301. The Governor in Council may appoint at such places in Canada as he deems advisable, persons to inspect

(a) the machinery of steamships,

(b) the hulls of steamships,

(c) the equipment of steamships, and

(d) the electrical installations in steamships,

and a person so appointed shall be referred to in this Act as a “steamship inspector”.

R.S., c. S-9, s. 366.

302. No person shall be appointed a steamship inspector unless he has passed a satisfactory examination before the Board of Steamship Inspection, and has obtained a certificate to that effect from the Chairman of the Board, and no person after appointment as a steamship inspector shall be financially interested in the construction or sale of steamships, their equipment or machinery.

R.S., c. S-9, s. 367.

303. (1) Before entering on his duties, a steamship inspector shall take and subscribe, before a person authorized to administer oaths, an oath to execute well, faithfully and impartially, the duties assigned to him by this Act, which oath shall be in the form or to the effect following:

I, ........, do solemnly swear that I will well, faithfully and impartially, to the best of my judgment, skill and understanding, execute the duties assigned to the office of steamship inspector. So help me God.

(2) The oath taken by a steamship inspector shall be forwarded forthwith to the Minister.

R.S., c. S-9, s. 368.

304. (1) There shall be a Board of Steamship Inspection, composed of the steamship inspectors and such other persons as the Minister may appoint.

(2) The Governor in Council may appoint any member of the Board to be Chairman.

(3) Three members of the Board, one of whom shall be the Chairman, form a quorum.

(4) The Chairman has the right to vote at meetings of the Board, and, in the case of an equal division, has also a casting vote.

R.S., c. S-9, s. 369.

305. (1) The Board shall sit at the direction of the Chairman, and a record of the proceedings thereof shall be kept by the Chairman.

(2) It shall be the duty of the Board

(a) to give decisions in respect of the structural strength and suitability from the point of view of the safety of hulls, machinery and equipment where unusual features are presented;

(b) to give decisions on such matters arising under this Part as may be referred to it by the Chairman; and

(c) to examine candidates for the position of steamship inspector.

(2.1) On application made in writing setting out the circumstances of the case, the Board may, in writing, for such period and on such conditions as it specifies,

(a) exempt any ship from complying with any provision of the regulations made under this Act relating to design, construction, equipment, radio equipment, machinery, inspection, manning or operation of ships, where the Board considers that the exemption is necessary or desirable; or

(b) permit the substitution, for any such provision of the regulations, of any other provision that, in the opinion of the Board, provides a level of safety at least equivalent to that provided by compliance with that provision of the regulations.

(2.2) Failure to comply with a provision substituted pursuant to paragraph (2.1)(b) shall be deemed to constitute failure to comply with the provision of the regulations for which it was substituted.

(3) The Board may make rules and regulations for its own conduct, for the uniform inspection of steamships and for such other purposes as are necessary under this Part, and those rules and regulations after they are approved by the Governor in Council have force and effect as if enacted in this Part.

R.S., 1985, c. S-9, s. 305; R.S., 1985, c. 6 (3rd Supp.), s. 32.

306. The Chairman shall supervise the steamship inspectors, receive and examine all their reports and accounts and is responsible to the Minister for the administration of the law relating to steamship inspection.

R.S., c. S-9, s. 371.

307. (1) Any matter in dispute arising under this Act between the owner of a ship or any other interested party and a steamship inspector may be referred by either of them to the Chairman, who shall decide on the matter himself, or, if he considers that the circumstances warrant it, shall refer it to the Board for a decision.

(1.1) This section also applies, with such modifications as the circumstances require, to matters in dispute referred to in section 551.

(2) Where a matter in dispute involves the issue or withholding of a certificate of inspection, the decision of the Chairman or of the Board that a certificate be issued is sufficient authority to the inspector to issue it.

(3) Where the owner of a ship or any other interested party is dissatisfied with any decision given by the Chairman or by the Board under subsection (1), or where any matter in dispute arises under this Part between the owner of a ship or any other interested party and the Chairman or the Board, the owner or party may refer the matter to the Minister, who shall finally decide the matter.

(4) Any reference of a matter in dispute and any decision given in respect thereof made under this section shall be in writing.

R.S., 1985, c. S-9, s. 307; R.S., 1985, c. 6 (3rd Supp.), s. 33.

308. (1) From among the members of the Board the Minister may appoint one or two Deputy Chairmen and, in the latter case, the Minister shall designate one as the First Deputy Chairman and the other as the Second Deputy Chairman.

(2) Where only one Deputy Chairman is appointed, the Deputy Chairman has all the powers and duties of the Chairman in the event of the absence or incapacity of the Chairman or if the office of Chairman is vacant.

(3) Where two Deputy Chairmen are appointed, subsection (2) applies in turn, with such modifications as the circumstances require, to the First Deputy Chairman and the Second Deputy Chairman.

R.S., 1985, c. S-9, s. 308; R.S., 1985, c. 6 (3rd Supp.), s. 34.

309. The Chairman may at any time inspect the hull, equipment or machinery of any ship, and if he suspects a steamship inspector of having neglected his duty in respect of that ship, or in any other respect, he may call a meeting of the Board to investigate the case, or he may investigate it himself, and the result of the investigation shall be communicated forthwith, in writing, to the Minister.

R.S., c. S-9, s. 374.

310. (1) A steamship inspector, in the performance of his duties, may go on board any ship at all reasonable times and inspect the ship, or any of the machinery or equipment thereof, or any certificate of a master, mate or engineer, and if he considers the ship unsafe, or, if a passenger ship, unfit to carry passengers, or the machinery or equipment defective in any way so as to expose persons on board to serious danger, he shall detain that ship.

(2) A steamship inspector may detain any ship in respect of which any of the provisions of this Act have not been complied with, if, in his opinion, detention is warranted in the circumstances.

(3) When, under this section, a steamship inspector visits any ship, he may ask the owner or his agent, the master or chief engineer, or any other person on board and in charge or appearing to be in charge any pertinent question concerning the ship, or concerning any accident that has happened thereto, that he thinks fit, and every such person shall fully and truly answer every question.

(4) A steamship inspector may require that the machinery of a ship be put in motion so that he may satisfy himself as to its condition.

R.S., 1985, c. S-9, s. 310; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

311. (1) When a steamship inspector inspects any steamship, he shall satisfy himself that the steamship has the navigation lights and other equipment required under the Collision Regulations and that it has the proper certificated officers, navigating and engineering, required under this Act, and a certificate shall not be given to any steamship unless it has the navigating equipment and certificated officers.

(2) A steamship inspector shall demand of the owner or master of every steamship that he inspects the production of the certificate of registry or licence of the vessel, and the owner or master shall produce that certificate or licence on demand.

(3) A steamship inspector may demand all reasonable assistance from the owner or master of a ship for the purpose of making an inspection or obtaining information.

R.S., 1985, c. S-9, s. 311; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

312. A steamship inspector shall keep a record of the inspections he makes and certificates he issues, in such form and with such particulars respecting them as the Chairman directs, and shall furnish copies thereof and any other information pertaining to the duties of his office that the Chairman may require.

R.S., c. S-9, s. 377.

313. (1) The expenses or any part of the expenses incurred by a steamship inspector in respect of any inspection he may make, or be requested to make, under this Part, shall be paid by the owner of a ship in such manner as the Minister may direct, if

(a) inspection is made at a place outside Canada; or

(b) the Minister decides in respect of any inspection made in Canada that, due to the fault, or default, of the owner of any ship, his agent, the master or any other servant of the owner, the expenses incurred by any steamship inspector were in whole or in part thrown away, wasted or unreasonably increased.

(2) Where the expenses referred to in subsection (1) are not paid forthwith, the ship in respect of which they were incurred is liable to be detained until they are paid.

R.S., c. S-9, s. 378.

314. The Governor in Council may make regulations to implement the Safety Convention and the Load Line Convention.

R.S., 1985, c. S-9, s. 314; R.S., 1985, c. 6 (3rd Supp.), s. 35.

314.1 The Governor in Council may make regulations to implement, in whole or in part, the provisions of the International Safety Management Code of the Safety Convention adopted by the International Maritime Organization on November 4, 1993, as amended from time to time, in respect of ships other than Safety Convention ships.

R.S., 1985, c. 6 (3rd Supp.), s. 35; 1998, c. 16, s. 5.

315. The Governor in Council, if satisfied that the government of any country has ratified, acceded to or denounced the Safety Convention, may make a declaration to that effect.

R.S., 1985, c. S-9, s. 315; R.S., 1985, c. 6 (3rd Supp.), s. 36.

316. (1) Every Canadian Safety Convention ship that is a passenger ship and every nuclear ship registered in Canada shall have its hull, machinery and equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter.

(2) Every Canadian Safety Convention ship that is a cargo ship of five hundred tons gross tonnage or more, other than a nuclear ship, shall have

(a) its equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once every two years thereafter; and

(b) its hull and machinery inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter or, if surveys or inspections referred to in subsection 319(4) are made, in such longer period, not exceeding twenty-five years, as may be prescribed by regulations made under paragraph 319(5)(f).

(3) Subject to sections 405 to 407, every Canadian steamship that is not a ship described in subsection (1) or (2) shall have its hull, machinery and equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter or, if surveys or inspections referred to in subsection 319(4) are made, in such longer period, not exceeding twenty-five years, as may be prescribed by regulations made under paragraph 319(5)(f).

(4) Notwithstanding subsections (2) and (3), where the hull, machinery and equipment of a ship described in those subsections are inspected at intervals less frequent than once a year, the ship shall, in addition, be inspected by a steamship inspector at least once in each year to the extent prescribed in the regulations.

(4.1) Notwithstanding the definitions “equipment” and “hull” in section 2, anchors and cables shall, for the purposes of subsections (2), (3) and (4), be deemed to be part of the hull and not part of the equipment.

(5) It is the duty of the owner to have an inspection made under this section, and no steamship described in this section shall be used unless there is on board and in force a certificate or certificates issued under section 318 or 319, applicable to the voyage on which the steamship is about to proceed and to the trade in which it is engaged.

(6) The owner or person in charge for the time being of any steamship that makes any voyage contrary to this section is guilty of an offence and liable to a fine of not more than one thousand dollars and not less than one hundred dollars.

(7) Where a fine imposed under subsection (6) and the costs of conviction are not paid forthwith, the steamship, subject to the direction of the Minister, is liable to be seized and sold by a chief officer of customs, or any person thereto directed by the Minister, and the fine, the costs of conviction and the costs of the seizure and sale shall be paid out of the proceeds of the sale, and the surplus, if any, shall be paid over to the owner of the steamship.

R.S., 1985, c. S-9, s. 316; R.S., 1985, c. 6 (3rd Supp.), s. 37.

317. A steamship inspector, if satisfied on inspection of a steamship, that he can with propriety do so, shall forward a report to the Chairman, which shall contain statements showing

(a) that the hull and machinery are sufficient for the service intended and in good condition;

(b) that the hull and machinery are constructed, arranged and fitted in accordance with the regulations made under this Part;

(c) that the equipment that is required under the regulations is on board and in good condition;

(d) that the master, mates and engineers are persons duly certificated as required under this Act, and that the crew is sufficient and efficient;

(e) the class of voyage on which the steamship is fit to ply, and the time, if less than one year, for which the hull, equipment and machinery will be sufficient;

(f) if the steamship is a passenger steamship, the number of passengers that it may carry; and

(g) the steam pressure that may be carried on the boilers.

R.S., 1985, c. S-9, s. 317; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

317.1 The Minister may authorize any person, classification society or other organization to conduct inspections under this Act, subject to this Act and the terms and conditions that are specified by the Minister in the instrument of authorization.

1998, c. 16, s. 6.

317.2 A person, classification society or other organization authorized under section 317.1 to conduct inspections does not have the powers of a steamship inspector, but may issue any certificate that may be issued by a steamship inspector, other than an Exemption Certificate.

1998, c. 16, s. 6.

317.3 (1) A person, classification society or other organization referred to in section 317.2 who does not issue a certificate may deliver their report to a ship inspector.

(2) A ship inspector may act on the report and issue the appropriate inspection or Safety Inspection certificates.

(3) A ship inspector is not liable by reason only of issuing a certificate under subsection (2).

1998, c. 16, s. 6.

318. (1) Where the Chairman has received a report of inspection described in section 317 and a report of a radio inspector described in section 346 in respect of a Canadian Safety Convention ship that is a passenger ship or a nuclear ship, and he is satisfied that all the relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship an inspection certificate and the Safety Convention certificate that is described in section 321 and that is appropriate to the class and intended service of that ship.

(2) Where, after an inspection of a Canadian Safety Convention ship that is a cargo ship of five hundred tons gross tonnage or more, other than a nuclear ship, covering all the particulars set forth in section 317, a steamship inspector is satisfied that all relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship the Safety Convention certificates that are described in section 321 and that are appropriate to the class and intended service of that ship.

(3) Where the Chairman has received a report of inspection described in section 317 in respect of a Canadian ship that is a nuclear ship not intended to be used on an international voyage, and he is satisfied that all the relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship an inspection certificate that is appropriate to the class and intended service of that ship.

(4) The Chairman shall maintain a register of all Safety Convention certificates issued pursuant to this section and shall cause each certificate to be marked to show that it has been registered.

R.S., c. S-9, s. 383.

319. (1) Where a Canadian steamship is not a ship described in section 318, a steamship inspector shall issue for that ship an inspection certificate that is appropriate to the class and intended service of that ship if he

(a) has inspected the hull, equipment and machinery in accordance with any regulations that may be made in respect of inspection under this Part, or has had presented to him proper documentary evidence that such inspection has been made by another inspector;

(b) is satisfied that he can with propriety do so, having due regard to the sufficiency and condition of the hull, equipment and machinery; and

(c) is satisfied that all relevant provisions of this Act have been complied with.

(2) The inspection required for the issue of a certificate under this section shall cover all the particulars set out in section 317 applicable in the case of any particular ship.

(3) For the purposes of this section and subsection 318(2), the Chairman may direct that a survey or inspection by

(a) an exclusive surveyor to a society or association for the classification and registry of ships, approved by the Minister, or

(b) a surveyor or inspector appointed by the government of a country other than Canada,

if made at a place outside Canada may, subject to the regulations, be deemed to have been made by a steamship inspector, and the report of that surveyor or inspector may be delivered to a steamship inspector who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.

(4) For the purposes of this section and of section 318, the Governor in Council may, by regulations made under subsection (5), provide that a survey or inspection of a ship by an exclusive surveyor to a society or association for the classification and registry of ships, if made at a place in Canada, may be deemed to have been made by a steamship inspector, and the report of that surveyor may be delivered to the Chairman or to a steamship inspector, as the case may be, who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.

(5) The Governor in Council may make regulations prescribing

(a) the classes of ships to which subsection (4) applies;

(b) which societies or associations for the classification and registry of ships are recognized for the purposes of subsection (4);

(c) the scope of surveys or inspections referred to in subsection (4);

(d) the terms and conditions under which a report of a surveyor referred to in subsection (4) may be accepted by the Chairman or by a steamship inspector, including the submission to the Chairman or steamship inspector of information in addition to the report of the surveyor;

(e) the terms and conditions of the continued validity of a certificate issued by the Chairman or by a steamship inspector pursuant to subsection (4); and

(f) the longer period, not exceeding twenty-five years, referred to in paragraph 316(2)(b) and subsection 316(3).

(6) The Chairman or a steamship inspector is not liable to any person by reason only of having issued the appropriate certificate in reliance on a report of a surveyor or inspector referred to in subsection (3) or (4).

R.S., 1985, c. S-9, s. 319; R.S., 1985, c. 6 (3rd Supp.), ss. 38, 87(F).

319.1 [Repealed, 1998, c. 16, s. 7]

320. The Governor in Council may make regulations providing for the form of and the particulars to be given in an inspection certificate to be issued in respect of a steamship pursuant to section 318 or 319, and that certificate shall, in addition to any particulars required to be shown under the regulations, state

(a) the limits, if any, beyond which the steamship is not fit to ply;

(b) the number of persons, including the master, composing the crew of the steamship; and

(c) the number of passengers that a passenger steamship is fit to carry, distinguishing, if necessary, the number to be carried in each part of the steamship, and any conditions and variations to which the number is subject.

R.S., c. S-9, s. 385.

321. The Safety Convention certificate to be issued pursuant to section 318 is, in the case of a ship

(a) that complies with all the provisions of this Part applicable to Safety Convention passenger ships, other than nuclear ships, a Passenger Ship Safety Certificate;

(b) that complies with all the provisions of this Part relating to construction that are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo Ship Safety Construction Certificate;

(c) that complies with all the provisions of this Part relating to safety equipment that are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo Ship Safety Equipment Certificate;

(d) that is issued a certificate described in paragraph (a), (b) or (c) and is exempted from any of the provisions of this Part that would otherwise be applicable to it, an Exemption Certificate;

(e) that complies with all the provisions of this Part applicable to Safety Convention nuclear passenger ships, a Nuclear Passenger Ship Safety Certificate; and

(f) that complies with all the provisions of this Part applicable to Safety Convention nuclear cargo ships, a Nuclear Cargo Ship Safety Certificate.

R.S., c. S-9, s. 385.

322. (1) Where, in the course of a voyage, a Canadian ship for which a Passenger Ship Safety Certificate has been issued has on board a number of persons that is less than the number of persons stated in the certificate, the Chairman or a person authorized by him may issue a memorandum stating the number of persons carried on that voyage and the modifications that may be made with respect to the life-saving appliances carried on the ship on that voyage, and that memorandum shall be annexed to the certificate.

(2) Every memorandum described in subsection (1) shall be returned to the Minister at the end of the voyage to which it relates, and, if it is not so returned, the master of the steamship is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 386.

323. (1) The owner or master of a ship, in respect of which a certificate has been issued pursuant to section 318 or 319, shall cause that certificate to be posted on the ship in a conspicuous place accessible to all persons on board and to remain so posted for so long as the certificate is in force and the ship is in use.

(2) A certificate issued pursuant to section 318 or 319, other than an Exemption Certificate, shall be in force for a period not in excess of

(a) five years, in the case of a Cargo Ship Safety Construction Certificate,

(b) two years, in the case of a Cargo Ship Safety Equipment Certificate,

(c) four years, in the case of an inspection certificate issued in respect of a ship to which section 407 applies, and

(d) one year, in the case of any other certificate,

or until such earlier date that notice that the certificate is cancelled is given by the Chairman to the owner or master.

(3) No Exemption Certificate shall be in force for a longer period than the certificate to which it relates.

R.S., 1985, c. S-9, s. 323; R.S., 1985, c. 6 (3rd Supp.), s. 40.

324. (1) Where a Canadian ship in respect of which a certificate, other than a Cargo Ship Safety Construction Certificate, has been issued under section 318 or 319, is absent from Canada at the date when the certificate expires, the Minister or any person authorized by him for the purpose may, if it appears proper and reasonable to do so, grant such extension of the certificate as will allow the ship to return to Canada, but no such extension has effect for a period exceeding five months, and no such ship shall, after returning to a port in Canada, clear from that port until inspection has been made and a new certificate issued.

(2) A certificate, other than a Cargo Ship Safety Construction Certificate, that has been issued pursuant to section 318 or 319 and that has not been extended under subsection (1) may be extended by the Minister or any person authorized by him for a period of not more than one month beyond the date when it would otherwise expire.

R.S., 1985, c. S-9, s. 324; R.S., 1985, c. 6 (3rd Supp.), s. 41.

325. (1) A certificate may be cancelled by the Minister if

(a) there is reason to believe that it was obtained fraudulently, or on wrong information, or that, since it was issued, the hull, equipment, radio equipment or machinery has sustained any injury or is otherwise insufficient;

(b) any structural alterations have been made, in the steamship in respect of which it was issued, that would alter the essential conditions under which the certificate was issued; or

(c) the ship has not been inspected as and when required by subsections 316(1) to (4) and any regulations made thereunder.

(2) A certificate that has been cancelled shall be delivered up on demand to an inspector.

R.S., 1985, c. S-9, s. 325; R.S., 1985, c. 6 (3rd Supp.), s. 42.

326. The Minister may request the government of a country to which the Safety Convention applies to issue in respect of a Canadian ship any certificate provided for by the Safety Convention, and a Certificate issued in pursuance 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 sections 318 and 348.

R.S., c. S-9, s. 388.

327. (1) The Minister may, at the request of the government of a country to which the Safety Convention applies, cause any certificate provided for by the Safety Convention to be issued in respect of a ship of that country if he is satisfied, in like manner as in the case of a Canadian ship, that such certificate may properly be issued, and, where a certificate is issued at such a request, it shall contain a statement that it has been so issued.

(2) Where a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship and there is annexed to that certificate a memorandum that

(a) has been issued by or under the authority of the government of the country to which the steamship belongs, and

(b) modifies for the purpose of any particular voyage, in view of the number of persons actually carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances,

the certificate has effect for the purpose of that voyage as if it were modified in accordance with the memorandum.

R.S., c. S-9, s. 389.

328. (1) Where a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship

(a) subsection 316(1) relating to inspection of machinery shall be deemed to have been complied with in the case of that ship;

(b) the inspection of the hull and equipment under subsection 316(1) shall be limited to ascertaining the number of passengers that the ship is fit to carry, and it is not necessary for the report of the inspector to contain a statement of any further particulars than those set out in paragraph 317(f); and

(c) on receipt of the report referred to in paragraph (b) there shall be issued a certificate indicating that this section has been complied with.

(2) Where

(a) a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship, together with an inspection certificate issued by or under the authority of the government of the country to which the ship belongs showing the number of passengers the ship is fit to carry, and

(b) the Minister is satisfied that the number of passengers the inspection certificate shows the ship may carry with safety has been determined substantially in the same manner as is prescribed in this Act or the regulations with respect to a Canadian Safety Convention ship,

the Minister may dispense with the inspection mentioned in paragraph (1)(b) in respect of that ship.

(3) Where a valid Cargo Ship Safety Equipment Certificate, a valid Cargo Ship Safety Construction Certificate and, if one has been issued, a valid Exemption Certificate relating to either of those certificates are produced in respect of a Safety Convention cargo ship of five hundred tons gross tonnage or more that is not a Canadian ship, the ship is not subject to inspection in respect of matters dealt with by such certificates, except in so far as may be necessary to determine that the condition of the ship and its equipment corresponds substantially with the particulars set out in the certificates.

R.S., 1985, c. S-9, s. 328; R.S., 1985, c. 6 (3rd Supp.), s. 43.

329. (1) Where a valid Safety Convention certificate is produced in respect of a Safety Convention ship that is not a Canadian ship,

(a) the ship is exempt from compliance with the regulations made under this Act with respect to life-saving appliances; and

(b) the ship shall not be deemed to be unsafe for the purposes of section 392 by reason of the defective condition of the hull, equipment or machinery, if it appears that the conditions correspond substantially with the particulars in the certificate, but if it appears to the chief officer of customs that the conditions do not correspond substantially with the particulars in the certificate and that the ship cannot proceed to sea without danger to the passengers or the crew, he shall detain the ship until he is satisfied that the ship can proceed safely to sea.

(2) Where a ship is detained under paragraph (1)(b), the chief officer of customs shall forthwith inform the consular officer of the country in which the ship is registered of all the circumstances of the case and shall advise the Chairman of the action he has taken.

R.S., 1985, c. S-9, s. 329; R.S., 1985, c. 6 (3rd Supp.), s. 44.

330. A clearance shall not be granted for any Safety Convention ship until there has been produced to the officer of customs from whom clearance is requested

(a) if the ship is a passenger ship other than a nuclear ship, a valid Passenger Ship Safety Certificate and, if one has been issued, a valid Exemption Certificate;

(b) if the ship is a nuclear passenger ship, a valid Nuclear Passenger Ship Safety Certificate;

(c) if the ship is a nuclear cargo ship and there has not been produced a certificate mentioned in paragraph (b), a valid Nuclear Cargo Ship Safety Certificate; and

(d) if the ship is a cargo ship other than a nuclear ship and there has not been produced a certificate mentioned in paragraph (a),

(i) a valid Cargo Ship Safety Construction Certificate and a valid Cargo Ship Safety Equipment Certificate, where the gross tonnage of the ship is five hundred tons or more, and

(ii) a valid Cargo Ship Safety Radio-telegraphy Certificate, where the gross tonnage of the ship is sixteen hundred tons or more, or a valid Cargo Ship Safety Radio-telegraphy Certificate or a valid Cargo Ship Safety Radio-telephony Certificate, where the gross tonnage of the ship is less than sixteen hundred tons,

and any valid Exemption Certificate that has been issued in respect of the ship.

R.S., c. S-9, s. 392.

331. (1) A ship registered in a country that is not a party to the Safety Convention and that is carrying more than twelve passengers, is of three hundred tons gross tonnage or more or is a nuclear ship shall not go on an international voyage from any place in Canada unless it complies with all the provisions of this Part and the regulations applicable to Canadian Safety Convention ships, but the Minister may authorize the clearance of the ship if he is satisfied that

(a) no passengers are carried;

(b) the amount of cargo carried is not more than is sufficient to enable the ship to make a voyage in safety;

(c) the hull, boilers, machinery and equipment of the ship are in good condition and sufficient for the voyage contemplated; and

(d) the radio installation is in good condition and sufficient for the voyage contemplated.

(2) Where this section is contravened in respect of any ship, the ship shall be detained by the chief officer of customs until this section has been complied with.

R.S., 1985, c. S-9, s. 331; R.S., 1985, c. 6 (3rd Supp.), s. 45(F).

332. (1) Where the inspection certificate issued in respect of any steamship shows that it is allowed to make voyages between any two places, and the certificate is qualified to show that the voyage is to be made with calls at one or more intermediate places specified, the certificate is only valid on a voyage where such calls are made.

(2) Where the owner of a steamship requests the issue of an inspection certificate that allows the steamship to make voyages between two places, the certificate is not valid if, in the course of any voyage, the ship is taken beyond the limits of voyages allowed by the certificate.

(3) A steamship that makes a voyage from a place in Canada, and returns to the same place without calling at another place, shall be deemed

(a) to be making a foreign voyage, if, during the course of the voyage, the ship is, unless by deviation caused solely by stress of weather or other circumstances that the master or owner of the ship could not prevent or forestall, more than two hundred nautical miles from shore; and

(b) to be making a home-trade voyage if, during the course of the voyage, it is not more than two hundred nautical miles from shore, and the voyage is not an inland voyage.

(4) The Minister may direct that any voyage between places not in Canada that is similar in characteristics to a home-trade voyage as defined in this Act shall be deemed to be a home-trade voyage for the purpose of the granting of a certificate of inspection under this Act, if, during the course of the voyage, the ship does not, unless by deviation caused solely by stress of weather or other circumstances that the master or owner of the ship could not prevent or forestall, go more than two hundred nautical miles off shore.

R.S., c. S-9, s. 394.

333. (1) No master or owner of any passenger steamship registered in Canada shall anywhere, and no master of any passenger steamship shall in Canada, permit passengers to be on board or on or in any part of a steamship in excess of the number allowed as stated in its inspection certificate.

(2) A master or owner who contravenes this section is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years.

R.S., 1985, c. S-9, s. 333; R.S., 1985, c. 6 (3rd Supp.), s. 46.

334. (1) Where

(a) a passenger steamship that is a Canadian ship has been marked with subdivision load lines, that is to say, load lines indicating the maximum depth to which the steamship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to passengers, and

(b) the appropriate subdivision load line, that is to say, the subdivision load line appropriate to the space for the time being allotted to passengers on the steamship, is lower than the load line indicating the maximum depth to which the steamship may for the time being under this Act and the regulations be loaded,

the steamship shall not be loaded so that the appropriate subdivision load line is submerged.

(2) The owner or master of a passenger steamship that is loaded in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars and to an additional fine not exceeding five hundred dollars for each inch or fraction of an inch by which the appropriate subdivision load line of the steamship was submerged.

(3) Without prejudice to any proceedings under this section, a steamship that is loaded in contravention of this section shall be detained until it ceases to be so loaded.

(4) This section applies to passenger steamships not registered in Canada, while they are within any place in Canada, as it applies to passenger steamships registered in Canada.

R.S., c. S-9, s. 396.