Law:Canada Shipping Act, 2001

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S.c. 2001, c. 26

Assented to 2001-11-01

An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Canada Shipping Act, 2001.


Interpretation

Definitions

2. The definitions in this section apply in this Act.

“adjudicator”(Repealed, 2001, c. 29, s. 72)

“authorized representative”

« représentant autorisé »

“authorized representative” means, in respect of a Canadian vessel, the person referred to in subsection 14(1) and, in respect of a foreign vessel, the master.

“bare-boat charter”

« affrètement coque nue »

“bare-boat charter” means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew.

“Canadian maritime document”

« document maritime canadien »

“Canadian maritime document” means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part.

“Canadian vessel”

« bâtiment canadien »

“Canadian vessel” means a vessel registered or listed under Part 2 (Registration, Listing and Recording).

“foreign vessel”

« bâtiment étranger »

“foreign vessel” means a vessel that is not a Canadian vessel or a pleasure craft.

“government vessel”

« bâtiment d’État »

“government vessel” means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right.

“gross tonnage”

« jauge brute »

“gross tonnage”means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h).

“master”

« capitaine »

“master” means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act.

“oil handling facility”

« installation de manutention d’hydrocarbures »

“oil handling facility” means a facility, including an oil terminal, that is used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.

“passenger”

« passager »

“passenger” means a person carried on a vessel by the owner or operator, other than

(a) a person carried on a Safety Convention vessel who is

(i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

(ii) under one year of age;

(b) a person carried on a vessel that is not a Safety Convention vessel who is

(i) the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

(ii) a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

(c) a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

(d) a person of a prescribed class.

“pleasure craft”

« embarcation de plaisance »

“pleasure craft” means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.

“prescribed”

Version anglaise seulement“prescribed” means prescribed by regulations made by the Governor in Council.

“qualified person”

« personne qualifiée »

“qualified person” means

(a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

(b) a corporation incorporated under the laws of Canada or a province.

“Register”

« Registre »

“Register” means the Canadian Register of Vessels established under section 43.

“Safety Convention vessel”

« bâtiment assujetti à la Convention sur la sécurité »

class="Defin“Safety Convention vessel” means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies.

“Tribunal”

« Tribunal »

“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.

“vessel”

« bâtiment »

“vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class.

“wages”

« gages »

“wages” includes emoluments.

2001, c. 26, ss. 2, 323, c. 29, s. 72.

Previous VersionDescriptive cross-references

3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

Regulations

4. The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.

2001, c. 26, s. 4; 2005, c. 29, s. 15.

Previous Version

Part 1. General

Her Majesty

Binding on Her Majesty

5. Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.


Objectives

Objectives of Act

6. The objectives of this Act are to

(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

(b) promote safety in marine transportation and recreational boating;

(c) protect the marine environment from damage due to navigation and shipping activities;

(d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

(e) promote an efficient marine transportation system;

(f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

(g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

(h) encourage the harmonization of marine practices; and

(i) establish an effective inspection and enforcement program.


Application

Exclusion

7. (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.

Regulations

(2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.

Conflicts with foreign rules

(3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.

Application of this Part

8. This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters, but regulations made under paragraph 35(1)(d) in respect of pollution apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada.


Ministerial Responsibility

Role of Minister of Transport

9. Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.


Powers of Ministers

General

10. (1) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

(a) establish consultative bodies;

(b) issue bulletins, guidelines and standards; and

(c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act or the regulations and authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.

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, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facility from the application of any provision of this Act or the regulations, 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 interest of public health or safety.

Exemption

(3) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is en route through Canadian waters but is not en route to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention — Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.

Publication

(4) Notice of every exemption granted under subsection (2) or (3) must be published in the Canada Gazette.

Authorization

(5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.

2001, c. 26, s. 10; 2003, c. 22, s. 224(E).

Previous Version

Inspections by Marine Safety Inspectors and Others

Appointment of marine safety inspectors

11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

Authorizations

(2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:

(a) inspections of hulls;

(b) inspections of machinery;

(c) inspections of equipment;

(d) inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and

(e) inspections of cargo.

Certificate

(3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.

Duties and powers

(4) A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector’s certificate of designation.

Immunity

(5) Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

Authorizing others to inspect

12. (1) The Minister of Transport may authorize any person, 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, classification society or other organization is qualified to issue the document or carry out the inspection.

Certificate of authorization

(2) The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4).

Inspection records

(3) A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister.

Delivery of report

(4) A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector.

Immunity

(5) The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act.

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.


Authorized Representative

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.

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.

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.

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.

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).

15. (Repealed, 2001, c. 29, s. 72)

Previous Version

Canadian Maritime Documents

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.

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.

Cheating

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

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).

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

(a) confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

(b) indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

(6)�(Repealed, 2001, c. 29, s. 72)

2001, c. 26, s. 16, c. 29, s. 72.

Previous VersionRequest for review

16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if

(a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and

(b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).

Time and place for review

(2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.

Review procedure

(3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Person not compelled to testify

(4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.

Determination

(5) The member may

(a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or

(b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.

2001, c. 29, s. 72.

Period of validity

17. (1) Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.

Possession

(2) Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).

Production of document

18. Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

Lost documents

19. If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.

Suspension, cancellation and refusal to renew

20. (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that

(a) the requirements for the issuance of the document are no longer met;

(b) a term or condition attached to the document has been contravened;

(c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact;

(d) the holder of the document has not paid a fine or penalty imposed on them under this Act;

(e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering;

(f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member,

(i) the master or crew member is incompetent or has committed an act of misconduct,

(ii) 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

(iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or

(g)  in the case of a refusal to renew,

(i) the applicant has not paid a fee set under paragraph 35(1)(g) in respect of the issuance of the document, or

(ii) 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.

Return of document

(2) If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.

2001, c. 26, s. 20, c. 29, s. 72.

Previous VersionNotice before suspension or cancellation

20.1 The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation. The notice must

(a) provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and

(b) indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

2001, c. 29, s. 72.

Exception

20.2 (1) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.

Decision within 24 hours

(2) An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.

Appeal

(3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

Decision within 48 hours

(4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.

2001, c. 29, s. 72.

Notice after suspension, cancellation or refusal to renew

20.3 Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that

(a) confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and

(b) indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

2001, c. 29, s. 72.

Request for review

20.4 (1) Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.

Exception

(2) A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)(d) or subparagraph 20(1)(g)(i).

Effect of request

(3) The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.

Time and place for review

(4) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.

Review procedure

(5) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Person not compelled to testify

(6) In a review of a decision made under paragraph 20(1)(e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.

Determination

(7) The member may

(a) in the case of a decision made under paragraph 20(1)(e) or subparagraph 20(1)(f)(ii) or (iii), confirm the Minister of Transport’s decision or substitute his or her own determination; and

(b) in any other case, confirm the Minister of Transport’s decision or refer the matter back to the Minister for reconsideration.

2001, c. 29, s. 72.

Right of appeal

20.5 (1) The applicant for, or holder of, a Canadian maritime document may appeal to the Tribunal a determination made under subsection 16.1(5) or 20.4(7), and the Minister of Transport may appeal to the Tribunal a determination made under paragraph 16.1(5)(a) or 20.4(7)(a). The time limit for making an appeal is 30 days after the determination.

Loss of right of appeal

(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

Disposition of appeal

(3) The appeal panel of the Tribunal assigned to hear the appeal may

(a) in the case of a determination made under paragraph 16.1(5)(a) or 20.4(7)(a), dismiss the appeal, or allow the appeal and substitute its own decision; or

(b) in the case of a determination made under paragraph 16.1(5)(b) or 20.4(7)(b), dismiss the appeal or refer the matter back to the Minister of Transport for reconsideration.

2001, c. 29, s. 72.


Other Documents

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.

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.


General Prohibitions

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.


Tonnage Measurers

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.

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.


Marine Technical Review Board

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.

Members of the Board

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

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.

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.

Delegation

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

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.

Striking panels

27. (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

Constitution

(2) Each panel consists of the Chair and the persons appointed by the Chair.

Expertise

(3) Any person to be appointed to a panel, other than a Vice-Chair, must have expertise in the matter in respect of which the panel is struck.

Fee and expenses

(4) Each panellist may be paid

(a) an amount fixed by the Minister of Transport for each day or part of a day that the panellist is performing duties under section 28, unless they are employed in the federal public administration; and

(b) reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

Casting vote

(5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.

Panel decisions

(6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.

2001, c. 26, s. 27; 2003, c. 22, s. 224(E).

Previous VersionApplication

28. (1) Any person may, in respect of a requirement set out in a provision of the regulations made under this Act 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.

Form and manner

(2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

Further evidence

(3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.

Grant of application

(4) If the panel struck to decide the application is satisfied that the exemption or replacement is in the public interest and would not jeopardize marine safety or the marine environment and, in the case of an application to replace a requirement with respect to safety, the replacement would result in an equivalent or greater level of safety, the panel is to issue a decision granting the application, subject to any conditions and for the period that the panel considers appropriate.

Applicant to be notified

(5) The Chair is to notify the applicant of the decision to grant or deny the application.

Publication

(6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

Duty to inform

(7) If a person has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the person shall inform the Chair without delay.

Decisions based on false or misleading information

(8) If the Chair has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.

Contravention

(9) A contravention of a requirement that is substituted for another requirement as a result of a panel decision under subsection (4) is deemed to be a contravention of the original requirement.

Rules

(10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

Annual report

(11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board’s operations in that year.


International Conventions, Protocols and Resolutions

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.

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.

Codes and guidelines

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

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.

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.

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.


Incorporation by Reference

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.

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.

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.

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.

Incorporation as amended from time to time

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

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.

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.

Defence

33. For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention,

(a) the material was reasonably accessible to the person or vessel;

(b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or

(c) the material had been published in the Canada Gazette.


Orders and Directions

In writing

34. (1) If this Act requires or authorizes an order or a direction to be given or made by the Minister of Transport to a person who is not an official of the Department of Transport, the order or direction must be given or made in writing.

Statutory Instruments Act

(2) An order or direction referred to in subsection (1) is deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.


Regulations

Regulations — Minister of Transport

35. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

(a)�(Repealed, 2001, c. 29, s. 72)

(b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

(c)�(Repealed, 2001, c. 29, s. 72)

(d) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 1, as amended from time to time, including regulations

(i) implementing it in respect of persons, vessels or oil handling facilities to which it does not apply,

(ii) establishing stricter standards than it sets out, or

(iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

(e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck), 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) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

(f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 7 (Wreck), 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) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); and

(g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck) other than section 163, 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) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1).

Aircraft

(2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

Regulations — Minister of Fisheries and Oceans

(3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

(a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations

(i) implementing it in respect of persons or vessels to which it does not apply,

(ii) establishing stricter standards than it sets out, or

(iii) estalishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

(b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

(c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

(d) respecting the setting and payment of fees for services provided in the administration of

(i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

(ii) regulations made under subsection 136(2).

2001, c. 26, s. 35, c. 29, s. 72; 2005, c. 29, s. 16.

Previous Version

Fees

Debt due to Her Majesty

36. (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

Payment of fees

(2) If a fee is imposed under paragraph 35(1)(g) or (3)(d)

(a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee and any interest payable on it;

(b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally or solidarily liable for payment of the fee and any interest payable on it; and

(c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally or solidarily liable for payment of the fee and any interest payable on it.

Seizure and detention for charges

(3) If the amount of a fee, or of interest due on it, owed by an authorized representative of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

Release on security

(4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.


Offences and Punishment

Contravention of section 23

37. Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Contravention of regulations made under paragraph 35(1)(d) or (3)(a)

38. (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Exception

(2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.

Contravention of Act

39. (1) Every person commits an offence who contravenes

(a) subsection 17(2) (improper possession of a Canadian maritime document); or

(b) subsection 28(7) (inform Chair without delay).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Contravention of Act or regulations

40. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) subsection 16(3) (cheating on an exam);

(b) section 18 (failure to produce Canadian maritime document);

(c) subsection 20(7) (failure to return suspended or cancelled Canadian maritime document); and

(d) a provision of the regulations made under paragraph 35(1)(e) or (3)(b).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.


Part 2. Registration, Listing And Recording

Interpretation

Definition of “Minister”

41. In this Part, “Minister” means the Minister of Transport.


Canadian Register of Vessels and Registrars

Appointment of Chief Registrar

42. An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.

Duties and powers of Chief Registrar

43. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.

Records

(2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel, including its description, its official number, the name and address of its owner and, except in the case of a vessel registered in the small vessel register, details of all mortgages registered in respect of it.

Registrars

44. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

Duties of registrars

(2) A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.

Immunity

45. The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.


Registration, Listing and Recording

Mandatory registration of vessels

46. (1) A vessel must be registered under this Part if it

(a) is not a pleasure craft;

(b) is wholly owned by qualified persons; and

(c) is not registered, listed or otherwise recorded in a foreign state.

Obligation of owner

(2) Every owner of a vessel described in subsection (1) shall ensure that it is registered under this Part.

Mandatory registration — government vessels

(3) Every government vessel must be registered under this Part.

Optional registration

47. Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:

(a) a pleasure craft that is wholly owned by qualified persons;

(b) a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,

(i) a subsidiary of the corporation incorporated under the laws of Canada or a province,

(ii) an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or

(iii) a ship management company incorporated under the laws of Canada or a province; and

(c) a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

Bare-boat chartered vessels

48. A vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.

Vessels under construction

49. A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.

Vessels built outside Canada

50. Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.


Application

Application

51. (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

Further evidence

(2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.


Names of Vessels

Before registration or listing

52. (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed.

Approval of names

(2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel.

Disallowance of names

(3) The Chief Registrar must disallow a name if

(a) it is the same as the name of a Canadian vessel;

(b) it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal;

(c) it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or

(d) its use is prohibited under an Act of Parliament.

Requiring renaming

(4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.


Ownership of Vessels

Shares

53. (1) For the purposes of registration, the property in a vessel is divided into 64 shares.

Registered owners

(2) Subject to subsections (3) and (4), only owners or joint owners of a vessel or of one or more shares in a vessel may be registered in the Register as owners of the vessel or shares, as the case may be.

Registered owners — financing agreements

(3) In the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the persons referred to in that paragraph are to be registered in the Register as the owners of the vessel.

Bare-boat charterers

(4) In the case of a vessel described in section 48 (a bare-boat chartered vessel), no person may be registered in the Register as an owner of the vessel.

Registration of joint owners

(5) No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel.

Disposition of registered joint interests

(6) A registered jointly owned interest in a vessel or a share in a vessel may be disposed of only by the joint owners acting together.

Registration of fractions prohibited

(7) No person may be registered as the owner of a fractional part of a share in a vessel.

No effect on beneficial owners

(8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a vessel or a share in a vessel.

Trusts not recognized

(9) No notice of a trust may be entered in the Register.


Certificates

Certificates of registry

54. (1) If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a vessel, the Chief Registrar must register or list the vessel, as the case may be, in the Register and issue a certificate of registry.

Information

(2) Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including

(a) its description;

(b) its official number; and

(c) the name and address of

(i) in the case of a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), the authorized representative,

(ii) in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer, and

(iii) in any other case, its owner and the authorized representative.

Period of validity

(3) Every certificate of registry is valid for the period specified by the Chief Registrar.

Provisional certificates

55. (1) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is required or entitled to be registered under this Part if

(a) the vessel is in a foreign port and a person intends to register it under this Part; or

(b) the vessel is in a port in Canada and the Chief Registrar is satisfied that permission to operate the vessel should be granted before a certificate of registry can be issued.

Issuance

(2) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the vessel needs to undergo sea trials.

Validity

(3) A provisional certificate is valid for the purpose and the period specified by the Chief Registrar.

Application

(4) An application for a provisional certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

Lost certificates

56. If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.


Marking

Marking

57. (1) The authorized representative of a Canadian vessel shall, in the form and manner specified by the Chief Registrar, mark the vessel with its official number and any other information that the Chief Registrar specifies.

Validity of certificate of registry

(2) A vessel’s certificate of registry is not valid until the vessel has been marked in accordance with subsection (1).

Maintenance of markings

(3) The authorized representative shall ensure that the vessel is kept marked.

Defacing, etc., markings

(4) No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.


Notifying Chief Registrar

Notification of changes

58. (1) The authorized representative of a Canadian vessel shall notify the Chief Registrar within 30 days after any of the following occurs:

(a) the vessel is lost, wrecked or removed from service;

(b) there has been a change in the owner’s, the authorized representative’s or a registered mortgagee’s name or address;

(c) the information provided with the application under section 51 has changed; or

(d) in the case of a vessel described in section 48 (a bare-boat chartered vessel),

(i) the right to fly the flag of the foreign state is reinstated, or

(ii) the charterer ceases to have complete control and possession of the vessel.

Notification of alterations

(2) If a Canadian vessel is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative shall, within 30 days after the alteration, notify the Chief Registrar and provide the Chief Registrar with the relevant information and documents.

Notification of changes

(3) If for any reason a Canadian vessel does not have an authorized representative, its owner shall

(a) notify the Chief Registrar of that fact as soon as possible in the circumstances; and

(b) notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

Notification of completion of construction

(4) Within 30 days after completion of the construction of a vessel that is recorded as being built in Canada, the person in whose name the vessel is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.


Maintenance of Register

Amendments

59. The Chief Registrar may amend the Register or a certificate of registry to give effect to changes of which the Chief Registrar has been notified under section 58 or to correct any clerical errors or obvious mistakes.


Suspension, Cancellation and Reinstatement of Registration

Suspension and cancellation

60. (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian vessel if

(a) it is not marked in accordance with subsection 57(1);

(b) its certificate of registry has expired;

(c) it does not have an authorized representative; or

(d) section 58 has not been complied with.

Cancellation

(2) Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian vessel if

(a) it has been lost, wrecked or removed from service;

(b) it is no longer required or entitled to be registered or entitled to be listed under this Part; or

(c) in the case of a registered vessel, a tonnage certificate provided by a tonnage measurer indicates that the vessel should be re-registered.

Notice before cancellation

(3) If a Canadian vessel is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees

(a) notice of the change in ownership; and

(b) an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the vessel or shares in the vessel to a qualified person or to make an application under section 74.

Cancellation of registration

(4) Except in the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the Chief Registrar must cancel the registration of a vessel if a person who acquires the vessel or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the vessel is required or entitled to be registered under this Part.

Registration of mortgages not affected

61. The cancellation of the registration of a vessel does not affect the registration of mortgages in respect of the vessel.

Reinstatement

62. The Chief Registrar may reinstate the registration or listing of a vessel if, in the Chief Registrar’s opinion, the registration or listing of the vessel should not have been cancelled.


Custody of Certificates of Registry and Provisional Certificates

Carrying on board

63. (1) Subject to subsection (3), no person shall operate a vessel in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board.

Delivery of certificate

(2) A person who is in possession of a vessel’s certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the vessel.

Delivery of certificate

(3) A person who is in possession of a certificate of registry or a provisional certificate issued under this Part shall deliver it to the Chief Registrar on request.

Detention of certificate

(4) A certificate of registry or provisional certificate is not subject to detention because of any title to, lien on, charge on or interest in the vessel that is claimed by an owner, a mortgagee, a charterer or an operator of the vessel, or by any other person.


Rights and Obligations

Right to fly Canadian flag

64. (1) A Canadian vessel has the right to fly the Canadian flag.

Obligation to fly flag

(2) The master of a Canadian vessel, other than one registered in the small vessel register, shall ensure that it flies the Canadian flag

(a) when signalled to do so by a government vessel or a vessel under the command of the Canadian Forces; or

(b) when entering or leaving, or while moored at or anchored in, a port.

Exception

(3) The Chief Registrar may, on application, suspend the registration of a Canadian vessel in respect of the right to fly the Canadian flag while the vessel is shown on the registry of a foreign state as a bare-boat chartered vessel.


Mortgages

Mortgage of vessel or share

65. (1) The owner of a vessel registered under this Part other than in the small vessel register, of a share in such a vessel or of a vessel recorded as being built in Canada may give the vessel or share, as the case may be, as security for a mortgage to be registered under this Part.

Filing of mortgage

(2) A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.

Date and time of registration

(3) A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.

Entry of discharge of mortgage

66. On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

Priority of mortgages

67. (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.

Consent to change in priority

(2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

Mortgagee not treated as owner

68. A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.

Mortgagee has power of sale

69. (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share.

Restriction

(2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.

Mortgage not affected by bankruptcy

70. The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.

Transfer of mortgages

71. (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument effecting the transfer must be filed in the form and manner specified by the Chief Registrar.

Entry of particulars

(2) The Chief Registrar is to enter the particulars of the transfer in the Register.

Transmission of interest of mortgagee

72. (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.

Entry of particulars

(2) The Chief Registrar is to enter the particulars of the transmission in the Register.


Transfers of Vessels or Shares in Vessels

Transfer

73. If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,

(a) the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and

(b) the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

Order for sale on acquisition by an unqualified person

74. If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.

Power of court to prohibit transfer

75. On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.


Entries

Copies of entries

76. A person may examine or obtain copies of any entries in the Register with respect to a vessel.


Regulations

Regulations

77. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the registration, listing and recording of vessels;

(b) respecting the issuance and renewal of certificates of registry;

(c) respecting the suspension and cancellation of the registration or listing of a Canadian vessel;

(d) respecting the naming and marking of vessels;

(e) respecting the port of registration;

(f) respecting the form and manner of notifying the Chief Registrar under section 58;

(g) respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;

(h) respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and

(i) prescribing anything that may be prescribed under this Part.


Offences and Punishment

Contravention of Act or regulations

78. (1) Every person commits an offence who contravenes

(a) subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or

(b) a provision of the regulations made under paragraph 77(h).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Contravention of Act or regulations

79. (1) Every person commits an offence who contravenes

(a) subsection 46(2) (register vessel);

(b) an order made under subsection 52(4) (renaming of vessel);

(c) subsection 57(1) (mark vessel);

(d) subsection 57(3) (maintenance of markings);

(e) subsection 58(1) (notify of changes — authorized representative);

(f) subsection 58(2) (notify of alteration — authorized representative);

(g) subsection 58(3) (notify if no authorized representative — owner);

(h) subsection 58(4) (notify of completion of construction);

(i) subsection 63(1) (operation of vessel without a certificate on board);

(j) subsection 63(2) (deliver certificate to person entitled to operate vessel);

(k) subsection 63(3) (deliver certificate to Chief Registrar);

(l) subsection 64(2) (fly Canadian flag); or

(m) a provision of the regulations made under any of paragraphs 77(a) to (g).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

Continuing offence

(3) If an offence under paragraph (1)(a) or (c) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.


Part 3. Personnel

Interpretation

Definition of “Minister”

80. In this Part, “Minister” means the Minister of Transport.


Application

Canadian vessels

81. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere. Subsections 86(2) to (4) also apply in respect of foreign vessels in Canadian waters.


Masters

Presentation of documents

82. (1) The master of a Canadian vessel shall ensure that every person who is employed in a position on board presents to the master all Canadian maritime documents that they are required under this Part to have for that position.

Sufficient and competent staff

(2) No master of a Canadian vessel shall operate it unless it is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage, and is kept so staffed during the voyage.

Obstruction prohibited

(3) No crew member shall wilfully obstruct a master’s operation of a Canadian vessel unless the master is, without just cause, putting at risk the safety of the vessel or of any person on board.

Detention of persons

83. (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property.

Custody

(2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer.

Use of force on a voyage

(3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.


Stowaways and Other Persons

Liable for discipline

84. Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.


Contract of Employment

Masters’ contracts

85. (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

Crew members’ contracts

(2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

Exception

(3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel’s being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.


Liens and Claims

Liens

86. (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.

Foreign liens

(2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.

Liens for necessaries

(2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.

Claims

(3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1).

Priority

(4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than

(a) claims for costs relating to the arrest and the judicial sale of the vessel; or

(b) any lien arising from a claim for salvage in respect of the vessel.

Priority — liens for necessaries

(5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

(a) liens conferred by subsection (1) or (2);

(b) claims for costs relating to the arrest and the judicial sale of the vessel; or

(c) any lien arising from a claim for salvage in respect of the vessel.


Certificates

Positions on board Canadian vessels

87. Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions.

Eligibility

88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.

Foreign certificates of competency

(2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister.

2001, c. 26, ss. 88, 323.

Acceptance of foreign certificates

89. (1) If the government of a foreign state has entered into a reciprocal arrangement with the Government of Canada to accept certificates of competency issued under this Part in lieu of certificates of competency of that state and if the Minister is satisfied that the requirements under the laws of the foreign state for a certificate of competency meet or exceed the requirements under this Act, the Minister may direct, subject to any conditions that the Minister specifies, that the foreign certificate may be accepted in lieu of a certificate of competency issued under this Part.

Suspension or cancellation

(2) A foreign certificate that is accepted under subsection (1) may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister as though it were a Canadian maritime document, and the holder of any certificate so suspended or cancelled must deliver it to the Minister, who must then return it to the authority that issued it.


Medical or Optometric Information

Minister to be provided with information

90. (1) If a physician or an optometrist believes on reasonable grounds that the holder of a certificate issued under this Part has a medical or optometric condition that is likely to constitute a hazard to maritime safety, the physician or optometrist shall inform the Minister without delay of that opinion and the reasons for it.

Patient to advise

(2) The holder of a certificate issued under this Part in respect of which standards of medical or optometric fitness are required shall, before being examined by a physician or an optometrist, advise the physician or optometrist that they hold the certificate.

Use by Minister

(3) The Minister may use any information provided under subsection (1) for the purpose of determining whether the holder of a certificate meets the requirements in respect of that certificate.

No proceedings shall lie

(4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything they do in good faith in compliance with this section.

Deemed consent

(5) The holder of a certificate is deemed, for the purposes of this section, to have consented to the Minister being informed under subsection (1) in the circumstances referred to in that subsection.


Articles of Agreement, Discharge and Record of Sea Service

Articles of agreement

91. (1) The master of a vessel who is required by the regulations made under this Part to enter into articles of agreement shall

(a) ensure that every crew member has entered into and received articles of agreement, in the form and manner specified by the Minister, with respect to their position on the vessel; and

(b) display, in a location that is accessible to the crew, the provisions of the articles of agreement that are common to each crew member.

Information

(2) The articles of agreement between the master and a crew member must state the surname and other names of the crew member, the respective rights and obligations of each of the parties and any other information required by the regulations made under this Part.

Discharge

92. When a crew member of a Canadian vessel is discharged, the authorized representative shall provide the member with a certificate of discharge in the form and manner specified by the Minister.

Record of sea service

93. (1) The authorized representative and every crew member of a Canadian vessel shall each maintain, in the form and manner and for the period specified by the Minister, a record of sea service of the member.

Copies to the Minister

(2) On request, the authorized representative shall provide the Minister with a copy of, or an extract from, a crew member’s record of sea service.


Return of Crew Members

Return and payment of expenses

94. (1) Subject to the regulations and except in the case of desertion or mutual agreement, if a crew member is left behind when a Canadian vessel sails or is shipwrecked, the authorized representative shall ensure that arrangements are made to return the crew member to the place where they first came on board or to another place to which they have agreed, and pay the expenses of returning the crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.

Exception if insurance

(2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid.

If authorized representative does not comply

(3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.

Desertion or serious violation of contract

95. If a crew member deserts a Canadian vessel or has committed a serious violation of their contract of employment, the authorized representative or, if the authorized representative entered into an agreement with another person to provide the crew member, that person may return the crew member to the place where they first came on board or to another place on which they and the authorized representative or the other person, as the case may be, have agreed. The expenses of returning the crew member may be deducted from any remuneration due to them.


Births and Deaths

Informing the Minister

96. The authorized representative of a Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of every birth or death on board.

Death of crew member

97. (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall

(a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and

(b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.

Cremation or burial

(2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known.

Exceptional circumstances

(3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body.

Property of a deceased crew member

(4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.


Obligation of Persons Who Provide Crew Members

If an agreement to provide crew members

98. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in

(a) paragraph 91(1)(a) (enter into articles);

(b) section 92 (provide certificate of discharge);

(c) subsection 93(1) (maintain record of sea service);

(d) subsection 93(2) (provide copy of record of sea service); and

(e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.


Resolution of Disputes

Adjudication by Minister

99. The Minister may, on the request of the authorized representative and a crew member of a Canadian vessel, adjudicate any dispute between them that arises under this Part. The Minister’s decision is binding on the parties.


Regulations

Regulations

100. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;

(b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;

(c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;

(d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;

(e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;

(f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;

(g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1);

(h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;

(i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;

(j) specifying the information that must be contained in articles of agreement;

(k) specifying what constitutes a serious violation of a contract of employment;

(l) respecting any occupational health or safety matter on board a vessel that is not regulated by the Canada Labour Code; and

(m) respecting the payment and allotment of crew members’ wages.


Offences and Punishment

Contravention of Act or regulations

101. (1) Every person commits an offence who contravenes

(a) subsection 82(2) (operating a vessel without sufficient and competent crew);

(b) subsection 82(3) (wilfully obstructing the operation of a vessel); or

(c) a provision of the regulations made under any of paragraphs 100(a) to (i) and (k) to (m).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Continuing offence

(3) If an offence under subsection (1) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

Contravention of Act

102. (1) Every person commits an offence who contravenes

(a) section 87 (hold certificate or document and comply with its terms and conditions);

(b) subsection 90(1) (inform Minister of medical opinion);

(c) subsection 90(2) (inform that holder of a certificate);

(d) subsection 94(1) (pay expenses);

(e) subsection 97(1), (2), (3) or (4) (take measures following a death); or

(f) paragraph 98(e) (failure to pay expenses).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Contravention of Act or regulations

103. (1) Every person commits an offence who contravenes

(a) subsection 82(1) (ensure employees present Canadian maritime documents);

(b) paragraph 91(1)(a) (enter into articles);

(c) paragraph 91(1)(b) (display articles);

(d) section 92 (provide certificate of discharge);

(e) subsection 93(1) (maintain record of sea service);

(f) subsection 93(2) (provide copy of record of sea service);

(g) paragraph 98(a) (enter into articles);

(h) paragraph 98(b) (provide certificate of discharge);

(i) paragraph 98(c) (maintain record of sea service);

(j) paragraph 98(d) (provide copy of record of sea service); or

(k) a provision of the regulations made under paragraph 100(j).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.


Part 4. Safety

Interpretation

Definition of “Minister”

104. In this Part, “Minister” means the Minister of Transport.


Application

Canadian vessels and foreign vessels

105. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.


Authorized Representatives

General duties

106. (1) The authorized representative of a Canadian vessel shall

(a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part;

(b) develop procedures for the safe operation of the vessel and for dealing with emergencies; and

(c) ensure that the crew and passengers receive safety training.

Duties re Canadian maritime documents

(2) The authorized representative of a Canadian vessel shall ensure that

(a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and

(b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met.


Masters

Obtaining Canadian maritime documents

107. The master of a Canadian vessel shall, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained.

Exemptions

108. (1) If the master of a Canadian vessel has had the vessel or its machinery or equipment inspected by an authority of a foreign state and that authority has issued a certificate that certifies that the vessel, machinery or equipment meets certain requirements of that state and the Minister is satisfied that those requirements meet or exceed the requirements for a Canadian maritime document required under this Part, the Minister may grant an exemption, for the period specified by the Minister, from the obligation to comply with subsection 106(2) and section 107 with respect to that certificate.

Issuance of certificates by foreign states

(2) The Minister may request the government of a state that is a party to a convention, protocol or resolution listed in Schedule 1 respecting the safety of vessels or of persons who are on board or are loading or unloading vessels to issue in respect of a Canadian vessel any certificate provided for by the convention, protocol or resolution. A certificate issued as a result of such a request and containing a statement that it has been so issued has effect for the purposes of this Act as if it had been issued under this Part and may be suspended or cancelled as though it were a Canadian maritime document.

Safety of persons

109. (1) The master of a vessel shall take all reasonable steps to ensure the safety of the vessel and of persons who are on board or are loading or unloading it while using equipment on it.

Protection from hazards

(2) If the master of a vessel is informed of a safety hazard, the master shall, unless the master determines that the hazard does not exist, take reasonable measures to protect the vessel and persons on board from the hazard, including eliminating it if feasible. If it is not feasible to eliminate it, the master of a Canadian vessel shall notify the authorized representative.

Carrying excess number of persons

110. (1) The master of a vessel shall ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention or protocol listed in Schedule 1.

Submerging load lines

(2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged.

Exception to subsection (1)

(3) Subsection (1) does not apply in respect of a person carried on board a vessel in pursuance of the obligation on the master to carry shipwrecked or distressed persons.

Compliance with directions

111. Every master shall comply with any direction given to the master by a marine safety inspector to cease any operation or procedure that, in the inspector’s opinion, poses an undue risk because of unsafe conditions.

Information to be sent respecting dangers to navigation

112. If the master of a Canadian vessel encounters dangerous ice, a dangerous derelict or other direct danger to navigation, a tropical storm, winds of a force of 10 or more on the Beaufort scale for which no storm warning has been received or subfreezing air temperatures associated with gale force winds and causing severe ice accretion on the superstructure of the vessel, the master shall give notice to all vessels in the vicinity and the prescribed authorities on shore of the danger.


Crew

Carrying out duties and reporting

113. Every crew member on board a vessel shall

(a) carry out their duties and functions in a manner that does not jeopardize the safety of the vessel or of any person on board;

(b) report to the master any safety hazards of which they become aware;

(c) report to the master any change in their circumstances that could affect their ability to carry out their duties and functions safely; and

(d) comply with lawful directions given by the master.

Compliance with directions

114. Every crew member on board a vessel shall comply with any direction given to them by a marine safety inspector to cease any operation or procedure that, in the inspector’s opinion, poses an undue risk because of unsafe conditions.


Passengers

Compliance with directions

115. (1) Every passenger on board a vessel shall comply with any direction that is given to them by the master or a crew member to carry out the provisions of this Act or the regulations.

Compliance with direction to leave a vessel

(2) Every passenger on board a vessel shall comply with a direction to leave the vessel that is given to them by the master before the vessel embarks on a voyage.


Authorized Representatives, Masters, Crew Members and Other Persons

When boarding a vessel prohibited

116. Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one

(a) without the permission or against the orders of the master or the person in charge of embarkation or disembarkation; or

(b) if there is no safe means of embarkation or disembarkation or every such means has been blocked.

2001, c. 26, s. 116; 2005, c. 29, s. 17.

Previous VersionTampering and vandalism

117. No person shall tamper with or vandalize a vessel or its machinery, equipment or notices or plans relating to emergency procedures, safety or navigation.

Jeopardizing safety

118. No person shall take any action that might jeopardize the safety of a vessel or of persons on board.


Construction of Vessels

In accordance with plans

119. Subject to the regulations, no person shall construct, manufacture or alter a vessel of a prescribed class otherwise than in accordance with plans approved by the Minister as having met the requirements of the regulations respecting the design and construction of vessels of that class.


Regulations

Regulations

120. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the safety of vessels or classes of vessels and of persons on board or loading or unloading a vessel, including regulations

(a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

(b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;

(c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a vessel’s or a class of vessels’ machinery, equipment and supplies;

(d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

(e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

(f) specifying the terms and conditions of certificates issued under this Part;

(g) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

(h) respecting load lines and draught marks on vessels or classes of vessels;

(i) respecting procedures and practices that must be followed;

(j) respecting compulsory routes and recommended routes;

(k) regulating or prohibiting the operation of vessels for the purpose of protecting persons, vessels, artificial islands, installations, structures, works, shore areas or environmentally sensitive areas;

(l) respecting the prevention of collisions in Canadian waters or waters in the exclusive economic zone of Canada;

(m) respecting arrangements for ensuring communication between persons in different parts of a vessel and between persons on board and other persons;

(n) respecting information and documents that must be supplied to the master and kept on board vessels or classes of vessels;

(o) respecting the marking of vessels and the posting of notices, plans and Canadian maritime documents to show information relating to safety and to emergency procedures;

(p) respecting the number of passengers that may be on board a vessel and their safety;

(q) respecting the illumination of docks or wharfs at which vessels are berthed;

(r) respecting shore-based gangways;

(s) respecting cargo; and

(t) prescribing anything that may be prescribed under this Part.

Application of regulations

(2) Regulations made under this section apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.

Aircraft

(3) Despite section 105, regulations referred to in paragraph (1)(k) or (l) may be made in respect of aircraft on or over Canadian waters.

Pleasure craft

(4) Despite section 105, regulations referred to in paragraph (1)(j), (k) or (l) may be made in respect of pleasure craft that ae in Canadian waters.

Contraventions of regulations

(5) Despite section 105, paragraph 121(1)(s) applies in respect of contraventions of regulations made under subsection (3) or (4).


Offences and Punishment

Contravention of Act or regulations

121. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 106(1)(a) (ensure vessel meets requirements);

(b) paragraph 106(1)(b) (develop emergency procedures);

(c) paragraph 106(1)(c) (ensure training);

(d) paragraph 106(2)(a) (ensure vessel inspected);

(e) paragraph 106(2)(b) (ensure terms and conditions met);

(f) section 107 (obtain certificates);

(g) subsection 109(1) (ensure safety);

(h) subsection 109(2) (protect from hazards and notify authorized representative);

(i) subsection 110(1) (too many persons);

(j) section 111 (master to comply with direction);

(k) section 112 (inform of danger);

(l) paragraph 113(a) (carry out duties and functions safely);

(m) paragraph 113(b) (report safety hazards);

(n) paragraph 113(c) (report change in circumstances);

(o) paragraph 113(d) (comply with lawful direction given by master);

(p) section 117 (tampering or vandalism);

(q) section 118 (jeopardizing safety);

(r) section 119 (constructing, manufacturing or altering a vessel not in accordance with approved plans); and

(s) a provision of the regulations made under this Part.

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Contravention of subsection 110(2)

122. Every person who contravenes subsection 110(2) (submerged load lines) commits an offence and is liable on summary conviction to a fine of not more than $500,000 in respect of each centimetre or part of a centimetre that the applicable load line is submerged or to imprisonment for a term of not more than 18 months, or to both.

Contravention of Act

123. (1) Every person commits an offence who contravenes

(a) section 114 (comply with direction);

(b) subsection 115(1) (passenger to comply with direction);

(c) subsection 115(2) (passenger to comply with direction to leave vessel);

(d) paragraph 116(a) (boarding or attempting to board without permission); or

(e) paragraph 116(b) (boarding or attempting to board after safety barriers are in place).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

When compliance agreement in effect

124. If an offence under any of sections 121 to 123 is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with a provision referred to in subsection 121(1), section 122 or subsection 123(1) will be carried out by the authorized representative or a person or an organization acting on their behalf, the amount of any fine imposed under that section may be doubled.


Part 5. Navigation Services

Interpretation

Definitions

125. The definitions in this section apply in this Part.

“aid to navigation”

« aide à la navigation »

“aid to navigation” means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation.

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans.

“VTS Zone”

« zone STM »

“VTS Zone” means a Vessel Traffic Services Zone established under paragraph 136(1)(a).


Vessel Traffic Services

Entering, leaving or proceeding within a VTS Zone

126. (1) Subject to subsection (4), no vessel of a prescribed class shall

(a) enter, leave or proceed within a VTS Zone without having previously obtained a clearance under this section; or

(b) proceed within a VTS Zone unless able to maintain direct communication with a marine communications and traffic services officer in accordance with the regulations.

Marine communications and traffic services officers

(2) The Minister may designate as marine communications and traffic services officers persons in the federal public administration who meet the requirements specified by the Minister.

Powers of officers

(3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,

(a) grant a clearance to the vessel to enter, leave or proceed within the VTS Zone;

(b) direct the master, pilot or person in charge of the deck watch of the vessel to provide, in the manner and at any time that may be specified in the direction, any pertinent information in respect of the vessel that may be specified in the direction;

(c) direct the vessel to use any radio frequencies in communications with coast stations or any other vessel that may be specified in the direction; and

(d) direct the vessel, at the time, between the times or before or after any event that may be specified in the direction,

(i) to leave the VTS Zone,

(ii) to leave or refrain from entering any area within the VTS Zone that may be specified in the direction, or

(iii) to proceed to or remain at any location within the VTS Zone that may be specified in the direction.

If vessel unable to communicate

(4) If a vessel

(a) is unable to obtain a clearance required by subsection (1) because of an inability to establish direct communication with a marine communications and traffic services officer, or

(b) after obtaining a clearance, is unable to maintain direct communication with a marine communications and traffic services officer,

the vessel may, subject to subsection (6), nevertheless proceed on its route.

Communication and obtaining clearance

(5) The master shall

(a) in the circumstances described in subsection (4), take all reasonable measures to communicate with a marine communications and traffic services officer as soon as possible; and

(b) in the circumstances described in paragraph (4)(a), obtain a clearance as soon as possible after direct communication is established.

Equipment failure

(6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall

(a) if it is in a port or anchorage where the equipment can be repaired, remain there until it is able to establish communication inccordance with the regulations; and

(b) if it is not in a port or anchorage where the equipment can be repaired, proceed to the nearest reasonably safe port or anchorage on its route when it is safe to do so and remain there until it is able to establish communication in accordance with the regulations.

2001, c. 26, s. 126; 2003, c. 22, s. 224(E).

Previous VersionVariations from requirements or conditions

127. (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(1)(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.

Contravention

(2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.


Aids to Navigation

Aids to navigation vest in Her Majesty

128. All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.

Obligation to report damage

129. (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

Obligation to report — navigation hazard

(2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.


Search and Rescue

Designation of rescue coordinators

130. (1) The Minister may designate persons as rescue coordinators to organize search and rescue operations.

Power of rescue coordinators

(2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a rescue coordinator may

(a) direct all vessels within an area that the rescue coordinator specifies to report their positions;

(b) direct any vessel to take part in a search for that person, vessel or aircraft or to otherwise render assistance;

(c) give any other directions that the rescue coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

(d) use any lands if it is necessary to do so for the purpose of saving the life of a shipwrecked person.

Duty to comply

(3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).

Answering distress signal

131. (1) Subject to this section, the master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

Distress signal — no assistance

(2) If the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to the assistance of a person, a vessel or an aircraft in distress, the master is not required to proceed to their assistance and is to enter the reason in the official log book of the vessel.

Ships requisitioned

(3) The master of any vessel in distress may requisition one or more of any vessels that answer the distress call to render assistance. The master of a requisitioned vessel in Canadian waters and every qualified person who is the master of a requisitioned vessel in any waters shall continue to proceed with all speed to render assistance to the vessel in distress.

Release from obligation

(4) The master of a vessel shall be released from the obligation imposed by subsection (1) when the master learns that another vessel is complying with a requisition referred to in subsection (3).

Further release

(5) The master of a vessel shall be released from an obligation imposed by subsection (1) or (3) if the master is informed by the persons in distress or by the master of another vessel that has reached those persons that assistance is no longer necessary.

Assistance

132. The master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

Aircraft treated as if vessel

133. Sections 130 to 132 apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels in Canadian waters, with any modifications that the circumstances require.


Sable Island

Presence on Island

134. No person shall be present on Sable Island unless the person

(a) has been so authorized in writing by the Minister and meets any terms and conditions specified in the authorization;

(b) is there to perform duties on behalf of the Government of Canada; or

(c) landed on the Island because of adverse weather conditions or the wreck or distress of a vessel or an aircraft that the person was on.


Enforcement

Designation

135. (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part.

Stopping and boarding a vessel

(2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.


Regulations

Regulations — Minister of Transport

136. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

(a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

(b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

(c) respecting the conditions under which a clearance under section 126 is to be granted;

(d) defining the expression “about to enter” for the purpose of this Part;

(e) respecting aids to navigation in Canadian waters;

(f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;

(g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

(h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and

(i) prescribing anything that may be prescribed under this Part.

Regulations — Minister

(2) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) respecting the administration and control of Sable Island;

(b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (a) and specifying their powers and duties; and

(c) respecting maritime search and rescue.

2001, c. 26, s. 136; 2005, c. 29, s. 18.

Previous Version

Offences and Punishment

Contravention of Act

137. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) subsection 131(1) (assist persons in distress);

(b) subsection 131(3) (comply with requisition to assist person in distress); or

(c) section 132 (assist a person found at sea).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Defence

(3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.

Contravention of Act or regulations

138. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

(b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

(c) a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

(d) paragraph 126(5)(a) (take all reasonable measures to communicate);

(e) paragraph 126(5)(b) (obtain clearance);

(f) subsection 126(6) (remain at port or proceed to safe port);

(g) subsection 129(1) (report disturbance of aid to navigation);

(h) subsection 129(2) (report navigation hazard);

(i) subsection 130(3) (comply with direction of rescue coordinator); or

(j) a provision of the regulations made under this Part.

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Defence available in certain cases

(3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

Vessel may be detained

(4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

Contravention of section 134

139. Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.


Part 6. Incidents, Accidents And Casualties

Interpretation

Definitions

140. The definitions in this section apply in this Part.

“Crown vessel”

« bâtiment appartenant à Sa Majesté »

“Crown vessel” means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada.

“Minister”

« ministre »

“Minister” means the Minister of Transport.


Application

Vessels

141. This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.


Salvage

International Convention on Salvage, 1989

Salvage Convention

142. (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

Inconsistent laws

(2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.


Salvage by Crown Vessels

When salvage services may be claimed

143. (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

Rights and limitations

(2) In respect of salvage services that may be claimed under subsection (1),

(a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

(b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

Time for giving consent

(3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

Evidence of consent

(4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

Claim dismissed if no consent

(5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.

Governor in Council may accept offers of settlement

144. (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

Distribution

(2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.


Limitation of Time for Salvage Proceedings

Proceedings within two years

145. (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

Extension of period by court

(2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.


Aircraft

Aircraft treated as if vessel

146. The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.


Rights Not Affected

Salvage

147. Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.


Obligations in Case of Collisions

Duty of masters in collision

148. If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

(a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

(b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.


Inquiry into Causes of Death

Inquiry into cause of death on board

149. (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

Powers of Minister

(2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

(a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

(b) enter and inspect any premises at any reasonable time.

Warrant required to enter living quarters

(3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

Authority to issue warrant

(4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

(a) is necessary for the purpose of an inquiry; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

Use of force

(5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.


Regulations

Regulations — Minister

150. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

(b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;

(c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

(d) prescribing anything that may be prescribed under this Part.

Regulations — Minister and Minister responsible for Parks Canada Agency

(2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

2001, c. 26, s. 150; 2005, c. 2, s. 8.

Previous Version

Offences and Punishment

Contravention of paragraph 148(a) or the regulations

151. (1) Every person commits an offence who contravenes

(a) paragraph 148(a) (render assistance after a collision); or

(b) a provision of the regulations made under paragraph 150(1)(a).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Contravention of Act or regulations

152. (1) Every person commits an offence who contravenes

(a) paragraph 148(b) (failure to provide information after a collision); or

(b) a provision of the regulations made under paragraph 150(1)(c) or subsection 150(2).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.


Part 7. Wreck

Interpretation

Definitions

153. The definitions in this section apply in this Part.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“wreck”

« épave »

“wreck” includes

(a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

(b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.

2001, c. 26, s. 153; 2005, c. 29, s. 19.

Previous Version

Designation of Receivers of Wreck

Designation

154. (1) The Minister may designate persons or classes of persons as receivers of wreck.

Authorization

(2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

Immunity

(3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.


Found Wreck

Duty of persons taking possession of wreck

155. (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

(a) report it to a receiver of wreck and provide the information and documents requested; and

(b) take any measures with respect to the wreck that the receiver of wreck directs, including

(i) delivering it to the receiver of wreck within the period specified by the receiver, or

(ii) keeping it in their possession in accordance with the instructions of the receiver.

Notice

(2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

Discretion

(3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.

Salvage award

156. (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

Nature of award

(2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.

Prohibition

157. No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.

Delivery of wreck or proceeds of disposition

158. A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and

(a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);

(b) establishes their claim to the satisfaction of the receiver; and

(c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.

Interpleader in case of wreck

159. (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.

Maximum award

(2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.


Disposition of Wreck

When wreck may be disposed of

160. (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,

(a) after 90 days following the date that the wreck was reported under paragraph 155(1)(a); or

(b) at any time if, in the receiver’s opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.

Proceeds held by receiver of wreck

(2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).

Payment to CRF

(3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund

(a) if no claim has been submitted in accordance with paragraph 158(a); or

(b) if a claim has not been established within the period that the receiver of wreck considers appropriate.

Unpaid salvage, fees, expenses

161. If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.

Release of wreck

162. On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.


Regulations

Regulations — Minister

163. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) exempting any geographical area from the application of this Part; and

(b) for carrying out the purposes and provisions of this Part.

Regulations — Minister and Minister responsible for Parks Canada Agency

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

(a) specifying wreck or classes of wreck that have heritage value;

(b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;

(c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

(d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

(e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

(f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and

(g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

Debt due to Her Majesty

(3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

2001, c. 26, s. 163; 2005, c. 2, s. 9.

Previous Version

Offences and Punishment

Contravention of Act or regulations

164. (1) Every person commits an offence who contravenes

(a) paragraph 155(1)(a) (report wreck);

(b) paragraph 155(1)(b) (take directed measures regarding wreck);

(c) section 157 (possessing, concealing, destroying or disposing of wreck); or

(d) a provision of the regulations made under this Part.

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Prosecutions

(3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.


PART 8. POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF TRANSPORT AND DEPARTMENT OF FISHERIES AND OCEANS

Interpretation

Definitions

165. The definitions in this section apply in this Part.

“discharge”

« rejet »

“discharge” means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“oil”

« hydrocarbures »

“oil” means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.

“oil pollution incident”

« événement de pollution par les hydrocarbures »

“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.

“pollutant”

« polluant »

“pollutant” means

(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant.

“pollution damage”

« dommages dus à la pollution »

“pollution damage”, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility.

“response organization”

� organisme d’intervention »

“response organization” means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1).

2001, c. 26, s. 165; 2005, c. 29, s. 21.

Previous Version

Application

Application

166. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.

Exclusion

(2) This Part does not apply in respect of a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act.

Definition of “oil” and “gas”

(3) In subsection (2), “oil” and “gas” have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.


Discharges of Oil

Vessels — requirements

167. (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall

(a) have an arrangement with a response organization in respect of a quantity of oil that is at least equal to the total amount of oil that the vessel carries, both as cargo and as fuel, to a prescribed maximum quantity, and in respect of waters where the vessel navigates or engages in a marine activity; and

(b) have on board a declaration, in the form specified by the Minister, that

(i) identifies the name and address of the vessel’s insurer or, in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the vessel,

(ii) confirms that the arrangement has been made, and

(iii) identifies every person who is authorized to implement the arrangement.

Certain provisions do not apply to certain vessels

(2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.

Exemption

(3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.

Publication

(4) Notice of every exemption must be published in the Canada Gazette.

2001, c. 26, s. 167; 2005, c. 29, s. 22.

Previous VersionOil handling facilities — requirements

168. (1) The operator of an oil handling facility of a prescribed class shall

(a) have an arrangement with a response organization in respect of any quantity of oil that is, at any time, involved in being loaded or unloaded to or from a vessel at the oil handling facility, to a prescribed maximum quantity;

(b) have on site a declaration in the form specified by the Minister that

(i) describes the manner in which the operator will comply with the regulations made under paragraph 182(a),

(ii) confirms that the arrangement has been made, and

(iii) identifies every person who is authorized to implement the arrangement and the oil pollution emergency plan referred to in paragraph (d);

(c) have on site an oil pollution prevention plan that meets the prescribed requirements to prevent a discharge of oil during the loading or unloading of a vessel;

(d) have on site an oil pollution emergency plan that meets the prescribed requirements to respond to a discharge of oil during the loading or unloading of a vessel; and

(e) have the prescribed procedures, equipment and resources available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel.

Certain provisions do not apply to prescribed classes

(2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.

Duty to take reasonable measures — oil handling facilities

(3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement

(a) the oil pollution prevention plan referred to in paragraph (1)(c); and

(b) in respect of an oil pollution incident, the oil pollution emergency plan referred to in paragraph (1)(d).


Response Organizations

Certificate of designation

169. (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

Application

(2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

Further evidence

(3) In addition to the specified information and documents, the Minister may require that an applicant

(a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

(b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

Period of validity

(4) Every certificate is valid for the period specified by the Minister.

Refusal to issue or renew

(5) The Minister may refuse to issue or renew a certificate if 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.

Suspension and cancellation

(6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Statement of fees

170. (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

Notice

(2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

Charging fees

(3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

Fee review

(4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

Assistance

(5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

Order to amend or eliminate fee

(6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

Notice of order

(7) The response organization affected by the order must give notice of it in the prescribed manner.

Prescribed procedures, equipment and resources

171. Every response organization shall

(a) have a response plan that meets the prescribed requirements;

(b) have the prescribed equipment and resources at the site set out in the response plan;

(c) provide or arrange for prescribed training to prescribed classes of persons;

(d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

(e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

(f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).


Advisory Councils

Advisory councils

172. (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

Members

(2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

Term

(3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

President

(4) An advisory council must elect one of its members to be its president.

Honoraria and expenses

(5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

Recommendations

(6) An advisory council is to advise and may make recommendations to the Minister.

Meetings in public

(7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.


Report to Parliament

Review and report by Minister

173. Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.


Pollution Prevention Officers and Pollution Response Officers

Designation of pollution prevention officers

174. (1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of oil handling facilities and response organizations and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.

Certificate of designation

(2) The Minister must furnish every pollution prevention officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise.

Immunity

(3) Pollution prevention officers are not personally liable for anything they do or omit to do in good faith under this Part.

2001, c. 26, s. 174; 2005, c. 29, s. 23.

Previous VersionDesignation of pollution response officer

174.1 (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.

Certificate of designation

(2) The Minister of Fisheries and Oceans must furnish every pollution response officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise.

Immunity

(3) Pollution response officers are not personally liable for anything they do or omit to do in good faith under this Part.

2005, c. 29, s. 23.

Powers of pollution prevention officers

175. A pollution prevention officer may

(a) direct the operator of an oil handling facility to provide him or her with any document that the operator is required to have on site under this Part;

(b) direct a response organization to provide him or her with any document that the organization is required to have under this Part;

(c) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and

(d) inspect a response organization’s facilities to determine whether the organization’s equipment and resources meet the requirements of this Part.

2001, c. 26, s. 175; 2005, c. 29, s. 23.

Previous VersionPowers of pollution response officers — general

175.1 (1) A pollution response officer may

(a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she considers appropriate for the administration of this Part;

(b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

(c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation;

(d) direct the operator of an oil handling facility to provide any document that the operator is required to have on site under this Part; and

(e) direct a response organization to provide any document that the organization is required to have under this Part.

Powers — discharge of pollutant

(2) If the pollution response officer believes on reasonable grounds that a vessel might discharge, or might have discharged, a pollutant, he or she may

(a) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

(b) go on board and take samples of any substance that he or she believes to be the pollutant;

(c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

(i) proceed to the place within waters in respect of which this Part applies that he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,

(ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or

(iii) remain outside waters in respect of which this Part applies; and

(d) if he or she is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and

(i) direct any vessel within that emergency zone to report its position to him or her,

(ii) direct any vessel not to enter or not to leave the emergency zone, and

(iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

Disposition of samples

(3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.

Certificate or report

(4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

Certificate

(5) Subject to subsections (6) and (7), the certificate or repot is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

Attendance of person

(6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

Notice

(7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

2005, c. 29, s. 23.

Assistance to pollution prevention officer

176. (1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response officer may

(a) board any vessel or enter any premises or other place at any reasonable time;

(b) direct any person to provide reasonable assistance or put into operation or cease operating any machinery or equipment;

(c) direct any person to provide any information that the officer may reasonably require in the administration of this Part;

(d) direct any person to produce for inspection, or for the purpose of making copies or taking extracts, any log book or other document;

(e) take photographs and make video recordings and sketches;

(f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

(g) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

(h) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

(i) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

Limitation

(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).

Authority to issue warrant

(3) Onex parte application, a justice, within the meaning of section 2 of theCriminal Code, may issue a warrant authorizing a pollution prevention officer or a pollution response officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

(a) is necessary for any purpose related to the carrying out of the officer’s powers under this Part; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

Use of force

(4) No officer executing a warrant may use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Return of documents and things

(5) Documents or other things taken under paragraph (1)(h) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.

2001, c. 26, s. 176; 2005, c. 29, s. 24.

Previous Version

Detention of Vessels

Detention

177. (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel.

Order to be in writing

(2) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

Detention order to be served on master

(3) Notice of a detention order made under this section in respect of a vessel must be served on the master

(a) by delivering a copy of the notice personally to the master; or

(b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

Contents of notice

(4) The notice must

(a) indicate the measures to ensure compliance with this Part that must be taken for the detention order to be rescinded; and

(b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister of Fisheries and Oceans for the detention order to be rescinded.

Foreign state to be notified

(5) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

Rescission of orders

(6) A pollution response officer must

(a) rescind a detention order made under this section if he or she is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister of Fisheries and Oceans; and

(b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission.

Duty of persons empowered to give clearance

(7) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (6).

Movement of vessel prohibited

(8) Subject to section 179, no person shall move a vessel that is subject to a detention order made under this section.

Liability for expenses

(9) The authorized representative or, if there is no authorized representative, the owner of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

Return of security

(10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,

(a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine has not been paid; and

(bem) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed have been paid.

2001, c. 26, s. 177; 2005, c. 29, s. 25.

Previous VersionInterference with service

178. No person shall wilfully interfere with the service of a notice of a detention order.

Direction to move a detained vessel

179. The Minister of Fisheries and Oceans may

(a) on application made by the authorized representative or, if there is no authorized representative, the owner of a detained vessel, in the form and manner specified by the Minister of Fisheries and Oceans, permit the master to move it in accordance with the directions of the Minister of Fisheries and Oceans;

(b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained vessel is situated, in the form and manner specified by the Minister of Fisheries and Oceans, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister of Fisheries and Oceans; and

(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister of Fisheries and Oceans is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister of Fisheries and Oceans’ directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.

2001, c. 26, s. 179; 2005, c. 29, s. 26.

Previous Version

Response Measures

Minister may take necessary measures

180. (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, he or she may

(a) take the measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, the removal or destruction of the vessel and its contents, and may sell or otherwise dispose of the vessel and its contents;

(b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or

(c) if he or she considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

Application of proceeds of disposition

(2) The proceeds from the sale or other disposal of a vessel or its contents under paragraph (1)(a) must be applied towards meeting the costs and expenses incurred in taking the measures under that paragraph, and any surplus must be paid to the vessel’s owner or the owner of the contents of the vessel, as the case may be.

Compensation

(3) Compensation shall be paid by Her Majesty in right of Canada for the services of any vessel or person, other than a vessel or the operator of an oil handling facility that had discharged, was discharging or was likely to discharge a pollutant, that has complied with a direction issued under paragraph (1)(c).

2001, c. 26, s. 180; 2005, c. 29, s. 27.

Previous VersionCivil or criminal liability

181. (1) A person who is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with the direction or doing anything incidental to it, unless it is shown that the person’s conduct was not reasonable in the circumstances.

Civil or criminal liability

(2) Response organizations and persons who have been designated in writing by the Minister as approved responders are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result.

Exception

(3) Nothing in subsection (1) exempts or lessens the liability of the owner of a vessel for the occurrence that necessitated the response operation.

Definition of “response operation”

(4) In this section, “response operation” means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation.


Regulations

Regulations

182. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the circumstances in which operators of oil handling facilities shall report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports shall be made;

(b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of certificates referred to in section 169;

(c) respecting the purposes for which fees may be charged in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a) and the manner in which response organizations and persons who make an application under subsection 169(1) must calculate proposed fees before notifying the Minister of the fees under subsection 170(1);

(d) respecting the establishment by response organizations of committees of persons who have arrangements with them and the provision to the committees of information regarding fees and proposed fees; and

(e) prescribing anything that by this Part is to be prescribed.


Offences and Punishment

Contravention of Act

183. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 167(1)(a) (have an arrangement);

(b) paragraph 168(1)(a) (have an arrangement);

(c) paragraph 168(1)(e) (have procedures, equipment and resources available for immediate use);

(d) paragraph 168(3)(a) (implement oil pollution prevention plan);

(e) paragraph 168(3)(b) (implement oil pollution emergency plan);

(f) paragraph 171(b) (have equipment and resources at the site);

(g) paragraph 171(e) (implement response plan);

(h) a direction given under paragraph 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a pollutant);

(i) subsection 177(7) (giving clearance to detained vessel);

(j) subsection 177(8) (moving detained vessel);

(k) section 178 (wilfully interfering with service of notice); or

(l) a direction given under paragraph 180(1)(c) (to take measures or refrain from doing so).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than eighteen months, or to both.

2001, c. 26, s. 183; 2005, c. 29, s. 28.

Previous VersionContravention of Act or regulations

184. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 167(1)(b) (have a declaration on board);

(b) paragraph 168(1)(b) (have a declaration on site);

(c) paragraph 168(1)(c) (have oil pollution prevention plan on site);

(d) paragraph 168(1)(d) (have oil pollution emergency plan on site);

(e) paragraph 171(a) (have a response plan);

(f) paragraph 171(c) (provide or arrange for training);

(g) paragraph 171(d) (undertake and participate in activities to evaluate response plan);

(h) paragraph 171(f) (provide information);

(i) a direction given under paragraph 175(1)(a) (to provide information officer considers appropriate);

(j) a direction given under paragraph 175(1)(b) (to proceed by a route and not in excess of a speed);

(k) a direction given under paragraph 175(1)(c) (to provide information relating to pollution plan);

(l) a direction given under paragraph 175(1)(d) or (e) (to provide documents);

(m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance);

(n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and

(o) a provision of the regulations made under this Part.

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.


PART 9. POLLUTION PREVENTION — DEPARTMENT OF TRANSPORT

Interpretation

Definitions

185. The definitions in this section apply in this Part.

“discharge”

« rejet »

“discharge” means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“oil pollution incident”

« événement de pollution par les hydrocarbures »

“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.

“pollutant”

« polluant »

“pollutant” means

(a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant.

2001, c. 26, s. 185; 2005, c. 29, s. 29.

Previous Version

Application

Application

186. (1) Subject to subsection (2), this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada.

Exclusion

(2) This Part does not apply in respect of a discharge of oil or gas from a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act, in so far as the discharge emanates from those activities.

Definition of “oil” and “gas”

(3) In subsection (2), “oil” and “gas” have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.


Pollution Incidents

Discharge of pollutant prohibited

187. No person or vessel shall discharge a prescribed pollutant, except in accordance with the regulations made under this Part or a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

Implementation of oil pollution emergency plan

188. If a vessel is required by the regulations to have a shipboard oil pollution emergency plan, the vessel shall take reasonable measures to implement the plan in respect of an oil pollution incident.


Directions to Vessels

Powers in case of discharge

189. If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may

(a) direct a vessel, if it is about to enter or is within waters to which this Part applies, to provide the Minister with any information that the Minister considers appropriate for the administration of this Part;

(a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;

(b) direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;

(c) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route and in the manner that the Minister may specify; and

(d) direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to

(i) unload the pollutant, or

(ii) moor, anchor or remain there for any reasonable period that the Minister may specify.

2001, c. 26, s. 189; 2005, c. 29, s. 30.

Previous Version

Regulations

Regulations

190. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the protection of the marine environment, including regulations

(a) prescribing pollutants for the purpose of sections 187 and 189 and respecting the circumstances in which such pollutants may be discharged;

(b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made;

(c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel;

(d) respecting the control and prevention of pollution of the air by vessels;

(e) respecting reception facilities for oily residues, chemical residues, garbage and sewage;

(f) respecting the control and management of ballast water;

(g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters;

(h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

(i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;

(j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels’ or classes of vessels’ machinery, equipment and supplies;

(k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

(l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; and

(m) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies.

Application of regulations

(2) Regulations made under subsection (1) apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.


Offences and Punishment

Contravention of Act or regulations

191. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) section 187 (discharge of a pollutant);

(b) section 188 (implement shipboard oil pollution emergency plan);

(c) a direction given under subparagraph 189(d)(i) (proceed to a place and unload a pollutant); and

(d) a provision of the regulations made under this Part.

Punishment

(2) Every person or vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Continuing offence

(3) If an offence under paragraph (1)(a) is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

Factors to be considered

(4) In determining the punishment under subsection (2), the court may have regard to the following factors:

(a) the harm or risk of harm caused by the offence;

(b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures;

(c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;

(d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b);

(e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and

(f) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution.

Contravention of directions

192. (1) Every vessel commits an offence that contravenes

(a) a direction given under paragraph 189(a) or (b) (to provide information);

(b) a direction given under paragraph 189(c) (to proceed by a specified route); or

(c) a direction given under subparagraph 189(d)(ii) (to proceed to a place and remain there).

Punishment

(2) Every vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

Court orders

193. If an offender is convicted of an offence under this Part, in addition to imposing any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

(a) prohibiting the offender from performing any act or engaging in any activity that may result in the continuation or repetition of the offence;

(b) directing the offender to publish the facts relating to the conviction;

(c) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of the conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances;

(d) in the case of a discharge, directing the offender to pay an amount for the purpose of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; and

(e) requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and preventing the offender from repeating the same offence or committing other offences.


Part 10. Pleasure Craft

Interpretation

Definitions

194. The definitions in this section apply in this Part.

“enforcement officer”

« agent de l’autorité »

“enforcement officer” means

(a) a member of the Royal Canadian Mounted Police;

(b) a member of any harbour or river police force;

(c) a member of any provincial, county or municipal police force; and

(d) any person, or member of a class of persons, designated under subsection 196(1).

“inspector”

« inspecteur »

“inspector” means a pleasure craft safety inspector designated under subsection 195(1).

“licence”

« permis »

“licence” means a licence issued for a pleasure craft under this Part.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

2001, c. 26, s. 194; 2005, c. 29, s. 31.

Previous Version

Inspections

Designation

195. (1) The Minister may designate persons or classes of persons as pleasure craft safety inspectors.

Certificate

(2) The Minister must furnish every inspector with a certificate of designation as a pleasure craft safety inspector authorizing the inspector to carry out inspections under sections 196 and 198.

Immunity

(3) Inspectors are not personally liable for anything they do or omit to do in good faith under this Part.

Designation

196. (1) The Minister may designate persons or classes of persons as enforcement officers.

Inspections — general

(2) An enforcement officer may inspect a pleasure craft or any of its machinery or equipment for the purpose of ensuring compliance with any provision of this Part, other than section 197, or the regulations made under this Part, other than the regulations made under paragraph 207(1)(f), (g), (i) or (j).

Inspections — structural integrity

(3) An inspector may inspect a pleasure craft or any of its machinery or equipment for structural integrity or compliance with the regulations made under any of paragraphs 207(1)(f) to (m).

Powers

(4) Enforcement officers acting under subsection (2) and inspectors acting under subsection (3) may

(a) stop or board the craft at any reasonable time;

(b) direct any person to put into operation or cease operating any machinery or equipment on the craft;

(c) direct that the craft not be moved until the inspection is completed;

(d) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that it does not meet the requirements of this Part or the regulations made under this Part or exposes any person to serious danger, and direct that it not be operated until it meets those requirements or no longer exposes any person to serious danger; and

(e) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that the operator does not meet the requirements of the regulations made under this Part, and direct that the operator not operate it until the operator meets those requirements.

Duty to assist

(5) The owner or person in charge of a pleasure craft and every person on board shall

(a) give an officer or inspector all reasonable assistance to enable them to carry out an inspection and exercise any power conferred by this section; and

(b) produce to an officer or inspector any document, or provide them with any information, that the officer or inspector may reasonably require, for the administration of this Part or Part 5 (Navigation Services) or the regulations made under either of those Parts.

Manufacturers and importers

197. (1) Every manufacturer, builder or importer of a pleasure craft shall ensure that it is constructed in accordance with the regulations.

Vendors

(2) No person shall, in the course of a commercial enterprise, sell a pleasure craft that does not display a plate or label if required to do so by the regulations made under paragraph 207(1)(h).

Powers

198. (1) An inspector may, for the purpose of ensuring that a manufacturer, importer or vendor is in compliance with section 197,

(a) enter any place, other than a dwelling-house, where the inspector has reasonable grounds to believe a pleasure craft is located;

(b) examine anything that the inspector finds and take samples of it;

(c) conduct any tests or analyses and take any measurements;

(d) inspect any books, records, electronic data or other documents that the inspector believes may contain information that is relevant to the inspection;

(e) use or cause to be used any computer system in the place where the inspection is being carried out to examine any data contained in or available to the computer system;

(f) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

(g) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

(h) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

Duty to assist

(2) When an inspector carries out an inspection under subsection (1), the importer, manufacturer or vendor of the pleasure craft, or the owner or person in control of a place where the pleasure craft is located, shall

(a) give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and

(b) produce to the inspector any document, or provide them with any information, that the inspector may reasonably require for the administration of this Part or the regulations made under this Part.

Return of documents and things

(3) Documents or other things obtained or taken under paragraph (1)(g) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.

Disposition of samples

(4) An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.

Operation prohibited

199. If an inspector considers that a pleasure craft does not meet the requirements of this Part or the regulations made under this Part, the inspector may direct any person not to operate it until it meets those requirements.


Investigations

Stopping and boarding vessels

200. An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.


Safe Operation of Pleasure Craft

Duty

201. Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.


Pleasure Craft Licences

Licensing of pleasure craft

202. (1) If a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft shall not operate it, or permit it to be operated, unless it is licensed.

Transfer of licence

(2) When the ownership of a pleasure craft referred to in subsection (1) changes, the new owner shall not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.

Application

203. (1) An application for a licence or for the transfer of a licence must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

Issuance of licence

(2) The Minister may issue or transfer a licence to an applicant if the Minister is satisfied that all the requirements under subsection (1) have been met.

Licence number

204. No owner of a pleasure craft in respect of which a pleasure craft licence has been issued shall operate it or allow it to be operated unless the licence number is marked on the craft and maintained in the form and manner specified by the Minister.

Defacing, etc., licence number

205. No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.

Lost documents

206. If a pleasure craft licence is mislaid, lost or destroyed, the Minister, on application made by the holder of the licence in the form and manner and including the information and accompanied by the documents specified by the Minister, may issue a replacement licence.


Regulations

Regulations

207. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting pleasure craft licensing and the safety of pleasure craft or classes of pleasure craft and of persons on board, including regulations

(a) respecting the issuance, cancellation or transfer of pleasure craft licences;

(b) respecting qualifications, including medical fitness, minimum age, degree of knowledge, skill, training and experience, for operators of pleasure craft or classes of pleasure craft, and the evidence required to prove compliance with those qualifications;

(c) respecting the operation of pleasure craft or classes of pleasure craft;

(d) respecting training courses and examinations for pleasure craft operators, including the designation and accreditation of persons or organizations that provide them;

(e) respecting the issuance, cancellation or suspension of documents that demonstrate compliance with any regulations made under paragraph (b) or (d);

(f) respecting the design, construction or manufacture of pleasure craft or classes of pleasure craft;

(g) respecting the issuance or cancellation of plates or labels in respect of pleasure craft that comply with regulations made under paragraph (f);

(h) requiring that plates or labels referred to in paragraph (g) be displayed and specifying the manner in which they must be displayed;

(i) prohibiting the construction, manufacture, sale, lease, importation or operation of pleasure craft that do not meet the requirements of regulations made under paragraph (f);

(j) requiring owners, builders, manufacturers, importers or vendors of pleasure craft to modify their pleasure craft, at their own expense, in order to comply with regulations made under paragraph (f);

(k) respecting hull identification or serial numbers that identify pleasure craft;

(l) specifying the machinery and equipment that are required or prohibited on pleasure craft or classes of pleasure craft;

(m) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a pleasure craft’s or a class of pleasure craft’s machinery and equipment;

(n) respecting the requirements that pleasure craft, or classes of pleasure craft, and their machinery and equipment must meet;

(o) respecting documents that must be kept on board pleasure craft or classes of pleasure craft; and

(p) respecting the reporting of accidents involving pleasure craft.

Regulations — pollution

(2) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) regulating or prohibiting the discharge of pollutants from pleasure craft; and

(b) regulating noise emissions from pleasure craft engines.


Offences and Punishment

Contravention of Act

208. (1) Every person commits an offence who contravenes

(a) subsection 197(1) (ensure a pleasure craft is constructed in accordance with the regulations); or

(b) subsection 197(2) (selling a pleasure craft without a plate or label).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Contravention of Act or regulations

209. (1) Every person commits an offence who contravenes

(a) a direction given under any of paragraphs 196(4)(b) to (e) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place);

(b) subsection 196(5) (give reasonable assistance, produce documents or provide information);

(c) subsection 198(2) (give reasonable assistance, produce documents or provide information);

(d) a direction given under section 199 (not to operate a pleasure craft);

(e) section 201 (ensure that a pleasure craft meets the requirements of the regulations);

(f) section 202 (obtain a licence for a pleasure craft);

(g) section 204 (operating pleasure craft without licence number marked);

(h) section 205 (defacing, altering, concealing or removing licence number); or

(i) a provision of the regulations made under this Part.

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.


PART 11. ENFORCEMENT — DEPARTMENT OF TRANSPORT

Interpretation

Definitions

210. The definitions in this section apply in this Part.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“relevant provision”

« disposition visée »

“relevant provision” means a provision of this Act or the regulations that the Minister is responsible for administering, other than

(a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to any of Parts 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft); and

(b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels.

2001, c. 26, s. 210; 2005, c. 29, s. 32.

Previous Version

Inspections

Authorized persons and organizations

211. (1) A marine safety inspector referred to in section 11 or a person, classification society or other organization authorized to carry out inspections under section 12 may, for the purpose of ensuring compliance with a relevant provision, board any vessel or enter any premises or other place at any reasonable time and carry out any inspection that the inspector, person, classification society or other organization considers necessary and that the Minister has authorized them to carry out.

Living quarters

(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or for the purpose of ensuring that the vessel complies with a relevant provision.

Stopping a vessel

(3) For the purpose of carrying out an inspection, a marine safety inspector may direct the master of a vessel to stop the vessel or proceed to the place that the inspector may select, and to moor, anchor or remain there for any reasonable period that the inspector may specify.

Inspections

(4) In carrying out an inspection, a marine safety inspector or, subject to any limitations set out under subsection 12(2) in their certificate of authorization, a person, classification society or other organization authorized to carry out inspections may

(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment on a vessel being inspected;

(b) direct the master of a vessel to prohibit or limit access to any part of the vessel for as long as specified;

(c) direct the master of a vessel not to move the vessel until the inspection is completed;

(d) direct the master of a vessel to muster the crew or to carry out any emergency or safety procedure required by the regulations;

(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have under a relevant provision;

(f) take photographs and make video recordings and sketches;

(g) take or remove for analysis samples of any material or substance or any biological, chemical or physical agents or substances;

(h) use or cause to be used any computer system or data processing system at the place where the inspection is being carried out to examine any data contained in, or available to, the system;

(i) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

(j) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

(k) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

Disposition of samples

(5) A person who, or organization that, takes a sample under paragraph (4)(g) may dispose of it in any manner that the person or organization considers appropriate.

Return of documents and things

(6) Documents or other things taken under paragraph (4)(j) must be returned as soon as feasible after they are no longer required fr the purpose for which they were taken.

Seizure

212. (1) During an inspection, a marine safety inspector may seize and detain anything

(a) by means of which or in relation to which the inspector believes on reasonable grounds that a relevant provision has been contravened; or

(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of a relevant provision.

Storage or removal

(2) An inspector may direct the person in charge of the place where something was seized to store it in that place or may remove it to any other place.

Return of things or forfeiture

(3) Any thing seized must be returned as soon as feasible after it is no longer needed for any proceedings unless it cannot be brought into compliance with the relevant provisions and the Minister directs that it not be returned, in which case it is forfeited to Her Majesty in right of Canada after it is no longer needed for any proceedings and may be disposed of at the expense of the person from whom it was seized.


Clearance

No departure without clearance

213. Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.

Granting clearance

214. Any person who is authorized under an Act of Parliament to grant clearance of a vessel at a port in Canada is not to grant it unless satisfied that the master has all of the documents required under this Act for the clearance.


Voyage with a Person on Board without Their Consent

Prohibition

215. No master shall proceed on a voyage with a person on board who is exercising powers or performing duties relating to the administration or enforcement of a relevant provision unless the person consents.


Reporting of Alleged Contraventions

Reasonable grounds

216. (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a relevant provision may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

Confidentiality

(2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Inspection

217. (1) On being notified under subsection 216(1), the Minister is to determine whether an inspection should be carried out by a marine safety inspector.

Costs

(2) If a marine safety inspector determines that the individual who notified the Minister did not have reasonable grounds to believe that a person or vessel had contravened or had intended to contravene a relevant provision, the individual is liable to pay the costs of the inspection.

Prohibition

218. (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

(a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to the Minister that the employer or any other person had contravened or had intended to contravene a relevant provision;

(b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is a contravention of a relevant provision;

(c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention of doing anything that is required to be done in order that a contravention of a relevant provision not be committed; or

(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

Saving

(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

Definitions

(3) In this section, “employee” includes an independent contractor and “employer” has a corresponding meaning.


Investigations

Investigations

219. (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision.

Limitation

(2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of a shipping casualty that has been or is being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.

Definition of “shipping casualty”

(3) In this section, “shipping casualty” means

(a) any accident or incident associated with a vessel; and

(b) any situation or condition that the Minister has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).

Search and seizure without warrant

220. (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the contravention of a relevant provision but by reason of exigent circumstances it would not be feasible to obtain one, a marine safety inspector may exercise the powers of search and seizure provided in that section without a warrant.

Living quarters

(2) A marine safety inspector may not search living quarters without a warrant unless the inspector first obtains the consent of the occupant.

Additional powers

(3) In the course of a search under subsection (1) or section 487 of the Criminal Code, a marine safety inspector has all the powers referred to in subsection 211(4) (inspections).


Analysis and Examination

Submission

221. (1) A marine safety inspector may submit to a person designated by the Minister, for analysis or examination, anything seized or any sample taken under this Part.

Certificate or report

(2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

Certificate

(3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to the contravention of a relevant provision and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

Attendance of analyst

(4) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

Notice

(5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.


Detention of Vessels

Optional detention

222. (1) If a marine safety inspector believes on reasonable grounds that a contravention of a relevant provision has been committed by or in respect of a vessel or that the vessel is not seaworthy, the inspector may make a detention order in respect of the vessel.

Mandatory detention — unsafe vessels

(2) The inspector must make a detention order if the contravention is a contravention of section 110 (too many passengers) or the inspector also believes on reasonable grounds that the vessel is unsafe, that it is unfit to carry passengers or crew members or that its machinery or equipment is defective in any way so as to expose persons on board to serious danger.

Mandatory detention — foreign vessels

(3) If an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision that is alleged to have been committed by or in respect of a foreign vessel, a marine safety inspector must make a detention order in respect of the vessel.

Order to be in writing

(4) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

Detention order to be served on master

(5) Notice of a detention order made under this section in respect of a vessel must be served on the master

(a) by delivering a copy of the notice personally to the master; or

(b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

Contents of notice

(6) The notice must

(a) indicate the measures to ensure compliance with the relevant provision or to render the vessel seaworthy that must be taken for the detention order to be rescinded;

(b) in the case of a foreign vessel, if an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the information, indictment or notice, must be deposited with the Minister for the detention order to be rescinded; and

(c) in the case of a Canadian vessel, if an indictment has been preferred in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.

Foreign state to be notified

(7) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

Rescission of orders

(8) A marine safety inspector must

(a) rescind a detention order made under this section if the inspector is satisfied that the measures indicated in the notice referred to in subsection (6) have been taken and, if applicable, security in the amount and formndicated in the notice referred to in that subsection has been deposited with the Minister; and

(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (4) of the rescission.

Duty of persons empowered to give clearance

(9) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (8).

Movement of vessel prohibited

(10) Subject to section 224, no person shall move a vessel that is subject to a detention order made under this section.

Liability for expenses

(11) The authorized representative of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

Return of security

(12) The Minister, after proceedings in respect of which security was deposited are concluded,

(a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine or penalty has not been paid; and

(b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine or penalty imposed have been paid.

Interference with service

223. No person shall wilfully interfere with the service of a notice of a detention order.

Direction to move a detained vessel

224. The Minister may

(a) on application made by the authorized representative of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister;

(b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and

(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative.


Sale of Vessels

Distress on vessel for sums ordered to be paid

225. A court, justice of the peace or provincial court judge that orders the authorized representative of a vessel to pay any fine, crew member’s wages or other sum of money may, if payment is not made in accordance with the order, order the seizure and sale of the vessel or its machinery or equipment.

Abandoned vessels

226. (1) The Minister may sell a vessel that is deemed abandoned under the regulations and may, by bill of sale, give the purchaser a valid title to it free from any mortgage or other claim on the vessel that exists at the time of the sale.

Vessel may be seized and sold if fine or penalty not paid

(2) At any time after a fine is imposed under a relevant provision against, or a certificate registered under subsection 235(2) (registration in Federal Court) in respect of, a vessel or its authorized representative, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.

Proceeds of sale

(3) Any surplus remaining from the proceeds of a sale is to be distributed in accordance with the regulations after satisfying the following claims in the following order:

(a) the cost of the seizure and sale;

(b) any claim for salvage in respect of the vessel;

(c) the claims of masters and crew members for wages;

(c.1) the claims of masters for disbursements made or liabilities incurred for necessaries on account of the vessel;

(d) the amount of any fine imposed or debt due under a relevant provision; and

(e) the cost of returning masters and crew members to the place where they first came on board or to another place to which they and the Minister have agreed.

If proceeds insufficient

(4) If the proceeds of sale of a vessel are insufficient to satisfy the claims described in subsection (3), the Minister may proceed for the balance owing against

(a) the authorized representative, in the case of a Canadian vessel; and

(b) the owner, in the case of a foreign vessel.


Foreign Vessels in Contravention of International Conventions

Minister’s powers

227. (1) If the Minister has reasonable grounds to believe that a foreign vessel is in contravention of an international convention or protocol listed in Schedule 1, the Minister may

(a) if the vessel has not entered Canadian waters, direct the vessel not to enter Canadian waters;

(b) if the vessel has entered Canadian waters but is not in a port in Canada, direct the vessel to leave Canadian waters; and

(c) if the vessel is in a port in Canada, direct the vessel to leave Canadian waters, subject to any terms and conditions that the Minister may specify.

Limitation

(2) The Minister may not give a direction under subsection (1) if, in the Minister’s opinion, doing so would put the safety of the vessel, any person on board or the environment at imminent risk.

Notification

(3) If the Minister gives a direction under subsection (1) in respect of a vessel, the Minister must notify the state where the vessel is registered of the direction given and the reason for it.


Administrative Penalties

Interpretation

Definition of “violation”

228. In sections 229 to 244, “violation” means a contravention of a relevant provision that is designated as a violation by the regulations made under this Part.


Assurances of Compliance and Notices of Violation

If reasonable grounds to believe a violation

229. (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may

(a) enter into an assurance of compliance with the person or vessel that

(i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

(ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

(iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or

(b)  issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

(i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay,

(ii) the period, being thirty days after the notice is served, within which the penalty must be paid or a review of the notice requested, and

(iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested.

Extension of period

(2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person with whom or vessel with which the assurance of compliance was entered into is unable to comply with it because of reasons beyond the person’s or vessel’s control.

Short-form descriptions in notices of violation

(3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.

2001, c. 26, s. 229, c. 29, s. 72.

Previous VersionDeemed violation

230. (1) A person who, or vessel that, enters into an assurance of compliance is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

Request for review

(2) A person who, or vessel that, enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under section 231.1, request a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 232(1)(b) of the facts of the violation and the amount of the penalty is deemed to have been requested.

2001, c. 26, s. 230, c. 29, s. 72.

Previous VersionWhen assurance of compliance complied with

231. If the Minister is satisfied that an assurance of compliance has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,

(a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

(b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel.

2001, c. 26, s. 231, c. 29, s. 72.

Previous VersionWhen assurance of compliance not complied with

231.1 (1) If the Minister is of the opinion that a person who, or vessel that, has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance has been complied with,

(a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

(b) the security deposited under subparagraph 229(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

Contents of notice

(2) A notice under subsection (1) must include the address at which, and the date, being 30 days after the notice is served, on or before which, a request for a review may be filed.

No set-off

(3) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.

2001, c. 29, s. 72.

Request for review

231.2 (1) A person or vessel served with a notice under subsection 231.1(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review.

Time and place for review

(2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing.

Review procedure

(3) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(4) The burden is on the Minister to establish that the person or vessel did not comply with the assurance of compliance referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.

Certain defences not available

(5) A person or vessel named in a notice of default does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance.

Determination

(6) The member may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance.

2001, c. 29, s. 72.

Return of security

231.3 Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if

(a) the person or vessel pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice of default under section 231.1; or

(b) a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance of compliance has been complied with.

2001, c. 29, s. 72.

Notice of violation

232. (1) A person or vessel served with a notice of violation under paragraph 229(1)(b) must

(a) pay the amount of the penalty; or

(b) within thirty days after being served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty.

When review not requested

(2) If a review of the facts of the violation is not requested, the person or vessel is deemed to have committed the violation in respect of which the notice was served.

2001, c. 26, s. 232, c. 29, s. 72.

Previous VersionTime and place for review

232.1 (1) On receipt of a request filed under paragraph 232(1)(b), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing.

Review procedure

(2) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Burden of proof

(3) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.

Determination

(4) The member may confirm the Minister’s decision or, subject to any regulations made under paragraph 244(h), substitute his or her own determination.

2001, c. 29, s. 72.

Right of appeal

232.2 (1) The Minister or the person who, or vessel that, requested the review may, within 30 days after the determination, appeal a determination made under subsection 231.2(6) or 232.1(4) to the Tribunal.

Loss of right of appeal

(2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

Disposition of appeal

(3) The appeal panel of the Tribunal assigned to hear the appeal may

(a) in the case of a determination made under subsection 231.2(6), dismiss the appeal or allow the appeal and substitute its own decision; or

(b) in the case of a determination made under subsection 232.1(4), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 244(h), substitute its own decision.

2001, c. 29, s. 72.


Choice of Proceedings

How contravention may be proceeded with

233. If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.


Recovery of Debts

Debts due to Her Majesty

234. The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:

(a) unless a review of the amount of the penalty is requested under paragraph 232(1)(b), the amount of a penalty set out in a notice of violation, from the time the notice is served;

(b) the amount that a notice of default served under subsection 231.1(1) provides that a person is liable to pay, from the time the notice is served;

(c) the amount of a penalty determined by a member after a review under section 232.1, or decided by an appeal panel after an appeal under section 232.2, from the time of the respective determination or decision; and

(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

2001, c. 26, s. 234, c. 29, s. 72.

Previous VersionCertificate

235. (1) All or part of a debt referred to in section 234 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.

Judgments

(2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.

2001, c. 26, s. 235, c. 29, s. 72.

Previous Version

Rules of Law about Violations

Violations are not offences

236. For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Common law principles

237. Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under a relevant provision applies in respect of a violation to the extent that it is not inconsistent with this Act.

Vicarious liability — Canadian maritime document holders

238. (1) The holder of a Canadian maritime document is liable for a violation that is committed in respect of any matter that relates to an activity or a requirement under that document, whether or not the person or vessel that actually committed the violation is identified or proceeded against in accordance with this Act.

Vicarious liability — acts of employees and agents

(2) A person or vessel is liable for a violation that is committed by an employee or agent of the person or vessel acting in the course of the employee’s employment or within the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.


General Provisions

Notations removed

239. (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs the Minister is to remove every notation of violation or default, and every suspension or cancellation of or refusal to issue or renew a Canadian maritime document on prescribed grounds, from any records that the Minister may keep respecting a person or vessel:

(a) the person or vessel pays every penalty that the person or vessel is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal;

(b) a suspension on prescribed grounds of a Canadian maritime document issued to the person or vessel ends;

(c) the Minister cancels, on prescribed grounds, a Canadian maritime document issued to the person or vessel; and

(d) the Minister refuses, on prescribed grounds, to issue a Canadian maritime document to the person or vessel or to renew a Canadian maritime document issued to the person or vessel.

Duty to notify

(2) The Minister is to give a person or vessel notice of a decision not to remove a notation in respect of the person or vessel and providing all relevant information concerning the grounds on which the Minister has refused to remove it.

Contents of notice

(3) A notice under subsection (2) must include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.

Request for review

(4) The person or vessel may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review.

Time and place for review

(5) On receipt of a request filed under subsection (4), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing.

Review procedure

(6) The member of the Tribunal assigned to conduct the review must provide the Minister and the person who, or vessel that, filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.

Determination

(7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

Right of appeal

(8) The person who, or vessel that, requested the review may, within 30 days after the determination, appeal a determination made under subsection (7) to the Tribunal.

Loss of right of appeal

(9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal a determination unless the person or vessel establishes that there was sufficient reason to justify the absence.

Disposition of appeal

(10) The appeal panel assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.

2001, c. 26, s. 239, c. 29, s. 72.

Previous VersionDisclosure of notations of violations

240. The Minister shall keep a public record of notations of violations or default kept on any record that the Minister may keep respecting the person or vessel.

Limitation period

241. No notice of violation may be issued more than two years after the day on which the Minister becomes aware of the contravention.

Certificate of Minister

242. A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.

When compliance agreement in effect

243. If a violation arising out of the contravention of any provision of Part 4 or the regulations made under that Part is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled.


Regulations

Regulations

244. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting clearances for departure from a port in Canada;

(b) respecting the investigation of shipping casualties, the alleged contravention of a relevant provision or an incident that involved a vessel and that, in the opinion of the Minister, jeopardized the safety of persons;

(c) respecting the detention of vessels, including the review of detention orders;

(d) specifying the circumstances in which a vessel is deemed abandoned;

(e) respecting the sale of a vessel under section 226, including measures that must be taken before the vessel is sold and the manner of establishing, and the priority of payment of, claims against the vessel;

(f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision that is an offence under this Act;

(g) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;

(h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;

(i)�(Repealed, 2001, c. 29, s. 72)

(j) respecting the service of documents required or authorized to be served under this Part, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served; and

(k) prescribing anything that by this Part is to be prescribed.

2001, c. 26, s. 244, c. 29, s. 72.

Previous Version

Offences and Punishment

Contravention of Act

245. (1) Every person commits an offence who contravenes

(a) a direction given under subsection 211(3) (to stop a vessel or proceed as specified);

(b) a direction given under any of paragraphs 211(4)(a) to (e) (to answer reasonable questions, to provide reasonable assistance, to prohibit or limit access to part of a vessel, to operate or cease operating machinery or equipment, to not move a vessel, to muster crew or carry out emergency or safety procedures or to produce documents);

(c) section 215 (proceed to sea with a person without their consent);

(d) subsection 218(1) (disciplining employee);

(e) subsection 222(9) (giving clearance to detained vessel);

(f) subsection 222(10) (moving detained vessel);

(g) section 223 (wilfully interfering with service of notice); or

(h) a direction given under subsection 227(1) (not to enter or to leave Canadian waters).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Contravention of Act or regulations

246. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) a direction given under subsection 212(2) (to store something);

(b) section 213 (departing without clearance); and

(c) a provision of the regulations made under this Part.

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.


Part 12. Miscellaneous

Goods

Definition of “carrier”

247. In sections 248 and 250, “carrier” means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.

Carrier’s lien

248. (1) A carrier has, on goods carried under a contract of carriage, a lien for any amount that is due to the carrier under the contract for freight or costs of storing, disposing of or preserving the goods.

Notice of lien to owner of goods

(2) Before exercising a lien, a carrier must give notice of it to the owner of the goods, specifying the amount claimed and the particulars of the claim.

Notice of lien to third parties

(3) If the carrier places the goods in the custody of a third party and gives the third party notice of the lien and the third party does not retain them until notified by the carrier that the lien is discharged or does not return them to the carrier, the third party is liable to the carrier. The third party may charge the carrier for storing the goods or for any reasonable action taken to preserve them or to protect property or human life from damage they may cause.

Third party’s protection

(4) A third party who retains goods until notified by the carrier that the lien is discharged or who returns them to the carrier is not liable to the owner of the goods, regardless of whether the lien claimed by the carrier is valid.

Sale or other disposition of goods

249. (1) If an owner of goods does not take delivery of the goods after notice of delivery has been given or fails to discharge a lien after it is exercised, the carrier may

(a) sell them by public auction at any time that is 90 days after the notice of delivery is given and 10 days after giving notice of the time and place of the auction in a newspaper that is circulated in the vicinity of the auction; or

(b) if the goods are perishable or pose a threat to public health or safety, sell or otherwise dispose of them in the manner and for the price that is reasonable in the circumstances after giving notice of the sale or other disposition to the owner of the goods.

Application of proceeds of disposition

(2) The proceeds of the disposition must be credited toward payment of the amounts due or payable under the contract of carriage or any other amounts reasonably incurred for storing, disposing of or preserving the goods. Any surplus must be paid to the owner of the goods.

Responsibility for goods

250. Subject to Part 5 of the Marine Liability Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

2001, c. 26, ss. 250, 324.

Previous Version

Stevedoring

Actions in rem

251. (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring.

Limitation

(2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant.

Does not affect other rights

(3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Courts Act.

Definition of “stevedoring”

(4) In this section, “stevedoring” includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.

2001, c. 26, s. 251; 2002, c. 8, s. 195.

Previous Version

Proof of Offences by Vessels

Proof of offence

252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.

Directions

(2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.

2001, c. 26, s. 252; 2005, c. 29, s. 33.

Previous Version

Offences

Damage to environment and risk of death or harm to persons

253. (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,

(a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or

(b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.

Criminal negligence

(2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.


Due Diligence

Persons

254. (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission.

Vessels

(2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.


Prohibitions on Conviction

Court order

255. If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

(a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or

(b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.


Summary Conviction Proceedings

Limitation period

256. (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister of Transport or the Minister of Fisheries and Oceans, as the case may be, becomes aware of the subject-matter of the proceedings.

Certificate of Minister

(2) A document that purports to have been issued by the Minister referred to in subsection (1), and that certifies the day on which that Minister became aware of the subject-matter of the proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject-matter on that day.

Defendant outside Canada

(3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than two months after they arrive in Canada.


Jurisdiction

Jurisdiction in case of offences

257. (1) For the purpose of giving jurisdiction under this Act, every offence is deemed to have been committed and every cause of complaint to have arisen either in the place where the offence actually was committed or arose, or in any place where the offender or person or vessel complained against may be.

Presumption of jurisdiction

(2) If, in a legal proceeding under this Act, a question arises as to whether a vessel or person is within any of the provisions of this Act or the regulations, the vessel or person is deemed to be within those provisions unless the contrary is proved.

Jurisdiction over vessels lying off coasts

258. (1) If a district within which a court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of a sea, or abuts on or projects into navigable waters, the court, justice or provincial court judge has jurisdiction over any vessel on, or lying or passing off, that coast or in or near those navigable waters, and over all persons on board, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge.

Added power of courts

(2) The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code.


Damage Occasioned by Foreign Vessels

Power to detain foreign vessel that has caused damage

259. If the Federal Court is satisfied that damage or loss has in any part of the world been caused to property that belongs to Her Majesty in right of Canada or a province or to a qualified person by the fault, in whole or in part, of a vessel that is registered in a foreign state and that is at the time of the application in Canadian waters, on ex parte application the Federal Court may issue an order requiring any person named by the Court to detain the vessel until the applicant has been compensated for the damage or loss or until security, in the form and amount approved by the Court, is deposited with the Court.


Defence

Defence available in certain cases

260. It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given

(a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and

(b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.


Depositions in Legal Proceedings

Depositions received when witness cannot be produced

261. (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if

(a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada;

(b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and

(c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer.

Certificate as evidence

(2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused.

Certified copies

(3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.


Procedure

Examination of persons before trial

262. (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case.

Use of examination

(2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.

No stay of proceedings without order

263. The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.

Jurisdiction

264. If there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where a conviction or an order is made, in the Province of Ontario, a judge of the Ontario Superior Court of Justice, in the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court, in the Province of Prince Edward Island or Newfoundland, a judge of the Trial Division of the Supreme Court, or, in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen’s Bench, has power to hear and determine an application for a stay of proceedings on the conviction or order.

Documents admissible in evidence

265. (1) A document made, given or issued under this Act and appearing to be signed by the Minister of Transport, the Minister of Fisheries and Oceans, the Chief Registrar or a registrar, a marine safety inspector, the Chair of the Marine Technical Review Board, a marine communications and traffic services officer, a person exercising powers under subsection 135(2), a pleasure craft safety inspector or an enforcement officer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

Copies or extracts

(2) A copy of or an extract from any record or other document that is made, given or issued under this Act by a person referred to in subsection (1) and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

Admissibility of documents in evidence

266. A document that this Act declares to be admissible in evidence is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of the parties authority to receive evidence, and, in the absence of any evidence to the contrary, is proof of the matters stated in the document without proof of the signature or the official character of the person appearing to have signed it.

Document entries as proof

267. In an action or proceeding under this Act, an entry in a record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated as against the person who made the entry or was required to keep the record or, if the record was kept in respect of a vessel, against the authorized representative or master.


Application of Fines

Paid to Receiver General

268. (1) Subject to subsection (2), all fines imposed under this Act must, despite any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund.

Application of fines

(2) A court, justice of the peace or provincial court judge who imposes a fine under this Act may direct that the whole or a portion of it may

(a) be applied in compensating a person for any wrong or damage that may have been caused by the act or default in respect of which the fine was imposed;

(b) be applied in or toward payment of the expenses of the proceedings; or

(c) be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.


Crown Liability

Crown not relieved

268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3), 174(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.


State of War or Armed Conflict

Prohibition of shipment of articles of war

269. (1) No person shall, during a prescribed period,

(a) discharge from a Canadian vessel a prescribed article in any prescribed territory or within the territorial waters adjacent to the territory;

(b) tranship on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;

(c) take on board or carry on a Canadian vessel such an article consigned to or destined for a place in such a territory; or

(d) take on board or carry on any other vessel in Canadian waters such an article consigned to or destined for a place in such a territory.

Powers if contravention suspected

(2) Any person, or member of a class of persons, designated by the Minister of Transport or the Minister of National Defence for the purposes of this section, who has reason to suspect that a vessel is contravening or has contravened subsection (1) may

(a) direct the master to stop the vessel or proceed to the place that the person may select, and to moor, anchor or remain there for any reasonable period that the person may specify;

(b) board the vessel;

(c) direct the master to produce any documents relating to any cargo that is being carried or has been carried on the vessel;

(d) search the vessel, examine the cargo and direct the master or a member of the crew to open any package or parcel that the person suspects contains articles prescribed for the purposes of subsection (1); and

(e) make any other examination or inquiry that the person considers necessary to determine whether subsection (1) is being or has been contravened.

Power to take vessel

(3) If the person has reasonable grounds to believe that subsection (1) is being or has been contravened, the person may take the vessel to the nearest or most convenient port in order that the alleged contravention may be adjudicated by a court of competent jurisdiction.

Regulations

(4) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

(a) prescribing any territory in which there is a state of war or armed conflict;

(b) prescribing anything else that may be prescribed under this section;

(c) exempting, in the case of any territory prescribed under paragraph (a), an article or class of articles from the application of this section; and

(d) for carrying out the purposes and provisions of this section.

Contraventions

(5) Every person who contravenes subsection (1) or a direction made under paragraph (2)(a) or (c) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Authorized representative or master

(6) If a person on a vessel commits an offence under this section and the authorized representative or master authorized or acquiesced in the offence, the authorized representative or master is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the person whether or not the person has been prosecuted.


Part 13. Transitional

Decisions that cease to have effect

270. Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.

Acquired rights — registered vessels

271. (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes.

The following provision is not in force.Expiry of certificates of registry

(2) A certificate of registry issued under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, expires no later than February 25, 2003.

Grace period

(3) A vessel that was not required to be registered under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.

Acquired rights — licensed vessels

272. Every vessel, other than a pleasure craft, licensed under section 108 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, when Part 2 comes into force is deemed to be registered in the small vessel register referred to in subsection 43(1) until

(a) the earlier of the date the vessel’s ownership changes and five years after Part 2 comes into force; or

(b) in the case of a vessel that was issued a licence under that Act, the expiry date of the licence.

Certificates remain in force

273. Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.

Regulations remain in force

274. (1) Regulations made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, other than under any of the provisions listed in section 332 of this Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed.

Regulations

(2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1).

Validity periods of certificates

(3) Any certificate’s period of validity that is provided for in a regulation referred to in subsection (1) is deemed to have been specified by the Minister under subsection 17(1).

Canadian ships

(4) Every reference to “Canadian ship” or “Canadian ships” in the regulations referred to in subsection (1) shall be read as a reference to “Canadian vessel” or “Canadian vessels”, respectively.

Pleasure craft

(5) Every vessel that, immediately before the coming into force of Part 10, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985 (“that Act”), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first.

Offence

(6) Every person who, or vessel that, contravenes a regulation that is in force under subsection (1) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.


Part 14. Consequential And Coordinating Amendments

275. to 324. (Amendments)


Part 15. Amendments To The Shipping Conferences Exemption Act, 1987

325. to 330. (Amendments)


Part 16. Amendments To The Canadian Environmental Protection Act, 1999

331. (Amendments)


Part 17. Repeals And Coming Into Force

Repeals

332. (Amendment)

333. (Repeal)


Coming into Force

Coming into force

Shipping Conferences Exemption Act, 1987

(2) Sections 325 to 330 come into force on the ninetieth day after this Act is assented to.

Schedule 1

(Sections 2 and 21, subsection 29(1), sections 30 and 31, paragraph 35(1)(d) and subsections 108(2), 110(1) and 227(1))

INTERNATIONAL CONVENTIONS AND PROTOCOLS — MINISTER OF TRANSPORT

1.�Minimum Age (Sea) Convention, 19202.�Unemployment Indemnity (Shipwreck) Convention, 19203.�Medical Examination of Young Persons (Sea) Convention, 19214.�Minimum Age (Trimmers and Stokers), 19215.�Marking of Weight (Packages Transported by Vessels) Convention, 19266.�Seaman’s Articles of Agreement Convention, 19267.�Protection of Accidents (Dockers) Convention (revised), 19328.�Minimum Age (Sea) Convention (Revised), 19369.�Certification of Able Seamen Convention, 194610.�Certification of Ships’ Cooks Convention, 194611.�Food and Catering (Ship’s Crews) Convention, 194612.�Medical Examination (Seafarers) Convention, 194613.  Seafarers’ Identity Documents Convention, 195814.�Convention on Facilitation of International Maritime Traffic, 196515.�International Convention on Load Lines, 196616.�International Convention on Tonnage Measurement of Ships, 196917.�Convention on the International Regulations for Preventing Collisions at Sea, 197218.�International Convention for the Prevention of Pollution from Ships, 197319.�International Convention for the Safety of Life At Sea of 197420.�Convention on the International Maritime Satellite Organization (INMARSAT), 197621.�Merchant Shipping (Minimum Standards) Convention, 197622.�International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 197823.�iv class="listItProtocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships24.�Protocol of 1978 relating to the International Convention for the Safety of Life At Sea of 197424.1�Great Lakes Water Quality Agreement, 197825.�Convention for the Suppression of Unlawful Act Against the Safety of Maritime Navigation, 198826.�Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 197427.�Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf28.�Protocol of 1988 relating to the International Convention on Load Lines, 196629.�International Convention on Oil Pollution Preparedness Response and Cooperation, 199030.�Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships30.1�International Convention on the Control of Harmful Anti-fouling Systems on Ships, 200130.2�International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 200431.�Maritime Labour Convention, 20062001, c. 26, Sch. 1; SOR/2007-109; SOR/2009-154.

Previous VersionSchedule 2

(Subsection 29(2), sections 30 and 31 and paragraph 35(3))

INTERNATIONAL CONVENTIONS AND PROTOCOLS — MINISTER OF FISHERIES AND OCEANS

1.�International Convention on Maritime Search and Rescue, 19792.�International Convention on Oil Pollution Preparedness Response and Cooperation, 1990Schedule 3

(Subsection 142(1) and paragraph 150(1)(b))

Salvage


Part 1

International Convention On Salvage, 1989

The States Parties To The Present Convention,

RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,

NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,

CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,

CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,

HAVE AGREED as follows:


Chapter I - General Provisions

Article 1

Definitions

For the purpose of this Convention:

(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.

(b) Vessel means any ship or craft, or any structure capable of navigation.

(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.

(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.

(e) Payment means any reward, remuneration or compensation due under this Convention.

(f) Organization means the International Maritime Organization.

(g) Secretary-General means the Secretary-General of the Organization.


Article 2

Application of the Convention

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.


Article 3

Platforms and drilling units

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.


Article 4

State-owned vessels

1 Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless thattate decides otherwise.

2 Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.


Article 5

Salvage operations controlled by public authorities

1 This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.

2 Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.

3 The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.


Article 6

Salvage contracts

1 This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.

2 The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.

3 Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.


Article 7

Annulment and modification of contracts

A contract or any terms thereof may be annulled or modified if:

(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or

(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.


Chapter Ii - Performance Of Salvage Operations

Article 8

Duties of the salvor and of the owner and master

1 The salvor shall owe a duty to the owner of the vessel or other property in danger:

(a) to carry out the salvage operations with due care;

(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment;

(c) whenever circumstances reasonably require, to seek assistance from other salvors; and

(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.

2 The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor:

(a) to co-operate fully with him during the course of the salvage operations;

(b) in so doing, to exercise due care to prevent or minimize damage to the environment; and

(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.

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Article 9

Rights of coastal States

Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.


Article 10

Duty to render assistance

1 Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.

2 The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.

3 The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.


Article 11

Co-operation

A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.


Chapter Iii - Rights Of Salvors

Article 12

Conditions for reward

1 Salvage operations which have had a useful result give right to a reward.

2 Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.

3 This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.


Article 13

Criteria for fixing the reward

1 The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:

(a) the salved value of the vessel and other property;

(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;

(c) the measure of success obtained by the salvor;

(d) the nature and degree of the danger;

(e) the skill and efforts of the salvors in salving the vessel, other property and life;

(f) the time used and expenses and losses incurred by the salvors;

(g) the risk of liability and other risks run by the salvors or their equipment;

(h) the promptness of the services rendered;

(i) the availability and use of vessels or other equipment intended for salvage operations;

(j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.

2 Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests inroportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.

3 The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.


Article 14

Special compensation

1 If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

2 If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor.

3 Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).

4 The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

5 If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

6 Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.


Article 15

Apportionment between salvors

1 The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.

2 The apportionment between the owner, master and other persons in the service of each sailing vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.


Article 16

Salvage of persons

1 No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.

2 A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.


Article 17

Services rendered under exsting contracts

No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.


Article 18

The effect of salvor’s misconduct

A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.


Article 19

Prohibition of salvage operations

Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.


Chapter Iv - Claims And Actions

Article 20

Maritime lien

1 Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.

2 The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.


Article 21

Duty to provide security

1 Upon the request of the salvor a person liable for payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.

2 Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.

3 The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.


Article 22

Interim payment

1 The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.

2 In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.


Article 23

Limitation of actions

1 Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.

2 The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.

3 An action for indemnity by a person liabe may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.


Article 24

Interest

The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.


Article 25

State-owned cargoes

Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.


Article 26

Humanitarian cargoes

No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.


Article 27

Publication of arbitral awards

States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.


Chapter V - Final Clauses

Article 28

Signature, ratification, acceptance, approval and accession

1 This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.

2 States may express their consent to be bound by this Convention by:

(a) signature without reservation as to ratification, acceptance or approval; or

(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

(c) accession.

3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.


Article 29

Entry into force

1 This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.

2 For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.


Article 30

Reservations

1 Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention:

(a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;

(b) when the salvage operations take place in inland waters and no vessel is involved;

(c) when all interested parties areationals of that State;

(d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.

2 Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.

3 Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.


Article 31

Denunciation

1 This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.

2 Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.

3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.


Article 32

Revision and amendment

1 A conference for the purpose of revising or amending this Convention may be convened by the Organization.

2 The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.

3 Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.


Article 33

Depositary

1 This Convention shall be deposited with the Secretary-General.

2 The Secretary-General shall:

(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:

(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;

(ii) the date of the entry into force of this Convention;

(iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;

(iv) any amendment adopted in conformity with article 32;

(v) the receipt of any reservation, declaration or notification made under this Convention;

(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.

3 As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.


Article 34

Languages

This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages,ach text being equally authentic.

IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.

DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.


Attachment 1

Common Understanding concerning Articles 13 and 14 of the International Convention on Salvage, 1989

It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.


Attachment 2

Resolution requesting the amendment of the York-Antwerp Rules, 1974

The International Conference On Salvage, 1989,

HAVING ADOPTED the International Convention on Salvage, 1989,

CONSIDERING that payments made pursuant to article 14 are not intended to be allowed in general average,

REQUESTS the Secretary-General of the International Maritime Organization to take the appropriate steps in order to ensure speedy amendment of the York-Antwerp Rules, 1974, to ensure that special compensation paid under article 14 is not subject to general average.


Attachment 3

Resolution on international co-operation for the implementation of the International Convention on Salvage, 1989

The International Conference On Salvage, 1989,

IN ADOPTING the International Convention on Salvage, 1989 (hereinafter referred to as “The Convention”),

CONSIDERING IT DESIRABLE that as many States as possible should become Parties to the Convention,

RECOGNIZING that the entry into force of the Convention will represent an important additional factor for the protection of the marine environment,

CONSIDERING that the international publicizing and wide implementation of the Convention is of the utmost importance for the attainment of its objectives,

I Recommends:

(a) that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia;

(b) that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study.

Ii Requests:

(a) Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention;

(b) Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and

(c) the Organization to notify Member States of any communication it may receive under paragraph II(a).


Part 2

CANADA’S RESERVATIONS

The Government of Canada reserves the right not to apply the provisions of the International Convention on Salvage, 1989 when the property involved is maritime cultura property of prehistoric, archaeological or historic interest and is situated on the seabed.


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