109. (1) In this Part, “ship” includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion, but excludes

(a) pleasure craft of less than twenty metres in length; and

(b) any vessel, boat or craft, of any length, propelled manually by oars or paddles.

(2) Regulations made under subsection 110(1) do not apply in respect of ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless the regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.

(3) For the purposes of subsection (2), the words “oil” and “gas” have the same meanings as in the Oil and Gas Production and Conservation Act.

R.S., 1985, c. S-9, s. 109; R.S., 1985, c. 6 (3rd Supp.), s. 9; 1994, c. 41, s. 37; 1998, c. 16, s. 23.

110. (1) Subject to subsection 109(2), the Governor in Council may make regulations respecting the certification of masters and seamen and, without limiting the generality of the foregoing, may make regulations

(a) prescribing the types and classes of certificates that may be granted to masters and seamen and the grade that each such type or class bears in relation to every other type or class;

(b) prescribing classes of ships in respect of which a certificate is not valid in the absence of an endorsement on that certificate stating that the certificate is valid for service on that class of ship;

(c) respecting the qualifications, including medical fitness, degree of knowledge, skill, training and experience, that an applicant for any type or class of certificate must meet;

(d) respecting the information to be furnished by an applicant for any type or class of certificate and the manner of determining whether such an applicant meets the qualifications required under paragraph (c) for the type or class of certificate that he has applied for;

(e) respecting examinations relating to the granting of certificates;

(f) prescribing the fee to be paid for taking any examination relating to the granting of a certificate, the fee to be paid for granting a certificate and the terms and conditions of payment of those fees;

(g) prescribing the form of certificates;

(h) prescribing the terms and conditions of certificates;

(i) prescribing, except where section 120 applies, the grounds and procedures for the suspension or cancellation of certificates granted under this Part other than certificates of master, mate or engineer;

(j) prescribing the Canadian ships, or classes of Canadian ships, that are required to have on board and employ persons holding the certificates specified in the regulations and the number of such persons or the proportion of the crew consisting of such persons that each of those ships, or each ship of any such class, shall have on board and employ; and

(k) prescribing, with respect to each type or class of certificate, the duties on any ship or ship of any class prescribed by any regulation made under paragraph (j) that are to be performed by persons holding certificates of that type or class.

(2) The provisions of this Part respecting certificates apply, with such modifications as the circumstances require, to endorsements referred to in paragraph (1)(b).

(3) No person shall perform any duty on a ship that is prescribed by any regulation made under paragraph (1)(k) as being a duty on that ship that is to be performed by a holder of a certificate of the type or class specified in the regulation unless the person holds a valid certificate of that type or class or the ship is exempt from the requirements of that regulation pursuant to section 132.

(4) Any person who contravenes

(a) a regulation made under subsection (1) that is applicable to that person or to a ship of which that person is the owner or master, or

(b) subsection (3)

is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

R.S., 1985, c. S-9, s. 110; R.S., 1985, c. 6 (3rd Supp.), s. 9.

111. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 110(1) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.

(2) Subsection (1) does not apply in respect of a proposed regulation that

(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or

(b) makes no substantive change to an existing regulation,

nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.

R.S., 1985, c. S-9, s. 111; R.S., 1985, c. 6 (3rd Supp.), s. 9.

112. Subject to subsection 109(2), the Governor in Council may extend the application of any regulation made under subsection 110(1) to or in respect of ships, other than Canadian ships, that are in Canadian waters.

R.S., 1985, c. S-9, s. 112; R.S., 1985, c. 6 (3rd Supp.), s. 9.

113. to 116. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 9]

117. (1) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 10]

(2) Subject to such conditions as the Minister may impose, a certificate granted under the laws of Newfoundland as master or mate of a foreign-going or home-trade ship may be accepted in lieu of a certificate as master or mate granted under this Part and may be suspended or cancelled by the Minister under like conditions as in the case of a certificate issued under this Part.

R.S., 1985, c. S-9, s. 117; R.S., 1985, c. 6 (3rd Supp.), ss. 10, 87(F).

118. and 119. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 11]

120. (1) Where the Minister believes on reasonable grounds that the holder of a certificate granted under this Part is incapacitated in respect of the performance of his duties as a certificated master or seaman by reason of his not meeting the medical fitness standards prescribed under paragraph 110(1)(c), the Minister may cause an inquiry to be held.

(2) Subsections 504(2) to (4) apply, with such modifications as the circumstances require, in respect of an inquiry under this section.

(3) Where, after an inquiry under this section, the Minister is satisfied that the certificated master or seaman is incapacitated in respect of the performance of his duties as such by reason of his not meeting the medical fitness standards prescribed under paragraph 110(1)(c), the Minister may suspend the certificate until such time as the Minister is satisfied that the holder thereof is no longer so incapacitated.

(4) The Minister shall forthwith notify in writing the holder of a certificate of his decision under subsection (3) and the reasons therefor.

R.S., 1985, c. S-9, s. 120; R.S., 1985, c. 6 (3rd Supp.), s. 11.

121. Subject to the provisions of this Act or the regulations respecting the suspension, cancellation or invalidation of certificates, certificates issued to masters and mates before the coming into force of this section remain in force for the class of ship and voyage for which they were issued.

R.S., 1985, c. S-9, s. 121; R.S., 1985, c. 6 (3rd Supp.), s. 11.

122. (1) to (3) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 12]

(4) No person shall act in the dual capacity of master and engineer in any ship, except that, subject to such regulations as the Governor in Council may make, this section does not apply to any ship, not exceeding sixty-five feet registered length, propelled by an internal combustion or motor engine, or other mechanical power deemed by the Minister to be equivalent to an internal combustion engine in the circumstances.

R.S., 1985, c. S-9, s. 122; R.S., 1985, c. 6 (3rd Supp.), s. 12.

123. Subject to the provisions of this Act or the regulations respecting the suspension, cancellation or invalidation of certificates, certificates issued to engineers before the coming into force of this section remain in force for the grades for which they were issued.

R.S., 1985, c. S-9, s. 123; R.S., 1985, c. 6 (3rd Supp.), s. 13.

124. (1) Subject to subsection (2), the Minister may appoint any person to act as an examiner for the purposes of this Part or any regulations made thereunder.

(2) No person shall be appointed as an examiner unless he has himself satisfactorily completed an examination before two or more examiners as to his fitness and competency to act as an examiner.

(3) Where an examiner is of the opinion that any statement made by an applicant for a certificate under this Part should be confirmed under oath, the examiner may administer the oath.

R.S., 1985, c. S-9, s. 124; R.S., 1985, c. 6 (3rd Supp.), s. 13.

125. (1) Where the Minister is satisfied, on the basis of the report of the examiners, that an applicant for a certificate under this Part

(a) meets the requirements prescribed under subsection 110(1) in respect of the certificate, and

(b) has given satisfactory evidence of his sobriety, experience, ability and general good conduct on board ship,

the Minister may grant the certificate.

(2) A certificate shall not be granted under this Part to an applicant who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

(3) The Minister, in every case in which a report of examiners appears to him to have been unfair or improper, may remit the case either to the same or to any other examiner and may require a re-examination of the applicant or a further inquiry into his testimonials and character.

(4) Where the Minister believes on reasonable grounds that the certificate of any master or seaman was obtained on a false statement or on erroneous information, the Minister may, with respect to either a certificate granted under this Part or a certificate granted in any other country, in so far only as concerns the validity of the latter certificate in Canada, suspend or cancel the certificate.

R.S., 1985, c. S-9, s. 125; R.S., 1985, c. 6 (3rd Supp.), s. 13; 2001, c. 27, s. 217.

126. The Minister may, from time to time, take such measures as he deems fit to provide facilities to enable applicants for certificates under this Part to receive such instruction or information as may enable them to meet the qualifications prescribed by this Part and any regulations made thereunder in respect of those certificates.

R.S., 1985, c. S-9, s. 126; R.S., 1985, c. 6 (3rd Supp.), s. 13.

127. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 13]

128. (1) The Governor in Council may direct, subject to such conditions as he may impose, that any certificate of a master or seaman granted by any authority competent to issue those certificates under the laws of another country may be accepted in lieu of a certificate granted under this Part, if he is satisfied that examinations for the issue of those certificates are conducted as efficiently as the examinations for the same purpose provided for in this Part, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under this Part.

(2) Any certificate may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister under like conditions to those that attach to a certificate issued under this Part, and any certificate so suspended or cancelled shall be delivered up by the owner to the Minister, who shall thereupon return it to the authority by which it was issued.

(3) This section applies only to certificates issued by the government of a country that has entered into a reciprocal arrangement with the Government of Canada to accept in lieu of certificates of that country certificates issued under this Part.

R.S., 1985, c. S-9, s. 128; R.S., 1985, c. 6 (3rd Supp.), ss. 14, 87(F).

129. Every person who

(a) makes, procures to be made or assists in making any false representation for the purpose of obtaining for himself or for any other person any certificate granted under this Part;

(b) forges, assists in forging or procures to be forged, or fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered, any certificate described in paragraph (a) or any official copy thereof,

(c) fraudulently makes use of any certificate described in paragraph (a) that is forged, altered, cancelled or suspended, or to which he is not justly entitled, or

(d) fraudulently lends a certificate described in paragraph (a) to or allows the certificate to be used by any other person,

is guilty of an indictable offence.

R.S., 1985, c. S-9, s. 129; R.S., 1985, c. 6 (3rd Supp.), ss. 15, 87(F).

130. (1) Where a ship is required by the regulations under this Part to have on board a master holding a master’s certificate, such master shall produce to every officer of customs in Canada to whom he applies for a clearance of that ship on any voyage the certificates that, under this Act or the regulations, the master and the mates and engineers of the ship are required to hold.

(2) No officer of customs at any port in Canada shall clear the ship on any voyage unless the proper certificates are first produced to him, and the ship may be detained until those certificates are produced.

(3) If the master of the ship proceeds to sea without previous compliance with this section, he is guilty of an offence punishable on summary conviction.

R.S., 1985, c. S-9, s. 130; R.S., 1985, c. 6 (3rd Supp.), s. 16.

131. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 17]

132. (1) The Minister may, on such conditions as he deems fit, exempt any ship from any requirement contained in regulations made under subsection 110(1) or from any requirement contained in section 130, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied that the requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made with respect to the subject-matter of the requirement in the case of the ship is as effective as actual compliance with the requirement.

(2) The Minister shall annually lay before Parliament a special report stating the cases in which he has exercised his power under this section during the preceding year and the grounds on which he has acted in each case.

R.S., 1985, c. S-9, s. 132; R.S., 1985, c. 6 (3rd Supp.), s. 18.

133. (1) Where the master of a ship produces to the chief officer of customs in Canada to whom he applies for a clearance the certificates that under this Act or the regulations the mates and engineers of the ship are required to hold, and the master obtains a clearance by representing that any person holding such a certificate is engaged as a mate or engineer of the ship for the voyage for which the clearance is obtained, and afterwards the master proceeds from any place in Canada without having on board that person or some other mate or engineer holding a certificate of the proper grade, type or class to act in his stead, the master is guilty of an offence and liable to a fine not exceeding ten thousand dollars.

(2) Where a person knowingly allows his certificate as mate or engineer to be produced by the master of a ship to the chief officer of customs in Canada to whom the master applies for a clearance, and the person does not, without satisfactory excuse, proceed with the ship, as mate or engineer, on the voyage for which the clearance is obtained, that person is guilty of an offence and liable to a fine not exceeding ten thousand dollars.

(3) The Minister may, with respect to either a certificate granted under this Part or a certificate granted in another country, in so far only as concerns the validity of the latter certificate in Canada, suspend, for any period not exceeding twelve months, the certificate of any person convicted of an offence under subsection (1) or (2).

R.S., 1985, c. S-9, s. 133; R.S., 1985, c. 6 (3rd Supp.), s. 19.

134. The master of any tug or other ship required to have a certificated master, but so employed as not to require a clearance, shall, whenever required by any officer of customs, produce the master’s certificate as master and the certificate of the engineer on board to that officer, and for each contravention of this section the master is guilty of an offence and liable to a fine not exceeding one thousand dollars.

R.S., 1985, c. S-9, s. 134; R.S., 1985, c. 6 (3rd Supp.), s. 19; 1992, c. 31, s. 25.

135. A record of all certificates granted under this Part shall be kept in the Department.

R.S., 1985, c. S-9, s. 135; R.S., 1985, c. 6 (3rd Supp.), s. 19.

136. Whenever notice of the cancelling, suspending or altering or otherwise affecting, by competent authority, of any certificate is received by the Department, there shall thereupon be made a corresponding entry in the record of certificates.

R.S., 1985, c. S-9, s. 136; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

137. (1) Where a certificate granted under this Part is suspended, cancelled or invalidated by or pursuant to this Act or the regulations, the holder of the certificate shall, as soon as possible, deliver it up to the Minister.

(2) The Minister may, if he thinks that the justice of the case requires it, reissue and return any certificate granted under this Part that has been suspended, cancelled or invalidated by or pursuant to this Act or the regulations, shorten the time for which such certificate is suspended or grant in place thereof a certificate of the same or any lower grade.

R.S., 1985, c. S-9, s. 137; R.S., 1985, c. 6 (3rd Supp.), s. 20.

138. (1) Where a master or seaman has lost or been deprived of

(a) any certificate granted under this Part, or

(b) any document attesting the result of an examination relating to the granting of a certificate under this Part,

the Minister shall, subject to subsection (2), cause a replacement of the original certificate or document to be made out, certified and delivered to that master or seaman.

(2) Where the Minister is satisfied that the loss or deprivation referred to in subsection (1) was due to fault on the part of the master or seaman in question, a replacement of the original certificate or document shall not be provided except on payment of a fee fixed by the Minister.

R.S., 1985, c. S-9, s. 138; R.S., 1985, c. 6 (3rd Supp.), s. 20.

139. (1) All documents purporting to be certificates granted by the Minister under this Part, and to be signed by him, shall be admitted in evidence, and shall be deemed to be valid certificates, without further proof, unless the contrary is shown.

(2) A copy of any certificate, purporting to be certified by the Minister or the Deputy Minister, is evidence of that certificate, and a copy, purporting to be so certified, of any entry made in respect of any certificate is evidence of the entry and of the truth of the matter stated therein.

R.S., 1985, c. S-9, s. 139; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

140. All fees received under this Part shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.

R.S., c. S-9, s. 142.