526. This Part does not apply to the harbour of Quebec or Montreal.

R.S., 1985, c. S-9, s. 526; R.S., 1985, c. 6 (3rd Supp.), s. 64(F).

527. The Minister may designate one or more port wardens for any port or any district.

R.S., 1985, c. S-9, s. 527; R.S., 1985, c. 6 (3rd Supp.), s. 65.

528. The Minister may enter into an agreement with any corporation or organization under which

(a) the corporation or organization agrees to provide such port warden services as are specified in the agreement; and

(b) the Minister agrees to designate as port wardens the nominees of that corporation or organization on condition that the nominee is, in the Minister’s opinion, qualified to be so designated.

R.S., 1985, c. S-9, s. 528; R.S., 1985, c. 6 (3rd Supp.), s. 65.

529. (1) The fees to be charged by port wardens in respect of their functions under this Part shall be fixed by the Governor in Council.

(2) In respect of his functions as port warden, a port warden shall receive no fees other than those fixed under subsection (1).

(3) Where a port warden is a member of the federal public administration, all fees received by him under this Part shall be paid to the Receiver General and credited to the Consolidated Revenue Fund.

R.S., 1985, c. S-9, s. 529; R.S., 1985, c. 6 (3rd Supp.), s. 65; 2003, c. 22, s. 224(E).

530. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 65]

531. (1) The Governor in Council may make regulations prescribing the manner in which grain cargoes and deck cargoes may be carried on any Canadian ship, or on any ship not registered in Canada that is within any port in Canada.

(2) When any ship arrives at any port in Canada with a grain cargo or deck cargo, any port warden or customs officer may proceed on board and, when practicable, examine into the manner in which the cargo was stowed, and every person in charge of the ship at the time of the examination shall render the port warden or officer the assistance he asks to enable him to make the examination.

(3) Any regulations made under subsection (1) may provide for fines, their recovery, enforcement and disposition, including enforcement by imprisonment for non-payment thereof, but no fine shall exceed for any one offence one thousand dollars nor shall any imprisonment for non-payment of any one fine exceed a term of three months.

R.S., 1985, c. S-9, s. 531; R.S., 1985, c. 6 (3rd Supp.), s. 66(E).

532. A port warden shall, at his own expense, where he is not a member of the federal public administration, keep an office during the season of navigation, and shall have a seal of office and the necessary books in which all his acts as port warden shall be recorded together with the fee charged by him, which books shall be open for public inspection.

R.S., 1985, c. S-9, s. 532; R.S., 1985, c. 6 (3rd Supp.), s. 67; 2003, c. 22, s. 224(E).

533. A port warden shall, at the request of any person interested, proceed in person on board any ship for the purpose of examining the condition and stowage of its cargo, and, if there are any goods damaged on board the ship, he shall inquire into, examine and ascertain the cause of the damage, make a memorandum thereof and enter the memorandum in full on the books of his office.

R.S., c. S-9, s. 609.

534. and 535. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 68]

536. A port warden shall, when required, proceed to any ship, warehouse, dwelling or wharf and examine any merchandise, vessel, material, produce or other property said to have been damaged on board the ship, and inquire into, examine and ascertain the cause of the damage, make a memorandum thereof and of the property, and record, in his books, a full and correct statement thereof.

R.S., c. S-9, s. 612.

537. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 69]

538. (1) The master or agent of any ship intending to load grain consigned to any place outside Canada and not being a place within the limits of an inland voyage shall, before loading the grain, notify a port warden, who shall proceed on board and ascertain whether the ship is in a fit condition to carry the proposed cargo, the result of the survey to be recorded in his books, together with a statement covering the requirements that may be necessary to comply with the Regulations governing the Loading and Carriage of Grain Cargoes.

(2) Before beginning to load any chamber or compartment in any ship, the port warden shall see that all the requirements of the regulations for the loading and carriage of grain cargoes are complied with, and issue a certificate accordingly.

R.S., c. S-9, s. 614.

539. The master or agent of any ship intending to load a timber deck cargo consigned to any place outside Canada and not being a place within the limits of an inland voyage shall, before commencing to load, notify a port warden, who shall supervise the loading and on completion issue a certificate that the regulations in this respect have been complied with, and record all particulars in his book relative to stowage, quantities of cargo on deck and below, method of securing, height of deck loads at wings and crown on forward and after decks, with amount of water ballast carried and draft of water with corresponding freeboard.

R.S., 1985, c. S-9, s. 539; R.S., 1985, c. 6 (3rd Supp.), s. 70.

540. The master or agent of any ship intending to load concentrates consigned to any place outside Canada and not being a place within the limits of an inland voyage shall make application to a port warden, who shall survey and approve stowage according to approved practice, when the quantity of concentrates proposed to be carried exceeds eighteen per cent of the total cargo-carrying capacity of the ship, and the port warden shall enter in his books a statement showing the manner of stowage and securing, and issue a certificate accordingly.

R.S., c. S-9, s. 614.

541. This Part does not apply to ships carrying grain when in bags unless the quantity loaded is in excess of one-third of the dead weight carrying capacity of those ships.

R.S., c. S-9, s. 614.

542. (1) A port warden shall, when required, decide what dunnage is necessary, and what separations are to be made between cargoes.

(2) A port warden’s certificate that dunnage has been used or separations made is evidence of the good stowage of the cargo in so far as those facts are concerned.

R.S., c. S-9, s. 615.

543. (1) The master of any ship that is either wholly or partly laden with grain, except as provided in section 541, with a timber deck cargo or with concentrates, when the amount of concentrates carried exceeds eighteen per cent of the total dead weight carrying capacity of the ship, consigned to any place outside Canada and not being a place within the limits of an inland voyage, shall, before proceeding on a voyage or clearing at the custom-house, notify a port warden, who shall then proceed on board the ship and examine whether it is in a fit state to proceed to sea.

(2) Where the ship is found fit, the port warden shall give a certificate accordingly and where it is found unfit, the port warden shall withhold the certificate and notify the master or agent of the ship, detailing his requirements in accordance with regulations and approved practice.

R.S., c. S-9, s. 616.

544. Where the master refuses or neglects to fulfil the requirements referred to in subsection 543(2), the port warden shall notify the chief officer of customs at the port in order that no clearance may be granted for the ship until the requirements are fulfilled and a certificate to that effect is granted by the port warden.

R.S., 1985, c. S-9, s. 544; R.S., 1985, c. 1 (2nd Supp.), s. 213.

545. (1) No officer of customs shall grant a clearance to any ship that is wholly or partly laden with grain, except as provided in section 541, with a timber deck cargo or with concentrates, within the meaning of section 540, consigned to any place outside Canada and not being a place within the limits of an inland voyage, unless the master of the ship produces to him a certificate signed by the port warden that the Regulations for the Loading and Carriage of Grain Cargoes, or Timber Deck Loads, as the case may be, have been complied with, or that concentrates have been loaded and secured according to approved practice.

(2) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 71]

R.S., 1985, c. S-9, s. 545; R.S., 1985, c. 6 (3rd Supp.), s. 71.

546. Where any ship that is wholly or partly laden with grain, with a timber deck cargo or with concentrates, within the meaning of section 540, attempts to leave for any place not being a place within the limits of an inland voyage without a clearance, any officer of customs, or any person acting under the direction of the Minister, may detain the ship until such certificate is produced to him.

R.S., c. S-9, s. 619.

547. and 548. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 72]

549. A port warden, when required in writing by all interested parties, shall hear and arbitrate on any difficulty or matter in dispute between the master or charterer of any vessel and any proprietor, shipper or consignee of the cargo, and shall keep a record of the proceedings.

R.S., c. S-9, s. 622.

550. (1) Before proceeding to act in any case in the performance of his duties, a port warden shall give reasonable notice, when practicable, to all parties interested or concerned in the case.

(2) All notices, requests or requirements, to or from the port warden, shall be given in writing a reasonable time before action is required or taken.

R.S., c. S-9, s. 623.

551. Section 307 applies, with such modifications as the circumstances require, to matters in dispute arising under this Part between the owner of a ship, or any other interested party, and a port warden.

R.S., 1985, c. S-9, s. 551; R.S., 1985, c. 6 (3rd Supp.), s. 73.

552. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 73]

553. A port warden or, where there is an agreement under section 528, the corporation or organization in question shall submit to the Minister by March 31 in each year a report relating to the previous calendar year, in such form as the Minister directs, of services provided and of receipts and expenses related thereto.

R.S., 1985, c. S-9, s. 553; R.S., 1985, c. 6 (3rd Supp.), s. 74.

554. The Governor in Council may make rules and regulations prescribing the manner in which a port warden shall perform his duties, and giving him such additional duties as the Governor in Council may see fit, and the Chamber of Shipping or the council of the Board of Trade or Chamber of Commerce may make suggestions to the Governor in Council with respect to any of those other duties, or any modification of the duties in this Part assigned to the port warden for the port or district, and those other duties may be assigned or such modification made by the Governor in Council accordingly.

R.S., 1985, c. S-9, s. 554; R.S., 1985, c. 6 (3rd Supp.), s. 74.

555. At the request of any person interested, a port warden shall furnish certificates in writing, under his hand, of any matters of record in his office, and he shall also furnish, when required, copies of any entries in his books or documents filed in his office, on payment of a reasonable fee.

R.S., c. S-9, s. 628.

556. All certificates issued under the hand of a port warden and sealed with the seal of his office, referring to matters recorded in his books, are evidence of the existence and contents of the record in any court of justice.

R.S., c. S-9, s. 629.

557. to 560. [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 75]

561. (1) Every master of a ship who fails to notify the port warden as required by this Part, and every port warden who, on notification, fails to comply with all the provisions of this Part, is guilty of an offence and liable to a fine not exceeding eight hundred dollars.

(2) For any breach of the regulations for the loading and carriage of cargo or for the neglect of taking all reasonable precautions incidental to the proper stowage of cargo, the master, owner or agent of the ship responsible for the breach or neglect is guilty of an offence and liable to a fine not exceeding one thousand dollars.

(3) If any master or person in charge of any ship prior to the final departure of the ship from a place in Canada, or after the arrival of the ship at its port of discharge in Canada, having on board a cargo that by its nature would constitute a danger if improperly stowed, prevents or attempts to prevent any port warden or officer of customs from proceeding on board or from examining into the manner in which the cargo is stowed, or fails or refuses to render to that officer all reasonable assistance, he is guilty of an offence and liable to a fine not exceeding two hundred dollars.

R.S., 1985, c. S-9, s. 561; R.S., 1985, c. 1 (2nd Supp.), s. 213.

562. (1) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 77]

(2) The Governor in Council may make rules or regulations relating to the safety of life or limb on navigable waters during regattas and marine parades.

(3) The Governor in Council may by order or regulation provide

(a) for the government and regulation of any part or parts of the inland, minor or other waters of Canada;

(b) for the licensing of operators of vessels on those waters; and

(c) for the enforcement of any order or regulation.

(4) Without limiting the generality of subsection (3), any order or regulation made by the Governor in Council under that subsection may provide for the prohibiting or limiting of navigation on any part of the waters of Canada, in the interests of public safety or of promoting or ensuring the effective regulation of those waters in the public interest or for the protection or convenience of the public, of vessels not exceeding fifteen tons gross tonnage.

(5) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 77]

R.S., 1985, c. S-9, s. 562; R.S., 1985, c. 6 (3rd Supp.), s. 77.

562.1 (1) The Governor in Council may, for the purpose of promoting safe and efficient navigation or operation of ships or environmental protection, make regulations

(a) requiring ships to have on board, maintain and use appropriate charts and nautical publications;

(b) respecting the number and qualifications of navigation and engine room personnel required to be on duty on ships;

(c) respecting procedures and practices to be followed by persons on board ships;

(d) respecting compulsory routes and recommended routes, including, without restricting the generality of the foregoing, areas to be avoided, precautionary areas and inshore traffic zones, procedures to be followed by ships in such routes, areas and zones, and other shipping traffic measures; and

(e) for limiting or prohibiting the navigation, operation, anchoring, mooring or berthing of ships by reason of

(i) the cargo or the size, draft, power or manoeuvring characteristics of the ship,

(ii) environmental or hydrographic conditions, or

(iii) the proximity of artificial islands, installations, structures, works or a marine casualty

for the purpose of protecting persons, ships, artificial islands, installations, structures, works or shore areas.

(2) Subject to subsections (3) and (4), regulations made under subsection (1) apply

(a) to Canadian ships in all waters; and

(b) to all ships in Canadian waters and the exclusive economic zone of Canada.

(3) The Governor in Council, in any regulation made under subsection (1),

(a) may designate

(i) in the case of Canadian ships, to which waters the regulation applies, or

(ii) in the case of other ships, to which waters, within the waters described in paragraph (2)(b), the regulation applies; and

(b) may designate to which ships or class of ships the regulation applies.

(4) A regulation made under subsection (1) does not apply to a Canadian ship in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the ship when in the waters of that country.

R.S., 1985, c. 6 (3rd Supp.), s. 78; 1996, c. 31, s. 97.

562.11 (1) The Governor in Council may make regulations for the prevention of collisions at sea and in all other waters, including regulations to implement the Convention on the International Regulations for Preventing Collisions at Sea, 1972, signed at London on October 20, 1972, as amended in London on November 19, 1981, or to implement any amendments, whenever made, to the Regulations to that Convention.

(2) Subject to subsections (3) and (4), regulations made under subsection (1) apply

(a) to Canadian vessels in all waters; and

(b) to all vessels in Canadian waters and the exclusive economic zone of Canada.

(3) The Governor in Council, in any regulation made under subsection (1),

(a) may designate

(i) in the case of Canadian vessels, to which waters the regulation applies, or

(ii) in the case of other vessels, to which waters, within the waters described in paragraph (2)(b), the regulation applies; and

(b) may designate to which vessels or class of vessels the regulation applies.

(4) A regulation made under subsection (1) does not apply to a Canadian vessel in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the vessel when in the waters of that country.

R.S., 1985, c. 6 (3rd Supp.), s. 78; 1996, c. 31, s. 98.

562.12 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsections 562.1(1) and 562.11(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. 78.

562.13 (1) Every Canadian ship shall comply with any routing system approved by the International Maritime Organization, or its successor organization, that appears in Notices to Mariners published by the Canadian Coast Guard.

(2) Canadian ships in all waters and every ship in

(a) Canadian waters, and

(b) the exclusive economic zone of Canada

(c) [Repealed, 1996, c. 31, s. 99]

shall comply with any instruction or direction relating to routing systems, navigation limitations and prohibitions or other shipping measures that is given or issued under the authority of this Act or the regulations and contained in Notices to Mariners published by the Canadian Coast Guard or in Notices to Shipping broadcast or published by the Canadian Coast Guard.

(3) If in any action or proceeding a question arises as to whether a particular instruction or direction mentioned in subsection (2) was broadcast to a ship by the Canadian Coast Guard, a certificate purporting to be issued by or under the authority of the Secretary of the Department of Transport appointed under the Department of Transport Act containing all of the following facts, namely,

(a) the date and time of the broadcast,

(b) the place from which the broadcast was made, and

(c) the radio frequency used to make the broadcast,

shall be admitted in evidence and, in the absence of evidence to the contrary, is proof that the instruction or direction was broadcast by the Canadian Coast Guard.

R.S., 1985, c. 6 (3rd Supp.), s. 78; 1996, c. 31, s. 99.

562.14 Any person, ship or vessel that contravenes

(a) a rule, regulation or order made under section 562,

(b) a regulation made under section 562.1 or 562.11, or

(c) section 562.13

is guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars where the contravention is in respect of a ship or vessel twenty metres or less in length, or to a fine not exceeding one hundred thousand dollars where the contravention is in respect of a ship or vessel exceeding twenty metres in length.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.15 The Governor in Council may make regulations

(a) respecting the information to be given, for the purpose of obtaining a traffic clearance, by ships about to enter or within Canadian waters or a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

(b) respecting the conditions under which a traffic clearance referred to in paragraph (a) is to be granted; and

(c) respecting the information to be given by ships after obtaining a traffic clearance referred to in paragraph (a).

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.16 The Governor in Council may, for the purpose of promoting safe and efficient navigation or environmental protection in Canadian waters or in any shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act, make regulations

(a) establishing Vessel Traffic Services Zones within any such waters;

(b) respecting the monitoring and surveillance of marine traffic about to enter or within a Vessel Traffic Services Zone;

(c) respecting the procedures and practices to be followed by ships about to enter or within a Vessel Traffic Services Zone; and

(d) respecting the radio frequencies that ships about to enter or within a Vessel Traffic Services Zone must be capable of using.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.17 (1) The Commissioner of the Canadian Coast Guard or any person designated by him may, on request, permit a ship to follow a procedure or practice other than that required pursuant to regulations made under section 562.15 or paragraph 562.16(c) if he is satisfied that such other procedure or practice is as safe as that required pursuant to the said regulations.

(2) Failure to comply with a procedure or practice substituted pursuant to subsection (1) shall be deemed to constitute failure to comply with the procedure or practice required pursuant to the relevant regulation.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.18 (1) With respect to any ship about to enter or within a Vessel Traffic Services Zone, the Commissioner of the Canadian Coast Guard may, for the purpose of promoting safe and efficient navigation or environmental protection, but subject to any other Act of Parliament governing ports or harbours and any regulation or by-law made under such an Act, and to any regulations made under sections 562.1, 562.11 and 562.16,

(a) give a traffic clearance to the ship to enter, leave or proceed within a Vessel Traffic Services Zone;

(b) direct the master, pilot or person in charge of the deck watch of the ship to provide such pertinent information in respect of that ship as may be specified in the direction;

(c) direct the ship to use such radio frequencies in communications with coast stations or other ships as may be specified in the direction; and

(d) direct the ship, at such time or between such times as may be specified in the direction,

(i) to leave a Vessel Traffic Services Zone,

(ii) to leave or refrain from entering such area within a Vessel Traffic Services Zone as may be specified in the direction, or

(iii) to proceed to or remain at such location within a Vessel Traffic Services Zone as may be specified in the direction

where he believes on reasonable grounds that any of the following circumstances exist, namely,

(iv) non-availability of a berth required for the ship,

(v) pollution or reasonable apprehension of pollution in the Vessel Traffic Services Zone,

(vi) the proximity of animals whose well-being could be endangered by the movement of the ship,

(vii) any obstruction to navigation in the Vessel Traffic Services Zone,

(viii) the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property,

(ix) the proximity of a ship navigating in an unsafe manner or with improperly functioning equipment or radio equipment, or without charts or publications required by regulations made pursuant to paragraph 562.1(1)(a), or

(x) vessel traffic congestion that constitutes an unacceptable risk to shipping, the public or the environment.

(2) The Commissioner of the Canadian Coast Guard may designate marine traffic regulators to exercise his powers set out in subsection (1), and may establish the requirements that a person must meet before being so designated and the conditions of such designation.

(3) Except as provided by subsections (4) and (5), no ship shall

(a) enter, leave or proceed within a Vessel Traffic Services Zone without having previously obtained a traffic clearance under this section; or

(b) proceed within a Vessel Traffic Services Zone unless able to maintain direct communication with a marine traffic regulator.

(4) Where a ship, for any reason other than ship board radio equipment failure,

(a) is unable to obtain a clearance required by subsection (3) by reason of inability to establish direct communication with a marine traffic regulator, or

(b) after receiving a clearance, is unable to maintain direct communication with a marine traffic regulator,

the master may nevertheless proceed on his route, but shall take all reasonable measures to communicate with a marine traffic regulator as soon as possible.

(5) Where a ship, due to ship board radio equipment failure,

(a) is unable to obtain a clearance required by subsection (3) by reason of inability to establish direct communication with a marine traffic regulator, or

(b) after receiving a clearance, is unable to maintain direct communication with a marine traffic regulator,

the master may nevertheless proceed on his route, but shall take all reasonable measures to report the occurrence to a marine traffic regulator as soon as possible, and shall proceed to the nearest reasonably safe port or anchorage on his route where the radio equipment can be repaired.

(6) A ship shall comply with a direction given under this section.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.19 (1) Any person or ship that contravenes

(a) a regulation made under paragraph 562.15(a) or (c) or 562.16(c) or (d),

(b) subsection 562.18(3), (4) or (5), or

(c) a direction given by the Commissioner of the Canadian Coast Guard or a marine traffic regulator under section 562.18

is, subject to subsection (2), guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars where the contravention is in respect of a ship twenty metres or less in length, or to a fine not exceeding fifty thousand dollars where the contravention is in respect of a ship exceeding twenty metres in length.

(2) It is a defence to a charge under subsection (1) of contravening a regulation made under paragraph 562.16(c), subsection 562.18(3) or a direction referred to in paragraph (1)(c) that the master, pilot or person in charge of the deck watch of the ship had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property, and, in the case of contravening a direction referred to in paragraph (1)(c), notified the person who gave the direction, as soon as possible, of the contravention and of the reasons therefor.

(3) In a prosecution of a ship for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, whether or not the person on board the ship has been identified and, for the purposes of any prosecution of a ship for contravening a direction given under section 562.18, a direction given to the master or any person on board the ship shall be deemed to have been given to the ship.

(4) Where the Commissioner of the Canadian Coast Guard or any person authorized by him for the purposes of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a ship, he may make a detention order in respect of that ship, and section 672 applies to such a detention order, with such modifications as the circumstances require.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

562.2 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 562.16 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. 78.

562.21 Where Canada enters into an agreement with another state, in this section referred to as the “port state”, under which the Governor in Council is satisfied that the port state agrees to grant to every ship enroute to or departing from a port in Canada an exemption equivalent to that described in this section, the Governor in Council may by order, for the purpose of implementing that agreement, exempt all ships registered in states other than Canada, when navigating in Canadian waters specified in the order, from the requirements of this Part and Part XV, and any regulations made thereunder, relating to design, construction, manning and equipment, where such ships

(a) are enroute to or departing from a port in the port state and not enroute to or departing from a port in Canada; and

(b) are in full compliance with all such requirements imposed by the law of the port state.

R.S., 1985, c. 6 (3rd Supp.), s. 78.

563. No local rule or by-law, inconsistent with the Collision Regulations, is of any force or effect, but, in so far as it is not inconsistent therewith, any local rule or by-law is of full force within the locality to which it applies.

R.S., c. S-9, s. 636.

564. (1) Every owner, master and person having the conduct of a vessel or raft shall obey the Collision Regulations as modified by any local rule pursuant to section 563, and shall not carry or exhibit any other lights, or use any other fog signals, than those required by the Collision Regulations as so modified.

(2) Every person who fails, without reasonable cause, to comply with this section is guilty of an offence and liable on summary conviction

(a) to a fine not exceeding two thousand dollars, where the failure to comply is in respect of a vessel or raft twenty metres or less in length; or

(b) to a fine not exceeding one hundred thousand dollars, where the failure to comply is in respect of a vessel or raft exceeding twenty metres in length.

(3) Where any injury to a person or damage to property arises from the non-observance by any vessel or raft of any of the Collision Regulations, the injury or damage shall be deemed to have been occasioned by the wilful default of the person in charge of that raft, or of the deck of that vessel at the time, unless it is shown to the satisfaction of a court that the circumstances of the case made a departure from the regulation necessary.

(4) and (5) [Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 79]

R.S., 1985, c. S-9, s. 564; R.S., 1985, c. 6 (3rd Supp.), s. 79.

565. to 567. [Repealed, 2001, c. 6, s. 118]

568. (1) In every case of collision between two vessels, it is the duty of the master or person in charge of each vessel, if and in so far as he can do so without danger to his own vessel, crew and passengers, if any,

(a) to render to the other vessel, her master, crew and passengers, if any, such assistance as may be practicable, and as may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that it has no need of further assistance; and

(b) to give to the master or person in charge of the other vessel the name of his own vessel and of the port to which it belongs, and also the names of the ports from which it comes and to which it is bound.

(2) Failure of the master or person in charge of a vessel to comply with this section does not raise any presumption of law that the collision was caused by his wrongful act, neglect or default.

R.S., c. S-9, s. 641.

569. (1) When a steamship has sustained or caused any accident occasioning loss of life or any serious injury to any person, or has received any material damage affecting its seaworthiness or its efficiency either in its hull or in any part of its machinery, the owner or master shall, within twenty-four hours after the happening of the accident or damage, or as soon thereafter as possible, transmit to the Minister, by letter signed by the owner or master, a report of the accident or damage, and of the probable occasion thereof, stating the name of the ship, its official number, if any, the port to which it belongs and the place where it is.

(2) If the owner or master, without reasonable cause, fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.

(3) This section applies to all Canadian ships and to all steamships carrying passengers between places in Canada.

R.S., c. S-9, s. 642.

570. (1) Where the managing owner or, in the event of there being no managing owner, the ship’s husband, of any Canadian ship has reason, owing to the non-appearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the Minister notice in writing of the loss and of the probable occasion thereof, stating the name of the ship, its official number, if any, and the port to which it belongs.

(2) If the managing owner or the ship’s husband, without reasonable cause, fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.

R.S., c. S-9, s. 643.

571. and 572. [Repealed, 2001, c. 6, s. 119]

573. Sections 568 to 570 apply in respect of a vessel to any persons other than the owners responsible for the fault of the vessel as though the expression “owners” included those persons, and in any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the vessel, those sections shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible.

R.S., 1985, c. S-9, s. 573; 2001, c. 6, s. 120.

574. to 577. [Repealed, 2001, c. 6, s. 121]

578. [Section 578, as enacted by 1998, c. 6, s. 2, repealed by 2001, c. 6, s. 122 prior to its coming into force.]

579. to 583. [Repealed, 2001, c. 6, s. 123]

584. [Repealed, 1998, c. 6, s. 2]

585. Carriers by water shall, at the times and in the manner and on the terms of which they have respectively given public notice, receive and convey according to that notice all persons applying for passage and all goods offered for conveyance unless, in either case, there is reasonable and sufficient cause for not doing so.

R.S., c. S-9, s. 656.

586. Subject to Part 5 of the Marine Liability Act, carriers by water are responsible not only for goods received on board their vessels but also for goods delivered to them for conveyance by their vessels, and are bound to use due care and diligence in the safe-keeping and punctual conveyance of those goods.

R.S., 1985, c. S-9, s. 586; 2001, c. 6, s. 124.

587. [Repealed, 1998, c. 6, s. 3]

588. All fines incurred for any offence against this Part shall, if the offence is committed within the jurisdiction of any harbour commissioners, be sued for, recovered, enforced and applied in like manner as fines imposed for the contravention of the by-laws of the harbour commissioners within whose jurisdiction the offence is committed.

R.S., c. S-9, s. 659.

589. Subject to section 588, all fines recovered under this Part shall be paid over to the Receiver General and shall form part of the Consolidated Revenue Fund.

R.S., c. S-9, s. 660.