Canada Shipping Act, 2001

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2001_26/FullText.html

Canada Shipping Act, 2001

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

SUMMARY

This enactment overhauls and replaces the Canada Shipping Act, other than the portions that concern liability, with modernized legislation that will promote the safety and economic performance of the commercial marine industry as well as ensure the safety of those who use pleasure craft. Key changes to the existing legislation include improvements to provisions to protect and support efficient crews, ensure passenger and vessel safety and protect the environment. A new administrative penalties scheme provides an alternative means for dealing with certain contraventions.

The enactment clarifies the marine responsibilities between the Department of Transport and the Department of Fisheries and Oceans.

The enactment organizes the contents, updates the terminology and streamlines substantive requirements to make the law much clearer and easier to understand.

The enactment amends the Shipping Conferences Exemption Act, 1987 to inject greater competition within shipping conferences, to streamline the administration of the Act and to ensure that Canadian legislation covering international liner shipping conferences remains in harmony with that of Canada’s major trading partners.

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

SHORT TITLE

Marginal note:Short title

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

INTERPRETATION

Marginal note:Definitions

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

“adjudicator”

« arbitre »

“adjudicator” means a person appointed under subsection 15(1).

“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 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 »

“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.

“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.

Marginal note:Descriptive 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.

Marginal note:Regulations

4. The Governor in Council may

(a) on the recommendation of the Minister of Transport and the Minister of Fisheries and Oceans, make regulations prescribing classes of vessels for the purpose of the definition “pleasure craft” in section 2; and

(b) on the recommendation of the Minister of Transport, make regulations prescribing anything else that may be prescribed under section 2.

PART 1 GENERAL

Her Majesty

Marginal note:Binding on Her Majesty

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

Objectives

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note:Exemption power of Ministers

(2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act, exempt for a specified period any authorized representative, 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.

Marginal note: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.

Marginal note:Publication

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

Marginal note:Authorization

(5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the public service of Canada 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.

Inspections by Marine Safety Inspectors and Others

Marginal note:Appointment of marine safety inspectors

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Immunity

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

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note:Representative if more than one owner

(3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.

Marginal note: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.

Marginal note: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).

Adjudicators

Marginal note:Appointment

15. (1) The Minister of Transport may appoint persons to conduct independent reviews under subsection 16(6) (notice of refusal to issue or renew), 20(5) (suspension, cancellation or non-renewal of Canadian maritime documents), 231(3) (notices of default), 232(2) (notices of violation) or 239(3) (removal of notations of violations).

Marginal note:Powers of adjudicators

(2) For the purposes of this Act, each adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Canadian Maritime Documents

Marginal note: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.

Marginal note: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.

Marginal note:Cheating

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

Marginal note: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).

Marginal note: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 confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue it.

Marginal note:Review of decision

(6) A master or crew member whose application for a Canadian maritime document under Part 3 (Personnel) has been refused on a ground set out in any of paragraphs (4)(a), (b), (c) and (e) may, within 30 days after the day on which notice is given to them of the refusal, request that an adjudicator review the refusal.

Marginal note: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.

Marginal note: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).

Marginal note:Production of document

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

Marginal note: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.

Marginal note:Suspension, cancellation and refusal to renew

20. (1) Subject to subsection (2), 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 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 of Transport 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.

Marginal note:Notice before suspension or cancellation

(2) 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 and provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel it.

Marginal note:Exception

(3) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with subsection (2) if, on ex parte application by the Minister, an adjudicator determines that complying with that subsection is not in the interest of public safety.

Marginal note:Notice after suspension or cancellation

(4) Except in the case of the suspension or cancellation of a Canadian maritime document under subsection (2), the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice confirming the suspension, cancellation or refusal and providing all relevant information concerning the grounds on which the Minister has suspended, cancelled or refused to renew it.

Marginal note:Review

(5) The holder may, within 30 days after the day on which the notice is given, request that an adjudicator review the suspension, cancellation or refusal, unless it was on the ground set out in paragraph (1)(d) or subparagraph (1)(g)(i).

Marginal note:Review

(6) If the holder, within 30 days after the day on which the notice is given, requests that an adjudicator conduct a review of the proposed suspension or cancellation, the proposed suspension or cancellation is stayed until the review is concluded.

Marginal note:Return of document

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

Other Documents

Marginal note:Issuance of documents to foreign vessels

21. The Minister of Transport may, at the request of the government of a state to which an international convention or protocol listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention or protocol, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government.

Marginal note:Foreign documents

22. The Minister of Transport may refuse to accept a foreign document required for the operation of a foreign vessel if in the Minister’s opinion the conditions under which the document was issued do not comply with international agreements to which Canada is a signatory.

General Prohibitions

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

23. No person shall

(a) wilfully destroy a document that is required under this Act to be kept;

(b) make or cause to be made a false entry in a log book required under this Act to be kept with intent to mislead or wilfully omit to make an entry;

(c) wilfully obstruct any inspector or other person or classification society or other organization that is exercising powers or performing duties under this Act;

(d) knowingly provide false or misleading information or make a false or misleading statement, either orally or in writing, to a person, classification society or other organization that is exercising powers or performing duties under this Act; or

(e) except as authorized under this Act, wilfully move a vessel that has been detained under this Act.

Tonnage Measurers

Marginal note:Appointment of tonnage measurers

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

Marginal note:Fees and travel expenses

25. A tonnage measurer may withhold the tonnage certificate in respect of a vessel until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister of Transport may set limits on the fees and travel expenses that may be charged.

Marine Technical Review Board

Marginal note:Establishment

26. (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is hereby established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.

Marginal note:Members of the Board

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

Marginal note:Chair

(3) The Chair is appointed by the Minister of Transport and must be an employee of the Department of Transport who has expertise in marine matters.

Marginal note:Vice-Chairs

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

Marginal note:Delegation

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

Marginal note:Absence or incapacity

(6) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the National Vice-Chair may exercise all the powers and perform all the duties of the Chair.

Marginal note:Striking panels

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

Marginal note:Constitution

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

Marginal note: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.

Marginal note: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 public service of Canada; and

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

Marginal note: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.

Marginal note:Panel decisions

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

Marginal note:Application

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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Applicant to be notified

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

Marginal note:Publication

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Rules

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

Marginal note: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

Marginal note:Schedule 1

29. (1) Schedule 1 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada by regulation.

Marginal note:Schedule 2

(2) Schedule 2 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Fisheries and Oceans has determined should be brought into force, in whole or in part, in Canada by regulation.

Marginal note:Codes and guidelines

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

Marginal note:Additions to Schedule 1 or 2

30. (1) The Governor in Council may, by order, add international conventions, protocols and resolutions described in subsection 29(1) to Schedule 1 or described in subsection 29(2) to Schedule 2.

Marginal note:Order to be tabled and referred

(2) The Minister of Transport is to cause a copy of each order related to Schedule 1 and the Minister of Fisheries and Oceans is to cause a copy of each order related to Schedule 2, together with a description of the objectives of the convention, protocol or resolution, to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the order is made. The order stands referred to the appropriate standing committee of each House.

Marginal note:Deletions from Schedule 1 or 2

31. The Governor in Council may, by order, delete an international convention, protocol or resolution from Schedule 1 or 2 or amend Schedule 1 or 2 if the amendment would not, in the opinion of the Governor in Council, result in a material substantive change.

Incorporation by Reference

Marginal note:Externally produced material

32. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister who recommended to the Governor in Council that the regulation be made, including by

(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

(b) an industrial or a trade organization; or

(c) a government, a government agency or an international body.

Marginal note:Reproduced or translated material

(2) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made reproduces or translates from material produced by a person or body other than that Minister

(a) with any adaptations of form and reference that will facilitate its incorporation into the regulation; or

(b) in a form that sets out only the parts of the material that apply for the purposes of the regulation.

Marginal note:Jointly produced material

(3) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.

Marginal note:Internally produced standards

(4) A regulation made under this Act may incorporate by reference technical or explanatory material that the Minister who recommended to the Governor in Council that the regulation be made produces, such as

(a) specifications, classifications, illustrations, graphs and other information of a technical nature; and

(b) test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

Marginal note:Incorporation as amended from time to time

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

Marginal note:Incorporated material is not a regulation

(6) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.

Marginal note:For greater certainty

(7) Subsections (1) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note:Regulations — Minister of Transport

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

(a) respecting the appointment of adjudicators, including their qualifications;

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

(c) respecting reviews under subsection 16(6) (notice of refusal to issue or renew) or 20(5) (suspension or cancellation of Canadian maritime documents);

(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 or Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport);

(f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing or Recording), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport); and

(g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing or Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 9 (Pollution Prevention — Department of Transport) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts.

Marginal note: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.

Marginal note: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, 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;

(b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft);

(c) respecting the form and manner of giving notice under Part 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft); and

(d) respecting the setting and payment of fees for services provided in the administration of Part 5 (Navigation Services), 7 (Wreck), other than section 163, 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) or 10 (Pleasure Craft) or the regulations made under any of those Parts.

Fees

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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).

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Registrars

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

Marginal note:Duties of registrars

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

Marginal note: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

Marginal note: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.

Marginal note:Obligation of owner

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

Marginal note:Mandatory registration — government vessels

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:Shares

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Registration of fractions prohibited

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

Marginal note: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.

Marginal note:Trusts not recognized

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

Certificates

Marginal note: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.

Marginal note: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.

Marginal note:Period of validity

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

Marginal note: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.

Marginal note: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.

Marginal note:Validity

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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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).

Marginal note:Maintenance of markings

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

Marginal note:Defacing, etc., markings

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

Notifying Chief Registrar

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:Right to fly Canadian flag

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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note:Filing of mortgage

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Entry of particulars

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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:Copies of entries

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

Regulations

Marginal note: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

Marginal note: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).

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note:Eligibility

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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note:Exception if insurance

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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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).

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Submerging load lines

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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note:When boarding a vessel prohibited

116. Subject to sections 135 (stopping and boarding a vessel), 175 (pollution prevention officers’ powers), 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.

Marginal note:Tampering 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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 are in Canadian waters.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note:Marine communications and traffic services officers

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 in accordance 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.

Marginal note:Variations 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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:Designation of rescue coordinators

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

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note:Designation

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

Marginal note: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

Marginal note:Regulations — Minister

136. (1) The Governor in Council may, on the recommendation of the Minister, 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) respecting the administration and control of Sable Island;

(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 paragraph (f) or (g) and specifying their powers and duties;

(i) respecting maritime search and rescue; and

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

Marginal note:Regulations — Minister and Minister of Transport

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

Offences and Punishment

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note:Regulations — Minister and Minister of Canadian Heritage

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

Offences and Punishment

Marginal note: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).

Marginal note: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.

Marginal note: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).

Marginal note: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

Marginal note:Definitions

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

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans.

“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.

Designation of Receivers of Wreck

Marginal note:Designation

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

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Maximum award

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

Disposition of Wreck

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note:Regulations — Minister and Minister of Canadian Heritage

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister of Canadian Heritage, 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 of Canadian Heritage 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.

Marginal note: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.

Offences and Punishment

Marginal note: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.

Marginal note: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.

Marginal note: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 FISHERIES AND OCEANS

Interpretation

Marginal note: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 Fisheries and Oceans.

“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).

Application

Marginal note: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.

Marginal note: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

Marginal note: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 of Transport, 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.

Marginal note: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.

Marginal note: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.

Marginal note:Publication

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

Marginal note:Oil 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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Period of validity

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

Marginal note: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.

Marginal note:Suspension and cancellation

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

Marginal note: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).

Marginal note: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.

Marginal note:Charging fees

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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Notice of order

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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:President

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

Marginal note: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.

Marginal note:Recommendations

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

Marginal note: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

Marginal note: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

Marginal note:Designation

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

Marginal note: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.

Marginal note:Immunity

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

Marginal note:Powers — general

175. (1) A pollution prevention 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 the officer with any information that the officer 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 the officer believes on reasonable grounds is carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that the officer 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 under this Part to have on site;

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

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

(g) inspect the equipment and resources of a response organization to determine whether its equipment and resources meet the requirements of this Part.

Marginal note:Powers — discharge of pollutant

(2) If the pollution prevention officer believes on reasonable grounds that a vessel may discharge, or may have discharged, a pollutant, the officer 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 the officer may specify;

(b) go on board and take samples of any substance that the officer believes may 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 the officer may select, by the route and in the manner that the officer may direct, and to moor, anchor or remain there for any reasonable period that the officer may specify,

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

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

(d) if the officer 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 the officer is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, of an area that is reasonable with regard to the seriousness of the situation, and

(i) direct any vessel within that emergency zone to report its position to the officer,

(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.

Marginal note:Disposition of samples

(3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to a person designated by the Minister of Transport under subsection 221(1).

Marginal note: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.

Marginal note:Certificate

(5) Subject to subsections (6) and (7), the certificate or report 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.

Marginal note:Attendance of analyst

(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.

Marginal note: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.

Marginal note:Assistance to pollution prevention officer

176. (1) For the purpose of exercising their powers under this Part, a pollution prevention 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.

Marginal note: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).

Marginal note:Authority to issue warrant

(3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a pollution prevention 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.

Marginal note: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.

Marginal note: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.

Detention of Vessels

Marginal note:Detention

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

Marginal note: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.

Marginal note: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.

Marginal note: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 for the detention order to be rescinded.

Marginal note: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.

Marginal note:Rescission of orders

(6) A pollution prevention officer must

(a) rescind a detention order made under this section if the officer 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; and

(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the rescission.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note:Return of security

(10) 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 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 imposed have been paid.

Marginal note:Interference with service

178. No person shall wilfully interfere with the service of a notice of a detention order.

Marginal note:Direction to move a detained vessel

179. The Minister 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, 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 or, if there is no authorized representative, the owner.

Response Measures

Marginal note:Minister may take necessary measures

180. (1) If the Minister believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, the Minister may

(a) take the measures that the Minister 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 the Minister 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.

Marginal note: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.

Marginal note: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).

Marginal note:Civil 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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of 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).

Marginal note: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.

Marginal note:Contravention 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.

Marginal note: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

Marginal note: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 Fisheries and Oceans) to be a pollutant.

Application

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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;

(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.

Regulations

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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 Fisheries and Oceans.

Inspections

Marginal note:Designation

195. (1) The Minister may designate persons or classes of persons as pleasure craft safety inspectors.

Marginal note: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.

Marginal note:Immunity

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

Marginal note:Designation

196. (1) The Minister may designate persons or classes of persons as enforcement officers.

Marginal note: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).

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Defacing, etc., licence number

205. No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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 the Act or the regulations that the Minister is responsible for administering, other than a provision of the regulations made under subsection 136(2) in so far as it applies in respect of vessels that are not Canadian vessels or foreign vessels.

Inspections

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 for the purpose for which they were taken.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note:No departure without clearance

213. Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note:Saving

(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

Marginal note:Definitions

(3) In this section, “employee” includes an independent contractor and “employer” has a corresponding meaning.

Investigations

Marginal note:Investigations

219. (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 form indicated 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.

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Interference with service

223. No person shall wilfully interfere with the service of a notice of a detention order.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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 that are 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 within which the penalty must be paid or a review of the notice requested, and

(iii) particulars of the manner in which the penalty must be paid or a review requested.

Marginal note: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.

Marginal note: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.

Marginal note:Deemed 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.

Marginal note: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 and before a notice of default is served under subsection 231(2), 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 subsection 232(1) of the facts of the violation and the amount of the penalty is deemed to have been requested.

Marginal note:When assurance of compliance complied with

231. (1) 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.

Marginal note:When assurance of compliance not complied with

(2) 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 an adjudicator determines under subsection (3) 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.

Marginal note:Review of notice of default

(3) A person or vessel served with a notice of default may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the non-compliance with the assurance of compliance.

Marginal note:Burden of proof

(4) In the case of a review of the facts of a non-compliance,

(a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice did not comply with the assurance of compliance; and

(b) the person is not required and may not be compelled to give any evidence or testimony in the matter.

Marginal note: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.

Marginal note:No set off

(6) 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.

Marginal note:Return of security

(7) Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if

(a) a notice of default is served under paragraph (2)(a) and the person or vessel pays double the amount of the penalty; or

(b) an adjudicator determines under subsection (3) that the assurance has been complied with.

Marginal note:Notice of violation

232. (1) A person or vessel served with a notice of violation must pay the amount of the penalty or may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the violation or the amount of the penalty.

Marginal note:Burden of proof

(2) In the case of a review of the facts of a violation,

(a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice of violation committed the violation; and

(b) the person is not required and shall not be compelled to give any evidence or testimony in the matter.

Marginal note:When review not requested

(3) If a review is not requested of the facts of the violation, the person or vessel is deemed to have committed the violation in respect of which the notice was served.

Choice of Proceedings

Marginal note: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

Marginal note: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 subsection 232(1), 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(2) provides that a person is liable to pay, from the time the notice is served;

(c) the amount of a penalty determined by an adjudicator on a review under subsection 232(1), from the time the adjudicator gives their 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).

Marginal note:Certificate of default

235. (1) A debt referred to in section 234 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Marginal note: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.

Rules of Law about Violations

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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 under a notice of violation, a notice of default or an adjudicator’s decision;

(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.

Marginal note: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.

Marginal note:Review

(3) The person may, within 30 days after the day on which the notice is given, request that an adjudicator review the decision.

Marginal note:Disclosure 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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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) respecting reviews under subsection 231(3) (notices of default), 232(2) (notices of violation) or 239(3) (removal of notations of violations);

(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.

Offences and Punishment

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note:Responsibility for goods

250. Subject to the Carriage of Goods by Water Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

Stevedoring

Marginal note: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.

Marginal note: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.

Marginal note: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 Court Act.

Definition of “stevedoring”

(4) In this section, “stevedoring” includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.

Proof of Offences by Vessels

Marginal note: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 or a pollution prevention officer, whether or not the person on board has been identified.

Marginal note: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.

Offences

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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).

Marginal note: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).

Marginal note: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.

Marginal note: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.

Marginal note: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

Consequential Amendments

1991, c. 46Bank Act

275. Subsections 428(5) and (6) of the Bank Act are replaced by the following:

Marginal note:Security on fishing vessels

(5) If security has been given to a bank under paragraph 427(1)(o) on a fishing vessel that is recorded or registered under the Canada Shipping Act, 2001, the rights and powers of the bank do not have priority over any rights that are subsequently acquired in the vessel and are recorded or registered under that Act unless a copy of the document giving the security, certified by an officer of the bank to be a true copy, has been recorded or registered under that Act in respect of the vessel before the recording or registration under that Act of those rights.

Marginal note:Effect of registration of security

(6) A copy of the document giving the security described in subsection (5), certified by an officer of the bank, may be recorded or registered under the Canada Shipping Act, 2001 as if it were a mortgage given under that Act and, on the recording or registration of the document, the bank, in addition to and without limitation of any other rights or powers vested in or conferred on it, has all the rights and powers in respect of the vessel that it would have if the security were a mortgage recorded or registered under that Act.

1998, c. 10Canada Marine Act

276. Subsection 56(3) of the Canada Marine Act is replaced by the following:

Marginal note:Consistency

(3) Subject to any regulations made under section 62, practices and procedures established by a port authority under subsection (1) shall not be inconsistent with national standards and practices for marine vessel traffic services, in particular those established under the Canada Shipping Act, 2001.

277. Paragraph 58(2)(f) of the Act is replaced by the following:

(f) the proximity of a ship navigating in an unsafe manner or with improperly functioning navigation equipment or radio equipment, or without charts or publications required by regulations made under paragraph 120(1)(b) of the Canada Shipping Act, 2001;

278. The portion of subsection 120(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Payment of proceeds

120. (1) If a ship is sold under an order, the proceeds of the sale shall be applied first to satisfy claims for wages of crew members under the Canada Shipping Act, 2001 and then to satisfy the following claims in order of priority:

279. The portion of subsection 122(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Lien on ships

122. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, has at all times a lien on a ship and on the proceeds of its disposition for an amount owing to the port authority, the Minister or the person, and the lien has priority over all other rights, interests, claims and demands, other than claims for wages of crew members under the Canada Shipping Act, 2001, if the amount is owing in respect of

1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act

Marginal note:1992, c. 35, s. 73(1)

280. Subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Definition of “spill”

160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:1992, c. 35, s. 110(1)

281. Subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Definition of “spill”

165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

1996, c. 10Canada Transportation Act

282. The definition “export” in section 147 of the Canada Transportation Act is replaced by the following:

“export”

« exportation »

“export”, in respect of grain, means shipment by a vessel, as defined in section 2 of the Canada Shipping Act, 2001, to any destination outside Canada and shipment by any other mode of transport to the United States for use of the grain in that country and not for shipment out of that country;

1999, c. 33Canadian Environmental Protection Act, 1999

283. Section 277 of the Canadian Environmental Protection Act, 1999 is repealed.

1989, c. 3Canadian Transportation Accident Investigation and Safety Board Act

284. Section 61 of the Canadian Transportation Accident Investigation and Safety Board Act is repealed.

1993, c. 21Carriage of Goods by Water Act

285. Section 6 of the Carriage of Goods by Water Act is replaced by the following:

Marginal note:Other statutory limitations of liability

6. Nothing in this Act affects the operation of sections 574 to 583 of the Canada Shipping Act or the operation of any other enactment limiting the liability of the owners of ships or vessels.

R.S., c. C-29Citizenship Act

286. Paragraph 2(2)(a) of the Citizenship Act is replaced by the following:

(a) a person is deemed to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001, or on an aircraft registered in Canada under the Aeronautics Act and regulations made under that Act;

R.S., c. C-33Coastal Fisheries Protection Act

Marginal note:1998, c. 16, s. 29

287. The definition “Canadian fishing vessel” in section 2 of the Coastal Fisheries Protection Act is replaced by the following:

“Canadian fishing vessel”

« bateau de pêche canadien »

“Canadian fishing vessel” means a fishing vessel

(a) that is registered or licensed under the Canada Shipping Act, 2001, or

(b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

(i) a Canadian citizen,

(ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or

(iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada;

Marginal note:1990, c. 44, s. 18(2)

288. Section 19 of the Act is replaced by the following:

Marginal note:Jurisdiction of courts

19. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

1992, c. 31Coasting Trade Act

Marginal note:1998, c. 16, s. 30

289. The definitions “Canadian ship”, “master” and “ship” in subsection 2(1) of the Coasting Trade Act are replaced by the following:

“Canadian ship”

« navire canadien »

“Canadian ship” means a ship registered or listed under Part 2 of the Canada Shipping Act, 2001 and in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid;

“master”

« capitaine »

“master”, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001;

“ship”

« navire »

“ship” has the same meaning as “vessel” in section 2 of the Canada Shipping Act, 2001;

290. Paragraph 3(2)(e) of the Act is replaced by the following:

(e) engaged, with the approval of a person designated as a pollution prevention officer under section 174 of the Canada Shipping Act, 2001 or authorized under paragraph 11(2)(d) of that Act to carry out inspections, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.

291. Sections 29 and 30 of the Act are repealed.

292. Subsection 31(2) of the Act is repealed.

1992, c. 47Contraventions Act

Marginal note:1996, c. 7, s. 7

293. Subsection 17(4) of the Contraventions Act is repealed.

R.S., c. C-46Criminal Code

294. Section 44 of the Criminal Code is repealed.

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:1990, c. 8, s. 22

295. The definition “Crown ship” in section 2 of the Crown Liability and Proceedings Act is replaced by the following:

“Crown ship”

« navire de l’État »

“Crown ship” means a Crown vessel as defined in section 140 of the Canada Shipping Act, 2001;

296. Subsection 5(1) of the Act is replaced by the following:

Marginal note:Civil salvage

5. (1) Subject to subsection (2), the law relating to civil salvage, whether of life or property, applies in relation to salvage services rendered in assisting any Crown ship or aircraft, or in saving life from a Crown ship or aircraft, or in saving any cargo or apparel belonging to the Crown, in the same manner as if the ship, aircraft, cargo or apparel belonged to a private person.

Marginal note:1998, c. 16, s. 32

297. Subsection 6(2) of the Act is replaced by the following:

Marginal note:Ascertaining tonnage of ship

(2) If, for the purposes of any proceedings under this Act, it is necessary to ascertain the tonnage of a ship that has not been determined by a tonnage measurer appointed under section 24 of the Canada Shipping Act, 2001, the tonnage of the ship must be determined by a tonnage measurer appointed under that section.

298. Subsection 7(1) of the Act is replaced by the following:

Marginal note:Limitation period for salvage proceedings

7. (1) Section 145 of the Canada Shipping Act, 2001 applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.

R.S., c. 1 (2nd Supp.)Customs Act

299. The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:

Marginal note:Report of wreck and liability for duties

(2) If any wreck that has come into Canada from outside Canada is released to a person under section 158 of the Canada Shipping Act, 2001, that person

R.S., c. F-14Fisheries Act

300. Subsection 38(7) of the Fisheries Act is replaced by the following:

Marginal note:Inconsistent orders

(7) Any requirement or direction of an inspector under this section that is inconsistent with any direction of a marine safety inspector under the Canada Shipping Act, 2001 is void to the extent of the inconsistency.

301. Subsection 42(7) of the Act is replaced by the following:

Marginal note:Exception

(7) Subsections (1) to (3) do not apply in respect of any deposit of a deleterious substance that, within the meaning of Part 8 or 9 of the Canada Shipping Act, 2001, constitutes a discharge of a pollutant caused by or otherwise attributable to a vessel.

Marginal note:1990, c. 44, s. 18(2)

302. Section 88 of the Act is replaced by the following:

Marginal note:Jurisdiction of courts

88. All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

R.S., c. F-17Great Lakes Fisheries Convention Act

Marginal note:1990, c. 44, s. 18(2)

303. Section 6 of the Great Lakes Fisheries Convention Act is replaced by the following:

Marginal note:Jurisdiction of courts

6. All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

1990, c. 21Health of Animals Act

304. Paragraph 20(a) of the Health of Animals Act is replaced by the following:

(a) the provisions of the Canada Shipping Act, 2001 respecting inspections authorized under paragraph 11(2)(e) of that Act to be carried out,

R.S., c. L-2Canada Labour Code

Marginal note:1998, c. 20, s. 29

305. Paragraph 127(2)(a) of the Canada Labour Code is replaced by the following:

(a) an aircraft, a vessel, rolling stock or a pipeline, if the accident or incident is being investigated under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act; or

1994, c. 40Marine Transportation Security Act

306. The definition “Canadian ship” in subsection 2(1) of the Marine Transportation Security Act is replaced by the following:

“Canadian ship”

« navire canadien »

“Canadian ship” means a vessel registered under the Canada Shipping Act, 2001 or registered in Canada before August 1, 1936 under the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;

R.S., c. M-6Merchant Seamen Compensation Act

307. (1) The definitions “seaman” and “ship” in subsection 2(1) of the Merchant Seamen Compensation Act are replaced by the following:

“seaman”

« marin »

“seaman” means every person, except pilots, apprenticed pilots and fishers, employed or engaged on

(a) a ship registered in Canada under the Canada Shipping Act, 2001, or

(b) a ship chartered by demise to a person resident in Canada or having their principal place of business in Canada,

when the ship is engaged in trading on a foreign voyage or on a home-trade voyage, and, if so ordered by the Governor in Council, includes a seaman engaged in Canada and employed on a ship that is registered outside Canada and operated by a person resident in Canada or having their principal place of business in Canada when that ship is so engaged;

“ship”

« navire »

“ship” means a vessel as defined in section 2 of the Canada Shipping Act, 2001.

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“foreign voyage”

« voyage de long cours »

“foreign voyage” means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;

“home-trade voyage”

« voyage de cabotage »

“home-trade voyage” means a voyage, not being an inland or minor waters voyage, between places within the following areas, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude;

“inland voyage”

« voyage en eaux internes »

“inland voyage” means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan;

“minor waters of Canada”

« eaux secondaires du Canada »

“minor waters of Canada” means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and the sheltered waters on the seacoasts of Canada that the Minister of Transport may specify;

“minor waters voyage”

« voyage en eaux secondaires »

“minor waters voyage” means a voyage within the following limits, namely, the minor waters of Canada together with the part of any lake or river forming part of the minor waters of Canada that lies within the United States;

308. Paragraph 31(1)(c) of the Act is replaced by the following:

(c) if the expenses of burial of a seaman are paid by an employer under section 93 of the Canada Shipping Act, 2001 following any accident in respect of which compensation is payable under this Act, the amount of the expenses shall be deducted from the amount payable under paragraphs (a) and (b);

309. Subsection 42(2) of the Act is replaced by the following:

Marginal note:No compensation if wages paid

(2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, 2001, or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman.

310. Section 47 of the Act is replaced by the following:

Marginal note:Medical aid under one Act only

47. Notwithstanding anything in this Act, a seaman entitled to medical aid under Part 3 of the Canada Shipping Act, 2001, or under any other Act that provides similar benefits, is not entitled to medical aid under this Act during the period and to the extent that medical aid is furnished under that Part or that other Act.

R.S., c. N-5National Defence Act

311. Section 266 of the National Defence Act is repealed.

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

Marginal note:1996, c. 10, s. 247

312. Subsection 2(2) of the Non-smokers’ Health Act is replaced by the following:

Marginal note:Application outside Canada

(2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction.

1992, c. 39Northwest Territories Waters Act

313. The portion of the definition “use” in section 2 of the Northwest Territories Waters Act after paragraph (c) is replaced by the following:

but does not include a use connected with shipping activities that are governed by the Canada Shipping Act, 2001;

1997, c. 9Nuclear Safety and Control Act

314. Section 54 of the Nuclear Safety and Control Act is repealed.

R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Marginal note:1992, c. 35, s. 22(1)

315. Subsection 24(1) of the Canada Oil and Gas Operations Act is replaced by the following:

Definition of “spill”

24. (1) In sections 25 to 28, “spill” means a discharge, emission or escape of oil or gas, other than one that is authorized pursuant to the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part XVI of the Canada Shipping Act applies.

R.S., c. P-14Pilotage Act

316. Section 2 of the Pilotage Act is replaced by the following:

Marginal note:Definitions

1.1 The definitions in this section apply in this Act.

“apprentice pilot”

« apprenti-pilote »

“apprentice pilot” means a person who is training to become a licensed pilot.

“licence”

« brevet »

“licence” means a licence issued by an Authority under section 22.

“licensed pilot”

« pilote breveté »

“licensed pilot” means a person who holds a valid licence.

“pilot”

« pilote »

“pilot” means any person who does not belong to a ship and who has the conduct of it.

“ship”

« navire »

“ship” includes any description of vessel or boat used or designed for use in navigation, without regard to method or lack of propulsion.

PART 1 PILOTAGE

Interpretation

Marginal note:Definitions

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

“Authority”

« Administration »

“Authority” means a Pilotage Authority established by section 3.

“Canadian waters”

« eaux canadiennes »

“Canadian waters” means the territorial sea of Canada and all internal waters of Canada.

“compulsory pilotage”

« pilotage obligatoire »

“compulsory pilotage” means, in respect of a ship, the requirement that the ship be under the conduct of a licensed pilot or the holder of a pilotage certificate.

“compulsory pilotage area”

« zone de pilotage obligatoire »

“compulsory pilotage area” means an area of water in which ships are subject to compulsory pilotage.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“pilotage certificate”

« certificat de pilotage »

“pilotage certificate” means a certificate issued by an Authority under section 22.

317. The Act is amended by adding the following after section 53:

PART 2 LOWER ST. LAWRENCE PILOTS’ PENSIONS

Interpretation

Marginal note:Definitions

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

“Authority”

« Administration »

“Authority” means the Laurentian Pilotage Authority.

“CPBSL”

« CPBSL »

“CPBSL” means the Corporation of the Lower St. Lawrence Pilots established by letters patent under Part II of the Canada Corporations Act, chapter 53 of the Revised Statutes of Canada, 1952, as amended by chapter 52 of the Statutes of Canada, 1964-65, a body corporate contracting with the Authority for the services of pilots under this Act, or any successor of the Corporation that carries on similar functions.

“CPHQ”

« CPHQ »

“CPHQ” means the Corporation of Pilots for and below the Harbour of Quebec, established by chapter 123 of the Statutes of the Province of Canada, 1860 (23 Vict., c. 123).

“eligible pilot”

« pilote admissible »

“eligible pilot” means a person

(a) who became a member of the CPHQ and was licensed by the Authority as a pilot before 1994; or

(b) who, on December 31, 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot.

“fund”

« Fonds »

“fund” means the fund established by chapter 12 of the Statutes of the Province of Lower Canada, 1805 (45 George III, c. 12) and continued by chapter 114 of the Statutes of the Province of Canada, 1848-49 (12 Vict., c. 114), as amended.

“pension plan”

« régime de pension »

“pension plan” means the plan established by the CPHQ for the administration of the fund.

“Société”

« Société »

“Société” means the general partnership composed of the members of the CPBSL and called Les Pilotes du Bas Saint-Laurent, or its successor, and includes any predecessor of the Société that carried on similar functions on behalf of those members.

Marginal note:Part III of Canada Corporations Act

55. (1) The CPHQ is deemed to be a corporation to which section 158 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, applies.

Marginal note:Management of fund

(2) Notwithstanding the provisions of any Act relating to the CPHQ, the CPHQ has, and is deemed to have had at all times, the powers necessary for the administration of the pension plan on behalf of the CPBSL, including the power to

(a) determine and receive the amounts payable into the fund by the CPBSL for the purpose of sustaining the fund;

(b) manage and invest moneys paid into the fund;

(c) determine the persons eligible to receive benefits from the fund, the amount they are to receive as benefits, when the payments of the benefits are to commence and the frequency of the payments; and

(d) pay from the fund the benefits so determined and any amounts required for the management of the fund.

Pension Benefits Standards Act, 1985

Marginal note:Application of Act

56. The Pension Benefits Standards Act, 1985 applies in respect of the pension plan and, for that purpose, the CPBSL is deemed to be the employer of eligible pilots and the administrator of the plan, and eligible pilots are deemed to be employees of the CPBSL.

Income Tax Act

Marginal note:Status of CPHQ

57. For the purposes of paragraph 149(1)(o.1) of the Income Tax Act, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan within the meaning of that Act and to have operated at all times solely for that purpose.

Marginal note:Taxation of pension contributions

58. For any taxation year in respect of which the pension plan is a registered pension plan for the purposes of the Income Tax Act, sums paid into the fund by the CPBSL shall not be included in the income of an eligible pilot or in the income of the Société for the purposes of that Act.

Marginal note:Provisions re registered pension plans

59. (1) For the purposes of the provisions of the Income Tax Act and the Income Tax Regulations that relate to registered pension plans,

(a) the CPBSL is deemed to have been the employer of an eligible pilot and an eligible pilot is deemed to have been an employee of the CPBSL throughout any period, either before or after the coming into force of this Part, during which the eligible pilot was a member of the CPBSL and held a pilot’s licence from the Authority, whether suspended or not, or served as an apprentice pilot to obtain a pilot’s licence for District No. 2 designated by the Authority;

(b) an eligible pilot is deemed to have been employed and to have rendered services on a full-time basis throughout any year if the number of pilotage tours credited to the pilot for the year is not less than 90 % of the average number of tours for pilots in the year, determined by the Société on the basis of the total number of paid tours for pilots in the year, and is otherwise deemed to have been employed and to have been rendering services on a part-time basis throughout the year, with the proportion of full-time service being determined as the proportion of the number of tours so credited to the average number of tours for pilots;

(c) any period authorized by the CPBSL during which an eligible pilot was not available to perform services as a pilot, otherwise than by reason of illness or disability for more than 12 months, is deemed to be a period throughout which the pilot did not render services to the CPBSL by reason of leave of absence;

(d) the period of employment of an eligible pilot by the CPBSL includes any period before 1994 during which the pilot

(i) was enrolled at the Institut de Marine de Rimouski or any other educational institution accredited by the Authority, or

(ii) served as an officer of a ship,

to the extent that the period was credited under the pension plan before 1994;

(e) the fees paid to an eligible pilot by the Société, either before or after the coming into force of this Part, are deemed to have been paid by the CPBSL and to be remuneration of the eligible pilot and, for the purposes of section 147.1 of the Income Tax Act, to be part of the pilot’s compensation;

(f) any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL and not by an eligible pilot;

(g) the pension plan is deemed to be a grandfathered plan;

(h) for the purposes of paragraph 8503(3)(e) and subsection 8509(3) of the Income Tax Regulations, all benefits provided under the pension plan in respect of periods before 1992 are deemed to be acceptable to the Minister of National Revenue to the extent that

(i) the periods were credited under the pension plan before 1994, and

(ii) the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;

(i) subsection 8504(6) of the Income Tax Regulations does not apply in respect of benefits credited under the pension plan before 1994;

(j) the past service pension adjustment (PSPA) of an eligible pilot with respect to the CPBSL for the year in which this Part comes into force shall be determined as if the eligible pilot’s provisional PSPA with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act were nil, to the extent that the provisional PSPA relates to benefits provided under the pension plan in respect of years after 1993;

(k) for each particular year that is after 1993 and before 1998,

(i) the pension adjustment of an eligible pilot with respect to the CPBSL shall be determined as if the pension plan had been a registered pension plan in that particular year and as if all benefits provided to the pilot for that particular year had accrued on a current-service basis, and

(ii) information returns reporting the pension adjustment so determined must have been filed, not later than September 9, 1998, with the Minister of National Revenue in the form and manner authorized by that Minister;

(l) if the pension plan is registered under section 147.1 of the Income Tax Act within 120 days, or any longer period that is acceptable to the Minister of National Revenue, after June 11, 1998, the assets of the fund are deemed to have been transferred to the fund from a registered pension plan;

(m) the CPHQ shall assume the obligations of the employer under Part LXXXIV of the Income Tax Regulations with respect to eligible pilots; and

(n) the requirement of certification under paragraph 147.1(10)(a) of the Income Tax Act does not apply in relation to benefits provided under the pension plan before 1994 in respect of the years 1990, 1991, 1992 and 1993.

Marginal note:Additional benefits

(2) For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i).

Marginal note:Part X.1 tax

(3) For the purposes of Part X.1 of the Income Tax Act, the cumulative excess amount of an eligible pilot in respect of registered retirement savings plans at any time before July, 1998 shall be determined as if each of the following amounts were nil:

(a) any pension adjustment of the pilot referred to in paragraph (1)(k); and

(b) the pilot’s provisional PSPA, within the meaning of the Income Tax Regulations, with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act.

Regulations

Marginal note:Regulations

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

318. The Act is amended by replacing the word “Act” with the word “Part” in the following provisions:

(a) subsection 14(3);

(b) subsection 26(1);

(c) the portion of section 41 before paragraph (a);

(d) paragraph 48(a); and

(e) sections 49 to 51.

R.S., c. S-9Canada Shipping Act

Marginal note:1998, c. 16, s. 3

319. Subsection 52(3) of the Canada Shipping Act is replaced by the following:

Marginal note:Exemption from registration

(3) Ships exempt from registration under this Act before this Part comes into force continue to be exempt until two years or, in the case of a pleasure craft, six years after this Part comes into force.

Marginal note:R.S., c. 6 (3rd Supp.), s. 84

320. The definition “pollutant” in section 673 of the Act is replaced by the following:

“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,

and includes oil and any substance or class of substances identified by the regulations as a pollutant for the purposes of this Part;

1992, c. 40Yukon Waters Act

321. The portion of the definition “use” in section 2 of the Yukon Waters Act after paragraph (c) is replaced by the following:

but does not include a use connected with shipping activities that are governed by the Canada Shipping Act, 2001;

Coordinating Amendments

Marginal note:Bill C-10

322. (1) If Bill C-10, introduced in the 1st session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

(2) On the later of the coming into force of section 1 of this Act and subsection 16(3) of the other Act, subsection 16(3) of the other Act is replaced by the following:

Marginal note:Marine matters

(3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

(3) On the later of the coming into force of section 1 of this Act and subsection 16(5) of the other Act, subsection 16(5) of the other Act is replaced by the following:

Marginal note:Conflicts

(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act or the Aeronautics Act to the extent of any conflict between them.

(4) On the later of the coming into force of section 1 of this Act and subsection 29(4) of the other Act, subsection 29(4) of the other Act is replaced by the following:

Marginal note:Exception

(4) No measures may be directed to be taken under subsection (2) to prevent or mitigate any degradation or injury if action may be taken under the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act or the Canadian Environmental Protection Act, 1999, to prevent or mitigate the same degradation or injury.

Marginal note:Bill C-11

323. (1) If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections.

(2) If the heading before section 216 and sections 216 to 218 of the other Act are not in force when section 1 of this Act comes into force, then the heading before section 216 and sections 216 to 218 of the other Act are replaced by the following:

Canada Shipping Act, 2001

216. Paragraph (a) of the definition “qualified person” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:

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

217. Subsection 88(1) of the Act is replaced by the following:

Marginal note: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.

Marginal note:R.S., c. S-9

Canada Shipping Act

Marginal note:R.S., c. 6 (3rd Supp.), s. 84

218. Subparagraph 712(3)(b)(i) of the Canada Shipping Act is replaced by the following:

(i) are Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in the case of an individual, or

(3) If paragraph (a) of the definition “qualified person” in section 2 of this Act is not in force when section 1 of the other Act comes into force, then that paragraph is replaced by the following:

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

(4) If subsection 88(1) of this Act is not in force when section 1 of the other Act comes into force, then that subsection is replaced by the following:

Marginal note: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.

Marginal note:Bill S-2

324. (1) If Bill S-2, introduced in the 1st session of the 37th Parliament and entitled the Marine Liability Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (11) are amended as provided in those subsections.

(2) On the later of the coming into force of section 105 of this Act and subsections 29(1) and (2) of the other Act, subsections 29(1) and (2) of the other Act are replaced by the following:

Marginal note:Passenger claims, no Canadian maritime document

29. (1) The maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to passengers of a ship for which no Canadian maritime document is required under Part 4 of the Canada Shipping Act, 2001 is the greater of

(a) 2,000,000 units of account, and

(b) the number of units of account calculated by multiplying 175,000 units of account by the number of passengers on board the ship.

Marginal note:Passenger claims, no contract of carriage

(2) Notwithstanding Article 6 of the Convention, the maximum liability for maritime claims that arise on any distinct occasion for loss of life or personal injury to persons carried on a ship otherwise than under a contract of passenger carriage is the greater of

(a) 2,000,000 units of account, and

(b) 175,000 units of account multiplied by

(i) the number of passengers that the ship is authorized to carry according to its certificate under Part 4 of the Canada Shipping Act, 2001, or

(ii) if no certificate is required under that Part, the number of persons on board the ship.

(3) On the later of the coming into force of section 250 of this Act and section 42 of the other Act, section 42 of the other Act is replaced by the following:

Marginal note:Other statutory limitations of liability

42. Nothing in this Part affects the operation of any other Part of this Act, or section 250 of the Canada Shipping Act, 2001, or a provision of any other Act or regulation that limits the liability of owners of ships.

(4) On the later of the coming into force of section 165 of this Act and subsection 51(1) of the other Act, subparagraph 51(1)(b)(ii) of the other Act is replaced by the following:

(ii) a response organization within the meaning of section 165 of the Canada Shipping Act, 2001,

(5) On the later of the coming into force of section 180 of this Act and subsection 51(1) of the other Act, subparagraphs 51(1)(c)(i) and (ii) of the other Act are replaced by the following:

(i) by the Minister of Fisheries and Oceans in respect of measures taken under paragraph 180(1)(a) of the Canada Shipping Act, 2001, in respect of any monitoring under paragraph 180(1)(b) of that Act or in relation to any direction given under paragraph 180(1)(c) of that Act, or

(ii) by any other person in respect of measures the person was directed to take or refrain from taking under paragraph 180(1)(c) of the Canada Shipping Act, 2001,

(6) On the later of the coming into force of section 11 of this Act and subsection 103(2) of the other Act, subsection 103(2) of the other Act is replaced by the following:

Marginal note:Detention of ship

(2) A marine safety inspector who is authorized under paragraph 11(2)(d) of the Canada Shipping Act, 2001 to carry out inspections under section 211 of that Act and who has reasonable grounds for believing that an offence under subsection (1) has been committed in respect of a ship may make a detention order in respect of that ship, and section 222 of that Act applies to the detention order with any modifications that the circumstances require.

(7) On the later of the coming into force of section 250 of this Act and section 130 of the other Act, section 250 of this Act is replaced by the following:

Marginal note: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.

(8) On the later of the coming into force of section 280 of this Act and section 110 of the other Act, subsection 160(1) of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Definition of “spill”

160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part 6 of the Marine Liability Act applies.

(9) On the later of the coming into force of section 281 of this Act and section 111 of the other Act, subsection 165(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Definition of “spill”

165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part 6 of the Marine Liability Act applies.

(10) On the later of the coming into force of section 315 of this Act and section 117 of the other Act, subsection 24(1) of the Canada Oil and Gas Operations Act is replaced by the following:

Definition of “spill”

24. (1) In sections 25 to 28, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or any other federal law or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part 6 of the Marine Liability Act applies.

(11) On the later of the coming into force of section 180 of this Act and sections 126 and 127 of the other Act, the heading before section 673 and sections 673 to 676 of the Canada Shipping Act are repealed.

PART 15R.S., c. 17 (3rd Supp.) AMENDMENTS TO THE SHIPPING CONFERENCES EXEMPTION ACT, 1987

Marginal note:1992, c. 1, s. 128

325. Subsection 2(2) of the Shipping Conferences Exemption Act, 1987 is replaced by the following:

Marginal note:Filing of documents

(2) For the purposes of this Act, a document may be filed with or given to the Agency in paper form or electronic form, and is deemed not to have been filed with or given to the Agency until it has actually been received by the Agency.

326. (1) Paragraphs 4(3)(a) to (c) of the Act are replaced by the following:

(a) provides that any member of the conference may, after giving to the other members of the conference five days written notice, or such lesser number of days written notice as may be specified in the conference agreement, of the member’s intention to do so, take independent action;

(b) provides that, when a member of the conference gives notice as described in paragraph (a), any other member of the conference may, after giving to the other members of the conference notice in writing of the member’s intention to do so, take the same independent action as soon as the first independent action becomes effective; and

(c) provides that, when a member of the conference gives notice as described in paragraph (a), the members of the conference shall publish or cause to be published the new rate or service item in a tariff not later than five days after the day on which the notice is received by the members of the conference.

(2) Section 4 of the Act is amended by adding the following after subsection (3):

Marginal note:Exception re service contracts

(3.1) The terms and conditions established by a conference agreement under paragraph (1)(c) shall not have the effect of preventing a member of the conference from negotiating or entering into a service contract on terms and conditions that the member considers appropriate and without having to give notice to the other members or having to divulge the terms and conditions of the contract.

327. (1) Paragraph 6(1)(b) of the Act is replaced by the following:

(b) a copy of every service contract to which the member is a party, except a service contract referred to in subsection 4(3.1);

(2) Subsection 6(1) of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) to (f) with the following:

(d) a copy of each standard form of loyalty contract approved by the members of the conference, and of every amendment to such a standard form of loyalty contract.

(3) Subsection 6(2) of the Act is repealed.

Marginal note:1992, c. 1, par. 128(d)(E)

328. Section 7 of the Act is amended by adding the word “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

(d) paragraph 6(1)(d) shall be filed with the Agency not later than the day on which the standard form of loyalty contract becomes effective or, in the case of an amendment to that standard form, not later than thirty days after the day on which the amendment becomes effective.

Marginal note:1992, c. 1, s. 126

329. Sections 18 and 19 of the Act are replaced by the following:

Marginal note:Office in Canada

18. Members of a conference shall maintain jointly an office in that region of Canada where they operate.

INSPECTION OF DOCUMENTS

Marginal note:Availability of certain documents

19. (1) Members of a conference shall collectively make available to the public, in electronic form at all times, and at the conference’s offices during regular business hours, for inspection or for purchase at a reasonable price, copies of

(a) all documents in force, other than service contracts, that have been filed pursuant to section 6;

(b) all tariffs in force; and

(c) all notices in force that have been given pursuant to section 9 or 10.

Marginal note:Inspection at member’s office

(2) Every member of a conference shall make available to the public for inspection, at all that member’s principal offices in Canada during regular business hours, copies of all tariffs in force and of all notices that have been given pursuant to section 10 relating to an amendment to such a tariff.

Marginal note:Contents of tariff

(3) Each tariff shall set out

(a) the rates that may be assessed by a member of a conference who uses the tariff in connection with the transportation of goods other than the rates that may be assessed by that member under any service contract;

(b) the places from and to which every rate referred to in paragraph (a) applies;

(c) every rule and regulation that in any way determines the calculation of any rate set out in the tariff or affects or alters any term or condition for the transportation of goods; and

(d) the address of the office maintained pursuant to section 18 to which communications respecting the tariff or negotiation of rates with the members of the conference may be directed.

330. Subsection 24(1) of the Act is replaced by the following:

Marginal note:Non-compliance with Act or regulations

24. (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence.

PART 161999, c. 33 AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

331. (1) The definition “engine” in section 149 of the Canadian Environmental Protection Act, 1999 is replaced by the following:

“engine”

« moteur »

“engine” means any prescribed internal combustion engine, but does not include

(a) an engine designed to propel an aircraft as defined in subsection 3(1) of the Aeronautics Act;

(b) an engine designed to propel rolling stock as defined in section 6 of the Canada Transportation Act; or

(c) a marine compression-ignition engine that is rated at 37 kW or more and is designed to propel a vessel.

(2) Paragraph (c) of the definition “vehicle” in section 149 of the Act is replaced by the following:

(c) a vessel that is fitted, for the purpose of propulsion, with a marine compression-ignition engine that is rated at 37 kW or more.

(3) Section 149 of the Act is amended by adding the following in alphabetical order:

“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.

PART 17 REPEALS AND COMING INTO FORCE

Repeals

Marginal note:Repeal of certain provisions of R.S., c. S-9

332. The provisions of the Canada Shipping Act, other than sections 565 to 567, 571 and 572, the heading before section 574, sections 574 to 583, Part XIV, the heading before section 677 and sections 677, 677.1, 679 to 723 and 724 to 727, are repealed on a day or days to be fixed by order of the Governor in Council.

Marginal note:Repeal

333. The Maritime Code Act, chapter 41 of the Statutes of Canada, 1977-78, is repealed.

Coming into Force

Marginal note:Coming into force

334. (1) The provisions of this Act, other than sections 319 and 322 to 332, come into force on a day or days to be fixed by order of the Governor in Council.

Marginal note: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, 1920

2. 
Unemployment Indemnity (Shipwreck) Convention, 1920

3. 
Medical Examination of Young Persons (Sea) Convention, 1921

4. 
Minimum Age (Trimmers and Stokers), 1921

5. 
Marking of Weight (Packages Transported by Vessels) Convention, 1926

6. 
Seaman’s Articles of Agreement Convention, 1926

7. 
Protection of Accidents (Dockers) Convention (revised), 1932

8. 
Minimum Age (Sea) Convention (Revised), 1936

9. 
Certification of Able Seamen Convention, 1946

10. 
Certification of Ships’ Cooks Convention, 1946

11. 
Food and Catering (Ship’s Crews) Convention, 1946

12. 
Medical Examination (Seafarers) Convention, 1946

13. 
Seafarers’ Identity Documents Convention, 1958

14. 
Convention on Facilitation of International Maritime Traffic, 1965

15. 
International Convention on Load Lines, 1966

16. 
International Convention on Tonnage Measurement of Ships, 1969

17. 
Convention on the International Regulations for Preventing Collisions at Sea, 1972

18. 
International Convention for the Prevention of Pollution from Ships, 1973

19. 
International Convention for the Safety of Life At Sea of 1974

20. 
Convention on the International Maritime Satellite Organization (INMARSAT), 1976

21. 
Merchant Shipping (Minimum Standards) Convention, 1976

22. 
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978

23. 
Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships

24. 
Protocol of 1978 relating to the International Convention for the Safety of Life At Sea of 1974

25. 
Convention for the Suppression of Unlawful Act Against the Safety of Maritime Navigation, 1988

26. 
Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974

27. 
Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf

28. 
Protocol of 1988 relating to the International Convention on Load Lines, 1966

29. 
International Convention on Oil Pollution Preparedness Response and Cooperation, 1990

30. 
Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships

SCHEDULE 2(Subsection 29(2), sections 30 and 31 and paragraph 35(3)(a))INTERNATIONAL CONVENTIONS AND PROTOCOLS — MINISTER OF FISHERIES AND OCEANS

1. 
International Convention on Maritime Search and Rescue, 1979

2. 
International Convention on Oil Pollution Preparedness Response and Cooperation, 1990

SCHEDULE 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 that State 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.

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 in proportion 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 existing 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 liable 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 are nationals 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, each 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 cultural property of prehistoric, archaeological or historic interest and is situated on the seabed.
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