335. (1) Every steamship registered in Canada shall be manned with a crew sufficient and efficient from the point of view of safety of life for the purpose of its intended voyage, and shall, during the voyage, be kept so manned.

(2) If any of the provisions of this section are not complied with in the case of any steamship, the owner, if in fault, is guilty of an offence and liable to a fine not exceeding five hundred dollars, and the master, if in fault, is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.

R.S., c. S-9, s. 397.

336. No Canadian ship being a ship of over one hundred and fifty tons gross tonnage shall proceed to sea on an international voyage unless the ship is provided with a signalling lamp of a type approved by the Board, and if any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 398.

337. (1) In every passenger steamship ample provision shall be made, to the satisfaction of a steamship inspector, by printed notices, and by diagrams where necessary, to acquaint the passengers with the location of life-boats, life-jackets and other life-saving apparatus and with the position of fire buckets, axes and fire-extinguishers, and there shall be exhibited in each stateroom, and throughout the ship to the satisfaction of a steamship inspector, notices showing the method of adjusting life-jackets to the body.

(2) There shall be carried on board every passenger steamship registered in Canada, in some conspicuous place accessible to all the passengers, a printed copy of this Part.

R.S., c. S-9, s. 399.

338. (1) The Governor in Council may make regulations respecting

(a) the construction of hulls, including their subdivision into watertight compartments, and the fitting of double bottoms and fire-resisting bulkheads;

(b) the construction and installation of machinery;

(c) the construction of equipment and the class and quantity of various types of equipment to be carried in any vessel including the marking of boats, life-boats, life-rafts and buoyant apparatus so as to show the dimensions thereof and the number of persons authorized to be carried thereon;

(c.1) the construction, servicing and repair of life-saving equipment intended to carry more than one person, including buoyant apparatus, life-boats and life-rafts, to be carried on vessels, the performance standards for that equipment and the markings required to appear on them so as to show their dimensions and the number of persons authorized to be carried on them;

(c.2) the construction, servicing and repair of flotation devices intended for the use of only one person to be carried on vessels, and the performance standards for those devices;

(d) compasses, sounding apparatus, electronic equipment and other navigating appliances and equipment;

(e) propelling power, steering capability and position controlling arrangements;

(f) stability, and the data in regard thereto to be supplied to the master of a steamship;

(g) the marking of vessels to show the recommended safe limits for engine power and gross load capacity;

(h) the marking of subdivision load lines on passenger steamships;

(i) the provisions to be made for mustering the passengers and crew for abandoning ship, including the lighting of decks, passageways and similar parts of the ship, and the provision of proper means for escape from the various parts of the ship;

(j) passenger accommodation and the number of passengers allowed to be carried;

(k) the production of plans and documentary evidence showing the construction of hulls, machinery and equipment, the subdivision of hulls into watertight compartments, the arrangement of passenger accommodation and like information necessary to decide on the fitness of a steamship for any particular service;

(l) the inspection of the hulls, equipment and machinery of steamships and the extent to which inspection shall be carried out at intervals of twelve months, or at longer intervals, having due regard to the class of voyage on which a steamship is to be engaged, and the trade in which it is employed, and whether the ship is classed with a society or association for the classification and registry of shipping approved by the Minister;

(m) personal flotation devices to be carried and used on board vessels or classes of vessels, including regulations defining the expression “personal flotation device” and regulations specifying who must use those devices, and when they must be worn, while a vessel is in operation;

(n) the subdivision of home-trade voyages and inland voyages into classes, having regard to the degree of risk that may be encountered on any of those voyages;

(o) the manning of steamships, the number of certificated life-boat men to be carried and the qualifications for and the granting of certificates to life-boat men;

(p) the carrying of line-throwing apparatus;

(q) precautions against fire;

(r) the holding of periodic boat and fire drills;

(s) the provision of pilot ladders on ships;

(t) the construction of ships carrying hazardous cargoes, and their equipment and systems;

(u) the inspection and operation of equipment and systems on board ships carrying hazardous cargoes;

(v) the information to be provided regarding the nature and properties of hazardous cargoes to be carried on ships; and

(w) the safe use of pesticides in the fumigation of ships, including regulations prescribing what pesticides or classes of pesticides may or may not be used in the fumigation of ships.

(2) The Governor in Council may make regulations prescribing hazardous cargoes for the purpose of paragraphs (1)(t), (u) and (v).

R.S., 1985, c. S-9, s. 338; R.S., 1985, c. 6 (3rd Supp.), s. 47; 1998, c. 16, s. 8.

339. (1) The regulations that the Governor in Council may make under section 338, in so far as they apply to Safety Convention ships, may include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention.

(1.1) Regulations made under subsection 338(1) may extend, if they so state, to any ship as defined in Part XV, but in no case does a regulation made under subsection (1) apply to 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.

(1.2) For the purposes of subsection (1.1), the words “oil” and “gas” have the same meanings as in the Oil and Gas Production and Conservation Act.

(2) The regulations that the Governor in Council may make under section 338 in respect of the subdivision of passenger steamships into watertight compartments shall be such that, if it appears to the Minister

(a) that any such ship plying on any international voyage, and carrying more than twelve passengers incurs exceptional risks owing to weather and traffic conditions, and

(b) that owing to the small proportion of space allotted to cargo in any of those ships constructed after the coming into force of the Safety Convention, or converted to passenger service after that date, the ship can be subdivided to a greater extent than is required by the Safety Convention,

he may direct that the ship be subdivided to such greater extent as appears to him to be practicable and expedient in the interests of safety.

R.S., 1985, c. S-9, s. 339; R.S., 1985, c. 6 (3rd Supp.), s. 48; 1994, c. 41, s. 37.

339.1 (1) The Governor in Council may make regulations to implement, in whole or in part, the following Codes adopted by the International Maritime Organization, as those Codes may be amended from time to time:

(a) Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (1975),

(b) Code for Existing Ships Carrying Liquefied Gases in Bulk (1975),

(c) Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1971), and

(d) Code for the Construction and Equipment of Mobile Offshore Drilling Units (1979),

but such regulations may impose stricter standards than those set out in the relevant Code.

(2) The Governor in Council may make regulations respecting the production of plans of the construction and equipment of ships to which regulations made under this section apply, for the purpose of ascertaining whether any such ship complies with the relevant regulations.

(3) Regulations made under this section may apply, if they so state, to any ship as defined in Part XV but no regulation made under paragraph (1)(d) shall apply to ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless that regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.

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

R.S., 1985, c. 6 (3rd Supp.), s. 49; 1994, c. 41, s. 37.

339.2 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 339.1 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. 6 (3rd Supp.), s. 49.

340. No person shall navigate

(a) in Canadian waters any ship, and

(b) in any waters a Canadian ship,

unless that ship is fitted with a ship station that complies with the requirements prescribed by the regulations for that class of ship and has on board operators in such number and having such qualifications as are prescribed by the regulations.

R.S., c. S-9, s. 401.

341. (1) No Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, shall proceed on an international voyage unless there is in force in respect of that ship

(a) a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate; and

(b) if the ship has been exempted from any of the provisions of this Act or the regulations relating to radio, an Exemption Certificate that by the terms thereof is applicable to the voyage on which the ship is about to proceed.

(2) Every person who contravenes subsection (1) or section 340 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.

R.S., c. S-9, s. 402.

342. The Governor in Council may make regulations in respect of the following matters:

(a) for the delaying of the application of the Safety Convention where delay is permitted under the Convention, but the delay shall be for periods not exceeding those permitted under the Safety Convention;

(b) prescribing the ship stations to be fitted on Canadian ships and on ships other than Canadian ships while navigating in Canadian waters;

(c) to authorize the imposition of a fine not exceeding fifty dollars and costs or three months imprisonment for the contravention of any regulation made under this section and the recovery of the fine on summary conviction; and

(d) for the imposition of fines not exceeding fifty dollars and costs on persons found guilty of any breach of any regulation made by the Minister under this Part.

R.S., c. S-9, s. 403.

343. For the purpose of safety or navigation, the Minister may make regulations in respect of the following matters:

(a) classifying ship stations and prescribing the type, characteristics, manner of installation and the conditions to be observed in the operation of regular and emergency radio installations, including radar, direction-finding apparatus and associated equipment to be installed in ship stations;

(b) prescribing the watches to be kept at the different classes of ship stations and the number and qualifications of operators to be carried on those stations;

(c) making provision with respect to the certificates to be held by and the duties of operators;

(d) providing for the inspection of ship stations;

(e) providing how radio equipment installed on any foreign or British ship shall be operated while such ship is within Canadian jurisdiction;

(f) compelling all ship stations to receive, accept, exchange and transmit signals and messages with other radio stations and in such manner as he may prescribe;

(g) requiring the master of a ship to enter in the official log-book of the ship such particulars relating to the operation of the radio installation and to the maintenance of the radio service as may be specified in the regulations;

(h) requiring the operator on a ship station to keep a radio log and to enter therein such particulars as may be prescribed in the regulations; and

(i) for the effective carrying out of the provisions of this Act relating to radio.

R.S., 1985, c. S-9, s. 343; R.S., 1985, c. 6 (3rd Supp.), s. 50.

344. The regulations to be made by the Governor in Council pursuant to this Act applicable to ships plying on international voyages shall include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention that relate to radio, except in so far as those provisions are otherwise implemented by this Act.

R.S., c. S-9, s. 405.

345. Radio inspections shall be carried out by radio inspectors authorized by the Minister for that purpose.

R.S., c. S-9, s. 406.

346. (1) The annual inspection required by section 316 of a passenger or nuclear ship in respect of which a Safety Convention Certificate is issued shall include an inspection by a radio inspector.

(2) The report of the radio inspector shall contain statements of the following particulars:

(a) the voyages or class of voyages on which, as regards radio, the steamship is fit to ply;

(b) that, having regard to the number of persons carried or certified to be carried, the tonnage of the ship and the voyages on which it is declared to be fit to ply, the ship complies with the provisions of this Act and the regulations relating to radio; and

(c) that the certificates of the radio operators are such as are required by this Act and the regulations.

R.S., c. S-9, s. 407.

347. The owner of every Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship or a ship exempted by this Act from the requirement of being fitted with radio, shall, before the ship first proceeds on an international voyage and at least once in each year thereafter, cause the ship to be inspected by a radio inspector.

R.S., c. S-9, s. 408.

348. (1) Where a radio inspector has inspected a Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, and he is satisfied that it complies with the provisions of this Act and the regulations relating to radio, he shall issue in respect of the ship a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate.

(2) Where a ship described in subsection (1) is partially or wholly exempted pursuant to this Act from the obligations of being fitted with a radio installation, on the application of the owner of the ship an exemption certificate shall be issued by a radio inspector stating that the ship is exempted from the requirements of the Safety Convention relating to radio and specifying the voyages and conditions, if any, on which the ship is so exempted and any certificate issued under this subsection is in this Part referred to as an “Exemption Certificate”.

(3) Inspection of the radio installations of a ship that does not ply on international voyages shall be in accordance with regulations made under section 343, and a certificate issued in respect of that inspection shall be referred to as a “Radio Inspection Certificate”.

R.S., c. S-9, s. 409.

349. (1) Where a valid Passenger Ship Safety Certificate, Nuclear Passenger Ship Safety Certificate, Nuclear Cargo Ship Safety Certificate, Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship

(a) if the certificate shows that the ship is wholly exempt from the provisions of the Safety Convention relating to radio-telegraphy or radio-telephony, the ship is exempt from the provisions of this Act relating to radio-telegraphy or radio-telephony; and

(b) if the certificate shows that the ship is not wholly exempt from the provisions of the Safety Convention, the following provisions of this section apply to the ship in lieu of the other provisions of this Act relating to radio-telegraphy or radio-telephony.

(2) A radio inspector may inspect the ship for the purpose of seeing that the radio installation and the number of certified operators carried on the ship correspond substantially with the particulars stated in the certificate.

(3) Where it appears to the radio inspector that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the radio installation or the number of operators does not correspond substantially with the particulars stated in the certificate, the inspector shall give to the master notice in writing pointing out the deficiency and also pointing out what, in his opinion, is required to remedy the deficiency.

(4) Every notice given under subsection (3) shall be communicated in the manner directed by the Minister to the chief officer of customs of any port at which the ship may seek to obtain a clearance and to the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and a clearance shall not be granted to the ship, and the ship shall be detained, until a certificate under the hand of a radio inspector of ships is produced to the effect that the deficiency has been remedied.

R.S., c. S-9, s. 410.

350. (1) A Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Radio-telephony Certificate shall not be in force for more than one year from the date of its issue nor after notice is given by the Minister, or a person authorized by him, to the owner, agent or master of the ship in respect of which it has been issued that he has cancelled it, and no Exemption Certificate shall be in force for a longer period than the certificate to which it relates.

(2) Notwithstanding subsection (1), where the inspection of a Canadian Safety Convention ship that is a cargo ship of three hundred tons gross tonnage or more but less than five hundred tons gross tonnage, and in respect of which a certificate described in subsection (1) has been issued, takes place within two months after the end of the period for which the certificate was issued, a new certificate may be issued for a period ending one year after the date the former certificate expires if the ship meets the requirements of this Act and the regulations.

(3) The owner or master of a ship in respect of which a certificate described in subsection (1) has been issued 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.

(4) Where a Canadian ship in respect of which any certificate described in subsection (1) has been issued 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 an extension of the certificate as will allow the ship to return to Canada, but no extension has effect for a period exceeding five months from that date.

(5) A certificate that has not been extended under subsection (4) may be extended by the Minister or any person authorized by him for the purpose for a period not exceeding one month after the date on which it would otherwise expire.

R.S., c. S-9, s. 411.

351. (1) The operation of the radio station on any vessel shall be under the control of the master of the vessel.

(2) The master of a vessel has the right to censor all messages addressed to or transmitted by a radio station on board his vessel, but he shall not divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message coming to his knowledge through the exercise of that censorship, nor shall the master or any operator divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message, other than a message of distress, urgency or safety, coming to his knowledge and not intended for the radio station.

(3) No message shall be delivered, or its contents divulged, to any person except the addressee, his accredited agent or such properly authorized persons as are essential for the forwarding of the message to its destination.

(4) Every person who makes use of any message or the contents thereof that has been delivered or divulged to him in contravention of subsection (3) is guilty of an offence and liable to a fine not exceeding one hundred dollars and to imprisonment for a term not exceeding six months.

R.S., c. S-9, s. 412.

352. The Governor in Council if satisfied

(a) that the government of any country has ratified, acceded to or denounced the Load Line Convention, or

(b) that the Load Line Convention has been applied or has ceased to apply to any country in pursuance of Article 21 thereof,

may by order in council make a declaration to that effect.

R.S., c. S-9, s. 413.

353. (1) For the purposes of this Part, ships of one hundred and fifty tons gross tonnage and more that carry cargo or passengers between any place in Canada and any place not in Canada, or between any places not in Canada, that are not by subsection (2) or (3) exempted from the provisions of this Part relating to load lines, are hereafter referred to as “Load Line ships”, and Load Line ships that belong to countries to which the Load Line Convention applies are hereafter referred to as “Load Line Convention ships”.

(2) The provisions of this Part relating to load lines do not apply to ships engaged solely in fishing or, subject to section 354, to ships making voyages between Canada and the United States on any lakes or rivers.

(3) The Governor in Council may, on such conditions as he thinks fit, exempt from the provisions of this Part relating to load lines,

(a) any ship plying on international voyages between the near neighbouring places of two or more countries, if the Governor in Council and the governments of those countries are satisfied that the sheltered nature and conditions of the voyages make it unreasonable or impracticable to apply the provisions of this Part relating to load lines to that ship; and

(b) any ship plying on any voyage not described in paragraph (a) between near neighbouring places if the Governor in Council is satisfied as to the matters described in that paragraph.

R.S., c. S-9, s. 414.

354. (1) Subject to this section, sections 353 and 355 to 374, in so far as they are applicable, have effect in respect of ships of one hundred and fifty tons gross tonnage and more that carry cargo or passengers on voyages from any place in Canada to any other place in Canada or between Canada and the United States on any lakes or rivers.

(2) Subsections 356(1) and (2) apply to ships described in subsection (1) and constructed before July 1, 1936.

(3) The Governor in Council may on such conditions as he thinks fit exempt from the provisions of this section ships that ply on voyages described in subsection (1) if he is satisfied that the sheltered nature and conditions of the voyages make it unreasonable or impracticable to apply the provisions of this section to those ships.

(4) The Governor in Council may, in respect of ships employed in making voyages on lakes or rivers, by regulation,

(a) make applicable to those ships in lieu of the Load Line Rules such rules as in his opinion may be safe having due regard to all the circumstances; and

(b) make special provision for ships that are not registered in Canada and are not marked with load lines.

(5) For the purposes of this section, the expression, “proceed to sea”, in respect of ships employed solely in making voyages on lakes or rivers, in this Part means proceeding from one place to another place.

(6) A local Load Line Certificate in lieu of a Load Line Convention Certificate provided for in subsection 359(1) shall be issued for the purposes of ships coming within the provisions of this section and under like conditions as Load Line Convention Certificates are issued.

(7) This section does not apply to scows and barges that are not self-propelled and do not carry passengers or crew.

R.S., c. S-9, s. 415.

355. The Governor in Council may make such rules as appear to him to be necessary for the purpose of giving effect to Articles 6 to 10 of the Load Line Convention and Annex I and Annex II thereto.

R.S., c. S-9, s. 416.

356. (1) No Load Line Convention ship registered in Canada, being a ship constructed after June 30, 1932, shall proceed to sea unless

(a) the ship has been surveyed by a steamship inspector in accordance with the Load Line Rules;

(b) the ship complies with the conditions of assignment;

(c) the ship is marked on each side with a deck line and load lines mark;

(d) the deck line and load lines are of the description required by the Load Line Rules, the deck line is in the position required by those Rules and the load lines are of the number required by such of those Rules as are applicable to the ship; and

(e) the load lines are in the position required by such of the Load Line Rules as are applicable to the ship.

(2) No Load Line Convention ship registered in Canada, being a ship constructed before July 1, 1932, shall proceed to sea unless

(a) the ship has been surveyed and marked in accordance with paragraphs (1)(a), (c) and (d);

(b) the ship complies with the conditions of assignment in principle and in detail, in so far as, in the opinion of the Chairman, is reasonable and practicable having regard to the efficiency of the protection of openings, the guard rails, the freeing ports and the means of access to the crew’s quarters provided by the arrangements, fittings and appliances existing on the ship at the time when the ship is first surveyed under this section; and

(c) the load lines are either in the position required by paragraph (1)(e) or in the position required by the tables used by the Board of Trade in the United Kingdom on December 31, 1906 for fixing the position of load lines, subject to such modifications of those tables and of the application thereof, approved by the Board of Trade under section 438 of the Merchant Shipping Acts, as were in force immediately before July 5, 1930.

(3) Where any ship proceeds or attempts to proceed to sea in contravention of this section, the master or owner thereof is guilty of an offence and liable to a fine not exceeding five hundred dollars.

(4) Any ship attempting to proceed to sea without being surveyed and marked in accordance with this section shall be detained until it has been so surveyed and marked, and any ship that does not comply with the conditions of assignment to the extent required in its case by this section shall be deemed to be unsafe for the purpose of section 392.

R.S., 1985, c. S-9, s. 356; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

357. (1) A Load Line Convention ship registered in Canada shall not be so loaded as to submerge the appropriate load lines of the ship beyond the limits of submergence for that ship as determined under the Load Line Rules.

(2) The owner or master of a ship 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 load lines of the ship are submerged beyond the limits of submergence for that ship.

(3) In any proceedings against an owner or master in respect of a contravention of this section, it is a good defence to prove that the contravention was due solely to deviation or delay, being deviation or delay caused solely by stress of weather or other circumstances that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.

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

R.S., c. S-9, s. 418.

358. If

(a) the owner or master of a Load Line ship registered in Canada that has been marked in accordance with section 356 fails without reasonable cause to keep the ship so marked, or

(b) any person conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any mark placed on a ship described in paragraph (a) in accordance with section 356, except with the authority of a person entitled under the Load Line Rules to authorize the alteration of the mark or except for the purpose of escaping capture by an enemy,

he is guilty of an offence and liable to a fine not exceeding five hundred dollars.

R.S., c. S-9, s. 419.

359. (1) Where a Load Line Convention ship registered in Canada has been surveyed and marked in accordance with section 356 and complies with the conditions of assignment to the extent required in its case by that section, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee a Load Line Convention Certificate.

(2) Load Line Convention Certificates, except as otherwise provided in this Act, shall be issued under the seal of the Minister, when the Chairman is satisfied from reports of survey that all the provisions of this Act applicable in any particular case have been complied with, and the certificates shall be registered by the Chairman and shall be marked to show that they have been so registered.

(3) The Minister may request the government of a country to which the Load Line Convention applies to issue a Load Line Convention Certificate in respect of a Load Line Convention ship registered in Canada, and a certificate issued in pursuance of a request and containing a statement that it has been so issued has effect for the purposes of this Part as if it had been issued under the seal of the Minister.

(4) Where a valid Load Line Convention Certificate issued pursuant to subsection (3) is produced in respect of a ship,

(a) the ship shall, for the purpose of this Part, be deemed to have been surveyed in accordance with this Part; and

(b) if the deck line and load lines on the ship are of the number and description required by the Load Line Rules and the position of the deck line and load lines corresponds with the position specified in the Certificate, the ship shall be deemed to be marked in accordance with this Part.

R.S., 1985, c. S-9, s. 359; R.S., 1985, c. 6 (3rd Supp.), s. 52.

360. The Governor in Council may authorize, subject to such conditions as he may deem fit, any corporation or society for the survey or registry of shipping, approved by the Minister, to survey ships in respect of load lines, to assign load lines to ships and to issue Load Line Certificates, and any certificate so issued has effect in place of the certificate provided for under section 359.

R.S., c. S-9, s. 421.

361. (1) Every Load Line Convention Certificate, unless it is renewed in accordance with subsection (2), expires at the end of such period, not exceeding five years from the date of its issue, as may be specified therein.

(2) Any Load Line Convention Certificate may, after a survey not less effective than the survey required by the Load Line Rules before the issue of the Certificate, be renewed by the authority by which it was granted, for such period, not exceeding five years on any occasion, as the authority renewing the certificate thinks fit.

(3) The Minister shall cancel any Load Line Convention Certificate in force in respect of a ship, if he believes on reasonable grounds that

(a) material alterations have taken place in the hull or superstructures of the ship that affect the position of the load lines; or

(b) the fittings and appliances for the protection of openings, the guard rails, the freeing ports or the means of access to the crew’s quarters have not been maintained on the ship in as effective a condition as they were in when the Certificate was issued.

(4) The owner of every ship in respect of which a Load Line Convention Certificate has been issued shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner at least once in each year after the issue of the Certificate for the purpose of seeing whether the Certificate should remain in force, having regard to subsection (3), and if the ship is not so surveyed, the Minister shall cancel the Certificate, but if the Minister thinks fit in any particular case, he may, in respect of the survey of the ship, extend the period of one year.

(5) Where any Load Line Convention Certificate has expired or been cancelled, the Minister may require the owner or master of the ship to which the certificate relates to deliver up the certificate as he directs and the ship may be detained until such requirement has been complied with, and if the owner or master fails without reasonable cause to comply with such requirement, he is guilty of an offence and liable to a fine not exceeding fifty dollars.

R.S., c. S-9, s. 422.

362. (1) No Canadian ship, being a Load Line Convention ship, shall proceed to sea on an international voyage unless there is in force in respect of the ship a Load Line Convention Certificate.

(2) The master of every Load Line Convention ship registered in Canada shall produce to the officer of customs, from whom a clearance for the ship is demanded, the certificate that is required by subsection (1) to be in force when the ship proceeds to sea, and a clearance shall not be granted, and the ship shall be detained, until that certificate is produced.

(3) The master of every ship that proceeds or attempts to proceed to sea in contravention of this section is guilty of an offence and liable to a fine not exceeding five hundred dollars.

R.S., c. S-9, s. 423.

363. (1) When a Load Line Convention Certificate has been issued under this Part in respect of a Load Line Convention ship registered in Canada,

(a) the owner of the ship shall forthwith on the receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship and to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use; and

(b) the master of the ship, before making any other entry in any official log-book of the ship, shall enter therein the particulars respecting the position of the deck line and load lines specified in the Certificate.

(2) Before any Load Line Convention ship registered in Canada leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea on any international voyage, the master thereof shall

(a) enter in the official log-book of the ship such particulars relating to the depth to which the ship is for the time being loaded as the Governor in Council may by regulations prescribe; and

(b) cause a notice, in such form and containing such of the particulars referred to in paragraph (a) as may be required by the regulations, to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place.

(3) Where the master or owner of any Load Line Convention ship registered in Canada fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., 1985, c. S-9, s. 363; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

364. (1) Before an agreement with the crew of any Load Line Convention ship registered in Canada, in respect of which a Load Line Convention Certificate is in force, is signed by any member of the crew, the master of the ship shall insert in the agreement the particulars respecting the position of the deck line and load lines specified in the Certificate, and if he fails to do so, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.

(2) In the case of a Load Line Convention ship registered in Canada, being a foreign-going ship, a shipping master shall not proceed with the engagement of the crew until

(a) there is produced to him a Load Line Convention Certificate for the time being in force in respect of the ship; and

(b) he is satisfied that the particulars required by this section have been inserted in the agreement with the crew.

R.S., 1985, c. S-9, s. 364; R.S., 1985, c. 6 (3rd Supp.), s. 87(F).

365. (1) The Minister may, at the request of the government of a country to which the Load Line Convention applies, cause to be issued a Load Line Convention Certificate in respect of a Load Line Convention ship of that country if he is satisfied in like manner as in the case of a Canadian ship that the Certificate can 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) With a view to determining the validity in Canada of certificates purporting to have been issued in accordance with the Load Line Convention in respect of Load Line Convention ships not registered in Canada, the Governor in Council may make such regulations as appear to him to be necessary for the purpose of giving effect to Article 17 of the Load Line Convention, and, for the purpose of the provisions of this Part relating to Load Line Convention ships not registered in Canada, the expression “a valid Load Line Convention Certificate” means a certificate that complies with the regulations that are applicable in the circumstances.

R.S., c. S-9, s. 426.

366. (1) A steamship inspector may go on board any Load Line Convention ship not registered in Canada that is at a place in Canada for the purpose of demanding the production of any Load Line Certificate for the time being in force in respect of the ship.

(2) Where a valid Load Line Convention Certificate is produced to the inspector on demand, the inspector’s powers of inspecting the ship with respect to load line are limited to seeing

(a) that the ship is not loaded beyond the limits allowed by the Certificate;

(b) that the position of the load lines on the ship corresponds with the position specified in the Certificate;

(c) that no material alterations have taken place in the hull or superstructures of the ship that affect the position of the load lines; and

(d) that the fittings and appliances for the protection of openings, the guard-rails, the freeing ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were in when the Certificate was issued.

(3) Where it is found on an inspection that the ship is loaded beyond the limits allowed by the Certificate, the ship may be detained and proceedings may be taken against the master or owner thereof under the provisions of this Part relating to the submersion of load lines on ships not registered in Canada.

(4) Where it is found on an inspection that the load lines of the ship are not in the position specified in the Certificate, the ship may be detained until the matter has been rectified to the satisfaction of the inspector.

(5) Where it is found on an inspection that the ship has been so materially altered in respect of the matters referred to in paragraphs (2)(c) and (d) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 392, but where the ship has been detained under that section, the Minister shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.

(6) Where a valid Load Line Convention Certificate is not produced to the inspector on demand, the inspector has the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part have been complied with, as if the ship were a Canadian ship.

R.S., c. S-9, s. 427.

367. The master of every Load Line Convention ship not registered in Canada shall produce a valid Load Line Convention Certificate to the officer of customs from whom a clearance for the ship from any port in Canada is demanded, and a clearance shall not be granted, and the ship may be detained, until the Certificate is produced.

R.S., c. S-9, s. 428.