptions to responsibilities under the Act if the minister judges that the deviation will enhance safety or environmental protection. [5]

The Minister of Transport is authorized to designate inspectors, and require ships to undertake inspections of ship and cargo, and obligate shipping companies to maintain documents. [6]

The Act establishes the regime for registration of ships, ship naming, requirements for maintaining records, and for displaying ships markings. [7]

The Act establishes a regime for ship's crews, establishing authority of ship's masters over management and discipline of ship's crews, as well as giving ship's crews authority over passengers. The Act furthermore gives authority of the ship's master over stowaways equivalent to that of crew. The Act also creates an obligation for physicians or optometrists to report to the Minister of Transport any person whose health condition would constitute a danger to marine safety. The Act empowers the ship's master over hiring conditions and discharge, as well as maintaining records of service, and creates an obligation to report any births or deaths that occur on the ship. [8]

The Act also bans those who construct ships from deviating from design drawings for a ship. [8]

The Act establishes the power of the Minister to prevent movement of a ship from a restricted navigational zone, to appoint traffic service providers and require communications equipment. The Act also creates an obligation for vessels to answer distress signals and assist with search-and-rescue missions as directed, as well as assist in lifesaving activities in the case it is involved in a collision. In incidents leading to a death, the Act authorizes the Minister of Transport to commission inquiries into causes of death occurring on a ship. [9]

The Act establishes the responsibilities and powers of the Ministers to prevent marine pollution. The Minister of Transport is authorized to direct the activities of a ship reasonably expected to discharge a pollutant or that has discharged a pollutant. The Minister is further empowered to regulate oil handling facilities. The Minister of Fisheries and Oceans is empowered to appoint pollution response officers, with the authority to board ships, sample cargo, to direct the route and speed of ships if it is in the interest of prevention of release of pollutants. [10]

The Minister is obligated to detain unsafe vessels, and may furthermore exclude or expel ships from Canadian waters if they are believed to be in contravention of international conventions to which Canada has agreed. The Minister is also empowered to designate foreign territories as areas of war or conflict, and designate types of goods that cannot be shipped to that jurisdiction or shipped if they are eventually bound to that destination. [11]

Regulation

The Canadian Coast Guard, one of multiple agencies empowered to enforce the Act Coast Guard (14540106363).jpg
The Canadian Coast Guard, one of multiple agencies empowered to enforce the Act
Pumping of ballast water, a vector for environmental contamination, and regulated under the Act. Ship pumping ballast water.jpg
Pumping of ballast water, a vector for environmental contamination, and regulated under the Act.

The Act has multiple regulations that have been enacted by the Governor-in-Council, expanding on multiple authorities given to the ministers under the Act, including filling minor elements of shipping that are not singled out in the act, such as elevator safety on ships. Other examples of regulations include regulations regarding ballast water dumping, fire safety, small vessel regulations, vessel registration fees and Arctic shipping. [12]

Other regulations have been repealed, such as regulations regarding anchorage, hull inspection, or navigation of minor waterways such as the St. Clair River or Burlington Canal. Many regulations that have been deprecated are repealed with their contents instead being updated or consolidated into new regulations, some with identical names. [12]

Notable prosecutions

Linda O'Leary prosecution

In 2019, following a fatal boat crash, Linda O'Leary, wife of Canadian entrepreneur and political aspirant Kevin O'Leary, was charged under the Act, garnering national media attention. In 2021, O'Leary was acquitted. [13] [14]

MV Marathassa prosecution

In 2015, the MV Marathassa, a grain carrier, spilled thousands of litres of fuel into Vancouver's English Bay. The Public Prosecution Service of Canada charged the shipping line, Alassia Newships Management Inc., including with six charges under the Canada Shipping Act, posting a fine of up to $6 million collectively. [15] In 2019, the company was acquitted on all charges, on the basis that the prosecution had insufficiently established that the company failed to perform due diligence. [16]

Related Research Articles

Environment and Climate Change Canada is the department of the Government of Canada responsible for coordinating environmental policies and programs, as well as preserving and enhancing the natural environment and renewable resources. It is also colloquially known by its former name, Environment Canada.

Immigration, Refugees and Citizenship Canada is the department of the Government of Canada with responsibility for matters dealing with immigration to Canada, refugees, and Canadian citizenship. The department was established in 1994 following a reorganization.

Canadian securities regulation is managed through the laws and agencies established by Canada's 10 provincial and 3 territorial governments. Each province and territory has a securities commission or equivalent authority with its own provincial or territorial legislation.

Fisheries and Oceans Canada is a department of the Government of Canada that is responsible for developing and implementing policies and programs in support of Canada's economic, ecological and scientific interests in oceans and inland waters. Its mandate includes responsibility for the conservation and sustainable use of Canada's fisheries resources while continuing to provide safe, effective and environmentally sound marine services that are responsive to the needs of Canadians in a global economy.

Innovation, Science and Economic Development Canada is a department of the Government of Canada. ISED is responsible for a number of the federal government's functions in regulating industry and commerce, promoting science and innovation, and supporting economic development. The department was known as Industry Canada (IC) prior to 2015.

<span class="mw-page-title-main">Transport Canada</span> Government department

Transport Canada is the department within the Government of Canada responsible for developing regulations, policies and services of road, rail, marine and air transportation in Canada. It is part of the Transportation, Infrastructure and Communities (TIC) portfolio. The current Minister of Transport is Pablo Rodriguez. Transport Canada is headquartered in Ottawa, Ontario.

Australian Maritime Safety Authority

Australian Maritime Safety Authority (AMSA) is an Australian statutory authority responsible for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations. The authority has jurisdiction over Australia's exclusive economic zone which covers an area of 11,000,000 square kilometres (4,200,000 sq mi). AMSA maintains Australia's shipping registries: the general and the international shipping registers.

<span class="mw-page-title-main">Section 30 of the Canadian Charter of Rights and Freedoms</span> Charter applies to territorial governments

Section 30 of the Canadian Charter of Rights and Freedoms is a section that, like other provisions within the section 25 to section 31 block, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. It addresses how the Charter applies in the territories of Canada. In 1982, when it became law, these were the Northwest Territories and the Yukon Territory. The Yukon Territory is now called Yukon, and Nunavut was created from the eastern Northwest Territories to become Canada's third territory in 1999.

<span class="mw-page-title-main">Canadian immigration and refugee law</span>

Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties.

Yukon Jack is a liqueur, made from Canadian whisky and honey. It is named after the pioneer Leroy Napoleon 'Jack' McQuesten. In Canada, it is 40% alcohol by volume, whereas in the United States, it is 50% ABV. The origin of the liqueur is unknown, but it was advertised in Maryland in the United States as early as 1946, later imported by Heublein Inc in the 1970s. It is now owned by the Sazerac Company. Yukon Jack was selected as the regimental liqueur used for special occasions and commemorations for the South Alberta Light Horse and the 19th Alberta Dragoons.

The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case.

<span class="mw-page-title-main">Merchant Shipping Act 1995</span> United Kingdom legislation

The Merchant Shipping Act 1995 is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.

<span class="mw-page-title-main">Port of Vancouver</span> Port in British Columbia, Canada

The Port of Vancouver is the largest port in Canada and the fourth largest in North America by tonnes of cargo, facilitating trade between Canada and more than 170 world economies. The port is managed by the Vancouver Fraser Port Authority, which was created in 2008 as an amalgamation of the former Port of Vancouver, the North Fraser Port Authority, and the Fraser River Port Authority. It is the principal authority for shipping and port-related land and sea use in the Metro Vancouver region.

Transport law is the area of law dealing with transport. The laws can apply very broadly at a transport system level or more narrowly to transport things or activities within that system such as vehicles, things and behaviours. Transport law is generally found in two main areas:

<span class="mw-page-title-main">Canadian privacy law</span> Privacy law in Canada

Canadian privacy law is derived from the common law, statutes of the Parliament of Canada and the various provincial legislatures, and the Canadian Charter of Rights and Freedoms. Perhaps ironically, Canada's legal conceptualization of privacy, along with most modern legal Western conceptions of privacy, can be traced back to Warren and Brandeis’s "The Right to Privacy" published in the Harvard Law Review in 1890, Holvast states "Almost all authors on privacy start the discussion with the famous article 'The Right to Privacy' of Samuel Warren and Louis Brandeis".

The Deep Geologic Repository Project (DGR) was a proposal by Ontario Power Generation (OPG) in 2002 for the site preparation, construction, operation, decommissioning and abandonment of a deep geological radioactive waste disposal facility for low and intermediate-level radioactive waste (L&ILW). In 2005, the municipality of Kincardine, Ontario volunteered to host the facility located on the Bruce nuclear generating station adjacent to OPG's Western Waste Management Facility (WWMF). The facility would have managed L&ILW produced from the continued operation of OPG-owned nuclear generating stations at the Bruce, Pickering Nuclear Generating Station and Darlington Nuclear Generating Station in Ontario. In May 2020, after 15 years of environmental assessment, OPG withdrew its application for a construction license on Saugeen Ojibway Nation Territory.

Rail regulations in Canada are set by Transport Canada and the Canadian Transportation Agency. The 2007 "Railway Safety Act Review" was commissioned by the Minister of Transport and its report provides much-needed background to this article, especially section 4.3. The governance of railways in Canada is complex and has many tiers: Acts of Parliament, Regulations, Rules, and Directives are only some of the instruments that impact this industry.

<i>Fisheries Act</i> (Canada)

The Fisheries Act is legislation enacted by the Parliament of Canada, governing the powers of government to regulate fisheries and fishing vessels. The act has been undergoing major regulatory revisions in recent years, including those attached to treaty rights of Miꞌkmaq in Atlantic Canada. The Minister designated under the Act is the Ministers of Fisheries, Oceans and the Canadian Coast Guard.

<span class="mw-page-title-main">Oceans Act (Canada)</span> Legislation regarding the waters around Canada

The Oceans Act is a law enacted by the Parliament of Canada, and addresses Canada's self-definition of its territorial waters, exclusive economic zones, and other maritime boundaries. It additionally governs the creation of marine protected zones, the powers of the Canadian Minister of Fisheries and Oceans, and houses the legislative enactment the Canadian Coast Guard.

<i>Financial Administration Act</i>

The Financial Administration Act is legislation enacted by the Parliament of Canada, governing financial administration of the government, public assets, the estimates process, the Department of Finance, the Treasury Board of Canada and Crown Corporations. The Government of Canada has described the act as the "cornerstone of the legal framework for general financial management and accountability of public service organizations and Crown corporations."

References

  1. 1 2 3 4 Cameron, E. C. (1929). "The Canada Shipping Act". The Canadian Bar Review. 11: 111–116. Archived from the original on 2023-07-01. Retrieved 2023-07-04.
  2. 1 2 3 4 5 McDorman, Theodore L. (1983). "The History of Shipping Law in Canada: The British Dominance". Dalhousie Law Journal. 7 (3): 620–652.
  3. "Shipping Industry | The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Archived from the original on 2023-06-16. Retrieved 2023-07-02.
  4. Canada Shipping Act. Section 6. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-1.html#h-50792 Archived 2023-03-06 at the Wayback Machine
  5. Canada Shipping Act. Section 10. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-1.html#h-50792
  6. Canada Shipping Act. Section 11-16. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-2.html#docCont Archived 2023-04-23 at the Wayback Machine
  7. Canada Shipping Act. Part 2. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-5.html#h-50792
  8. 1 2 Canada Shipping Act. Parts 3-4. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-7.html#h-50792
  9. Canada Shipping Act. Parts 5-6. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-10.html#h-50792
  10. Canada Shipping Act. Part 8-9. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-12.html#h-50792
  11. Canada Shipping Act. Parts 11-12. https://laws-lois.justice.gc.ca/eng/acts/C-10.15/page-17.html#h-50792
  12. 1 2 Branch, Legislative Services (2023-06-23). "Consolidated federal laws of Canada". laws-lois.justice.gc.ca. Archived from the original on 2023-06-23. Retrieved 2023-07-02.
  13. The Canadian Press (11 October 2019). "Prosecutors overstated penalties Linda O'Leary faces if convicted in boat crash". CBC. Archived from the original on 14 September 2020. Retrieved 4 July 2023.
  14. "Linda O'Leary found not guilty of careless driving in fatal Ontario boat crash | Globalnews.ca". Global News. Archived from the original on 2022-10-30. Retrieved 2023-07-02.
  15. "Owner of MV Marathassa charged for 2015 oil spill in Vancouver's English Bay". The Globe and Mail. 2017-03-29. Archived from the original on 2020-11-12. Retrieved 2023-07-02.
  16. Gehlen, Borden Ladner Gervais LLP-Jacob; Williams, Rick (2019-04-11). "MV Marathassa acquitted of all charges resulting from 2015 English Bay pollution". Lexology. Archived from the original on 2023-07-04. Retrieved 2023-07-02.