400. (1) The Governor in Council may appoint at such places in Canada as he deems advisable one or more persons to inspect ships’ tackle and to supervise to such extent as may be necessary for the protection of those employed therein the work of loading and unloading of ships.

(2) Persons appointed under subsection (1) shall be known as Inspectors of Ships’ Tackle, and they shall perform their duties under the direction of the Chairman and in accordance with such regulations as may be made by the Governor in Council.

R.S., c. S-9, s. 461.

401. (1) No person shall in Canada consign to be loaded on any ship, and no master, owner or agent of any ship shall in Canada cause or permit to be loaded on any ship, any package or object of a gross weight of two thousand two hundred and forty pounds or over without causing its weight to be plainly and durably marked on the outside of the package or object, but in the case of a package or object of such a character that its exact weight would be difficult to ascertain, an approximate weight may be so marked accompanied by the word “approximate” or any reasonable abbreviation thereof.

(2) Every person who fails to comply with this section is guilty of an offence and liable to a fine not exceeding one hundred dollars.

R.S., c. S-9, s. 462.

402. (1) An Inspector of Ships’ Tackle may in the exercise of his duties

(a) go at all reasonable times on board any ship or on any wharf or dock at which any ship is, for the purpose of loading or unloading, alongside; and

(b) demand from the owner or master of the ship or from the person in charge of the loading or unloading thereof reasonable assistance and pertinent information.

(2) Any person who impedes, obstructs or prevents any Inspector of Ships’ Tackle in the exercise of his duties, or refuses him reasonable assistance or full and truthful answer to any pertinent question put with relation to any machinery or tackle or to any accident, is guilty of an offence and liable to a fine of not more than one hundred dollars and not less than fifty dollars.

R.S., c. S-9, s. 463.

403. (1) Where any Inspector of Ships’ Tackle

(a) is of opinion that any person employed in the loading or unloading of any ship is exposed to undue risk on account of the condition of any machinery, tackle, stagings or the like or on account of the way in which the operation is being carried on, or

(b) finds that any regulations that the Governor in Council has made in respect of the loading or unloading of ships are not being complied with,

he shall order, orally or otherwise, the owner, master and other person in charge of the loading or unloading of the ship or to any of them, to cease the operation of loading or unloading the ship.

(2) If any person who is ordered to cease the operation of loading or unloading continues the operation or allows it to be continued, he is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than one hundred dollars.

R.S., c. S-9, s. 464.

404. (1) The master of every ship carrying passengers shall, on stopping at any wharf, dock or landing place for the purpose of putting passengers ashore or taking them on board, provide a suitable gangway, properly secured to the ship, for the safe and convenient transit of passengers, and shall cause to be fixed to that gangway at night good and sufficient lights.

(2) The owner or occupier of every dock, wharf or landing place at which passengers are put on shore or taken on board shall, at night, cause to be shown conspicuously on that dock, wharf or landing place, at every angle or turn thereof, during the whole of the time that any ship is approaching, or alongside, good and sufficient lights.

(3) Every person who fails to comply with this section is guilty of an offence and liable to a fine of not more than fifty dollars and not less than twenty dollars.

R.S., c. S-9, s. 465.

405. (1) Subject to subsection (2), pleasure craft are exempt from annual inspection and from the regulations made under section 338 other than those regulations respecting

(a) the construction of equipment and the class and quantity of various types of equipment to be carried;

(b) precautions against fire;

(c) the construction of hulls;

(d) marking to show recommended safe limits for engine power and gross load capacity;

(e) the construction and installation of machinery; and

(f) propelling power, steering capability and position controlling arrangements.

(2) Every pleasure craft in excess of five tons gross tonnage that is fitted with a boiler for purposes of propulsion is subject to the requirements of this Part relating to the annual inspection of boilers.

(3) The Governor in Council may make regulations respecting the identification of hulls of pleasure craft.

R.S., 1985, c. S-9, s. 405; R.S., 1985, c. 6 (3rd Supp.), s. 58; 1998, c. 16, s. 23.

406. Steamships not in excess of 15 tons gross tonnage that do not carry more than 12 passengers and that are not pleasure craft are exempt from annual inspection and from the regulations made under section 338, other than those respecting

(a) the construction of equipment and the class and quantity of various types of equipment to be carried;

(b) precautions against fire;

(c) the construction of hulls;

(d) marking to show recommended safe limits for engine power and gross load capacity;

(e) the construction and installation of machinery; and

(f) propelling power, steering capability and position controlling arrangements.

R.S., 1985, c. S-9, s. 406; R.S., 1985, c. 6 (3rd Supp.), s. 59; 1998, c. 16, s. 11.

407. (1) Steamships in excess of fifteen tons gross tonnage but not in excess of one hundred and fifty tons gross tonnage that are not passenger steamships are exempt from the provisions of this Part relating to annual inspection and instead shall be inspected every fourth year.

(2) Steamships described in subsection (1), if fitted with a boiler operating at a pressure in excess of 103 kPa, are, in addition to such inspection every fourth year, subject to annual inspection of their boilers, life-saving equipment and systems for precautions against fire, in like manner and as if they were steamships in excess of one hundred and fifty tons gross tonnage.

(3) Steamships not in excess of fifteen tons gross tonnage that are not passenger steamships are exempt from the provisions of this Part relating to annual inspection, except that such steamships, if fitted with a boiler operating at a pressure in excess of 103 kPa, are subject to inspection of their boilers, life-saving equipment and systems for precautions against fire as provided in subsection (2).

(4) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 60]

R.S., 1985, c. S-9, s. 407; R.S., 1985, c. 6 (3rd Supp.), s. 60.

408. (1) The Governor in Council may fix a fee to be paid yearly or quadrennially in respect of inspections made quadrennially by the owner of every Canadian ship that is required to have a certificate of inspection or a Load Line Certificate under this Part.

(2) The amount of the fee shall, in each case, be paid at such times and in such manner and to such officers as the Governor in Council may direct, and shall be paid into the Consolidated Revenue Fund.

(3) A certificate shall not be issued under this Part to any Canadian ship until the fees applicable in the case for the current year have been paid.

(4) The Governor in Council may make regulations for the establishment of a scale of fees and the collection thereof, for examining plans of ships, their machinery and equipment, for the inspection of steamships, their machinery and equipment during construction, for assigning and marking Load Lines, for the testing of material, and for such other examinations and inspection under this Part as he may deem fit.

R.S., c. S-9, s. 469.

409. The chief officer of customs at any place shall demand of the owner or master of every ship entered, cleared or otherwise officially dealt with by him, the production of every certificate required under this Part to be held in respect of the ship, and where any certificate is not produced, the officer shall detain the ship until the certificate is produced and until any fine imposed on the ship, its master or owner under this Part or the regulations is paid.

R.S., 1985, c. S-9, s. 409; R.S., 1985, c. 1 (2nd Supp.), s. 213.

410. Whenever a steamship inspector gives notice in writing to an officer of customs at a port that any of the provisions of this Part, or any order in council made thereunder, have not been fully complied with in respect of any ship, or that any ship in respect of its hull, machinery or equipment has, in the opinion of the inspector, become unseaworthy, the chief officer of customs at that port shall detain that ship until he receives notice in writing from the inspector concerned that he may release the ship.

R.S., 1985, c. S-9, s. 410; R.S., 1985, c. 1 (2nd Supp.), s. 213.

411. (1) A chief officer of customs at any place, or other person directed thereto by the Minister, may take action, by detention of a ship or by other reasonable and appropriate means at his disposal, to prevent any contravention of any of the provisions of this Part.

(2) For the purposes of this section, a chief officer of customs or other person, in the discharge of his duty, may go on board any ship, make any examination that he deems fit and ask any pertinent question of, and demand all reasonable assistance from, the owner or master or any person in charge thereof, or appearing to be in charge.

R.S., 1985, c. S-9, s. 411; R.S., 1985, c. 1 (2nd Supp.), s. 213.

412. Any person who impedes, prevents, obstructs or resists any steamship inspector, chief officer of customs or other person acting with the written authority of the Minister in the performance of any duty under any of the provisions of this Part, or of any order in council made thereunder, who refuses to answer any pertinent question put to him or who falsely answers any such question, or who refuses to give assistance to the steamship inspector, chief officer of customs or other person in the discharge of his duty, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment.

R.S., 1985, c. S-9, s. 412; R.S., 1985, c. 1 (2nd Supp.), s. 213.

413. Any person who knowingly removes, or causes to be removed, or is a party to removing any ship that has been running in contravention of any of the provisions of this Part or of any order in council made thereunder, and has been detained by any chief officer of customs, or by a steamship inspector or other person thereunto directed in writing by the Minister, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months.

R.S., 1985, c. S-9, s. 413; R.S., 1985, c. 1 (2nd Supp.), s. 213.

414. (1) Notwithstanding any rules or regulations made pursuant to this Act for the purpose of giving effect to, or implementing, any provision of the Safety Convention or Load Line Convention that requires a particular fitting, appliance or apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision to be made in a ship, the Chairman may allow any other fitting, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made if he is satisfied that that other fitting, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the Convention.

(2) Where under this Act the Governor in Council is empowered to make such regulations or rules as appear to him to be necessary for the purpose of giving effect to any of the provisions of the Safety Convention or Load Line Convention, the requirement shall, in the case of a provision the terms of which are such as to vest in the several governments that are parties to the Convention a discretion with respect to whether any or what action should be taken thereunder, be construed as an authority to the Governor in Council to make by regulations or rules such provision, if any, with respect to the matter in question as he in the exercise of that discretion thinks proper.

R.S., c. S-9, s. 475.

415. (1) In every case in which a conviction has been secured against the owner of a ship for contravention of any of the provisions of this Part, and a fine imposed, the ship, is, if the fine is not paid forthwith, liable to be seized, and, after such reasonable notice as the Minister may, in each case, prescribe, may be sold by the chief officer of customs at any place, or any other person authorized for that purpose in writing by the Minister, and the officer of customs or other person may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that, at the time of the sale, may be in existence.

(2) Any surplus remaining from the proceeds of sale after paying the amount of the fine and the costs of conviction, together with the costs of the seizure and sale, shall be paid over to the owner of the ship, or the mortgagee, as the case may be.

R.S., 1985, c. S-9, s. 415; R.S., 1985, c. 1 (2nd Supp.), s. 213.

416. All fines recovered under this Part shall be paid to the Receiver General, and shall be placed by him to the credit of the Consolidated Revenue Fund, but the Governor in Council may, if he sees fit, authorize the payment of a portion of those fines to the informer, if he is not a steamship inspector.

R.S., c. S-9, s. 477.

417. Notwithstanding section 416, where a provincial, municipal or local authority bears in whole or in part the expense of prosecuting a contravention of this Part in respect of which a fine is imposed, the court, justice of the peace or provincial court judge imposing the fine may direct that the proceeds of the fine be paid to that authority.

R.S., 1985, c. S-9, s. 417; R.S., 1985, c. 27 (1st Supp.), s. 203.

418. Any information or complaint in respect of any offence under this Part may be laid or made at any time within but not later than twelve months after the time when the matter of the information or complaint arose.

R.S., c. S-9, s. 479.

419. (1) Except where otherwise specially provided in this Part, the owner or master of any ship is guilty of an offence punishable on summary conviction for any contravention of this Part or any regulation made under this Part.

(2) For greater certainty, the meaning of “ship” in subsection (1) is, for the purposes of a contravention of a regulation made under section 338, co-extensive with the scope of application of that regulation.

R.S., 1985, c. S-9, s. 419; R.S., 1985, c. 6 (3rd Supp.), s. 61.

420. (1) The Governor in Council may direct that this Part or any of the provisions thereof shall apply to any ship or class of ship registered elsewhere than in Canada while within Canadian waters.

(2) This Part applies to all unregistered ships, other than ships belonging to Her Majesty and government ships, while they are within Canada.

(3) Fish and the products of whaling trips and sealing trips shall not, for the purposes of this Part, be considered cargo of steamships employed in fishing, whaling or sealing.

R.S., c. S-9, s. 481.

421. (1) Notwithstanding anything in this Part, the Minister, on the recommendation of the Chairman, may relieve any Canadian ship or the owner of any such ship from compliance with any of the provisions of this Part or regulations made under this Part relating to steamship inspection, except provisions relating to radio installations in ships, in any specific case of emergency where the Minister may deem it necessary or advisable in the public interest, to such extent, in such manner and on such terms as he may consider proper in the circumstances, but the Minister shall not relieve any ship or owner from compliance with any such provision to such extent or in such manner as would permit any ship to proceed to sea or make any voyage or trip in an unseaworthy condition, that is to say, unfit by reason of the defective condition of its hull, equipment or machinery, or by reason of undermanning, overloading or improper loading, to proceed to sea or make any such trip or voyage without serious danger to life.

(2) Subsection (1) has force and effect only during such period or periods as the Governor in Council may determine.

(3) This section does not apply to Safety Convention ships, Load Line Convention ships or ships to which the Load Line Regulations apply.

(4) 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., c. S-9, s. 482.

421.1 (1) The Governor in Council may make regulations

(a) defining the expression “small vessel” for the purposes of this section;

(b) respecting the construction or manufacture of small vessels;

(c) authorizing the inspection of small vessels to ensure compliance with regulations made under paragraph (b);

(d) authorizing the issuance of certificates or plates in respect of small vessels that comply with regulations made under paragraph (b) and prescribing the fees to be charged in respect of issuing them;

(e) respecting the suspension or cancellation of certificates or plates referred to in paragraph (d);

(f) prohibiting the tampering with or the unauthorized use or transfer of certificates or plates issued in respect of small vessels;

(g) authorizing the seizure and detention of small vessels that do not meet the requirements of regulations made under paragraph (b);

(h) prohibiting the construction, manufacture, sale, lease, importation or operation of small vessels that do not meet the requirements of regulations made under paragraph (b);

(i) requiring owners, builders, manufacturers, importers or vendors of small vessels to modify their small vessels, at their own expense, in order to comply with regulations made under paragraph (b);

(j) prohibiting the alteration or removal of the hull identification or serial numbers that identify small vessels; and

(k) prescribing the maximum fine that may be imposed in respect of the contravention of any provision of a regulation made under this subsection.

(2) Every person who contravenes a provision of a regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than the maximum fine prescribed under paragraph (1)(k) in respect of that contravention or to imprisonment for a term of not more than six months, or to both.

1998, c. 16, s. 12.