125. The definitions in this section apply in this Part.

“aid to navigation” means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation.

“Minister” means the Minister of Fisheries and Oceans.

“VTS Zone” means a Vessel Traffic Services Zone established under paragraph 136(1)(a).

126. (1) Subject to subsection (4), no vessel of a prescribed class shall

(a) enter, leave or proceed within a VTS Zone without having previously obtained a clearance under this section; or

(b) proceed within a VTS Zone unless able to maintain direct communication with a marine communications and traffic services officer in accordance with the regulations.

(2) The Minister may designate as marine communications and traffic services officers persons in the federal public administration who meet the requirements specified by the Minister.

(3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,

(a) grant a clearance to the vessel to enter, leave or proceed within the VTS Zone;

(b) direct the master, pilot or person in charge of the deck watch of the vessel to provide, in the manner and at any time that may be specified in the direction, any pertinent information in respect of the vessel that may be specified in the direction;

(c) direct the vessel to use any radio frequencies in communications with coast stations or any other vessel that may be specified in the direction; and

(d) direct the vessel, at the time, between the times or before or after any event that may be specified in the direction,

(i) to leave the VTS Zone,

(ii) to leave or refrain from entering any area within the VTS Zone that may be specified in the direction, or

(iii) to proceed to or remain at any location within the VTS Zone that may be specified in the direction.

(4) If a vessel

(a) is unable to obtain a clearance required by subsection (1) because of an inability to establish direct communication with a marine communications and traffic services officer, or

(b) after obtaining a clearance, is unable to maintain direct communication with a marine communications and traffic services officer,

the vessel may, subject to subsection (6), nevertheless proceed on its route.

(5) The master shall

(a) in the circumstances described in subsection (4), take all reasonable measures to communicate with a marine communications and traffic services officer as soon as possible; and

(b) in the circumstances described in paragraph (4)(a), obtain a clearance as soon as possible after direct communication is established.

(6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall

(a) if it is in a port or anchorage where the equipment can be repaired, remain there until it is able to establish communication in accordance with the regulations; and

(b) if it is not in a port or anchorage where the equipment can be repaired, proceed to the nearest reasonably safe port or anchorage on its route when it is safe to do so and remain there until it is able to establish communication in accordance with the regulations.

2001, c. 26, s. 126; 2003, c. 22, s. 224(E).

127. (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(1)(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.

(2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.

128. All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.

129. (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

(2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

130. (1) The Minister may designate persons as rescue coordinators to organize search and rescue operations.

(2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a rescue coordinator may

(a) direct all vessels within an area that the rescue coordinator specifies to report their positions;

(b) direct any vessel to take part in a search for that person, vessel or aircraft or to otherwise render assistance;

(c) give any other directions that the rescue coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

(d) use any lands if it is necessary to do so for the purpose of saving the life of a shipwrecked person.

(3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).

131. (1) Subject to this section, the master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

(2) If the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to the assistance of a person, a vessel or an aircraft in distress, the master is not required to proceed to their assistance and is to enter the reason in the official log book of the vessel.

(3) The master of any vessel in distress may requisition one or more of any vessels that answer the distress call to render assistance. The master of a requisitioned vessel in Canadian waters and every qualified person who is the master of a requisitioned vessel in any waters shall continue to proceed with all speed to render assistance to the vessel in distress.

(4) The master of a vessel shall be released from the obligation imposed by subsection (1) when the master learns that another vessel is complying with a requisition referred to in subsection (3).

(5) The master of a vessel shall be released from an obligation imposed by subsection (1) or (3) if the master is informed by the persons in distress or by the master of another vessel that has reached those persons that assistance is no longer necessary.

132. The master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

133. Sections 130 to 132 apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels in Canadian waters, with any modifications that the circumstances require.

134. No person shall be present on Sable Island unless the person

(a) has been so authorized in writing by the Minister and meets any terms and conditions specified in the authorization;

(b) is there to perform duties on behalf of the Government of Canada; or

(c) landed on the Island because of adverse weather conditions or the wreck or distress of a vessel or an aircraft that the person was on.

135. (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part.

(2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.

136. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

(b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

(c) respecting the conditions under which a clearance under section 126 is to be granted;

(d) defining the expression “about to enter” for the purpose of this Part;

(e) respecting aids to navigation in Canadian waters;

(f) respecting the administration and control of Sable Island;

(g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

(h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (f) or (g) and specifying their powers and duties;

(i) respecting maritime search and rescue; and

(j) prescribing anything that may be prescribed under this Part.

(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Transport, make regulations regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment.

137. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) subsection 131(1) (assist persons in distress);

(b) subsection 131(3) (comply with requisition to assist person in distress); or

(c) section 132 (assist a person found at sea).

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

(3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.

138. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

(b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

(c) a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

(d) paragraph 126(5)(a) (take all reasonable measures to communicate);

(e) paragraph 126(5)(b) (obtain clearance);

(f) subsection 126(6) (remain at port or proceed to safe port);

(g) subsection 129(1) (report disturbance of aid to navigation);

(h) subsection 129(2) (report navigation hazard);

(i) subsection 130(3) (comply with direction of rescue coordinator); or

(j) a provision of the regulations made under this Part.

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

(3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

(4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

139. Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.

140. The definitions in this section apply in this Part.

“Crown vessel” means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada.

“Minister” means the Minister of Transport.

141. This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.

142. (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

(2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

143. (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

(2) In respect of salvage services that may be claimed under subsection (1),

(a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

(b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

(3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

(4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

(5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.

144. (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

(2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.

145. (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

(2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.

146. The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

147. Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.

148. If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

(a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

(b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

149. (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

(2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

(a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

(b) enter and inspect any premises at any reasonable time.

(3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

(4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

(a) is necessary for the purpose of an inquiry; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

(5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

150. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

(b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;

(c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

(d) prescribing anything that may be prescribed under this Part.

(2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

2001, c. 26, s. 150; 2005, c. 2, s. 8.

151. (1) Every person commits an offence who contravenes

(a) paragraph 148(a) (render assistance after a collision); or

(b) a provision of the regulations made under paragraph 150(1)(a).

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

152. (1) Every person commits an offence who contravenes

(a) paragraph 148(b) (failure to provide information after a collision); or

(b) a provision of the regulations made under paragraph 150(1)(c) or subsection 150(2).

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

153. The definitions in this section apply in this Part.

“Minister” means the Minister of Fisheries and Oceans.

“wreck” includes

(a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

(b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.

154. (1) The Minister may designate persons or classes of persons as receivers of wreck.

(2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

(3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.

155. (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

(a) report it to a receiver of wreck and provide the information and documents requested; and

(b) take any measures with respect to the wreck that the receiver of wreck directs, including

(i) delivering it to the receiver of wreck within the period specified by the receiver, or

(ii) keeping it in their possession in accordance with the instructions of the receiver.

(2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

(3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.

156. (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

(2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.

157. No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.

158. A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and

(a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);

(b) establishes their claim to the satisfaction of the receiver; and

(c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.

159. (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.

(2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.

160. (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,

(a) after 90 days following the date that the wreck was reported under paragraph 155(1)(a); or

(b) at any time if, in the receiver’s opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.

(2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).

(3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund

(a) if no claim has been submitted in accordance with paragraph 158(a); or

(b) if a claim has not been established within the period that the receiver of wreck considers appropriate.

161. If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.

162. On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.

163. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) exempting any geographical area from the application of this Part; and

(b) for carrying out the purposes and provisions of this Part.

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

( a) specifying wreck or classes of wreck that have heritage value;

( b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;

( c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

(d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

( e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

( f) exempting any geographical area from the application of regulations made under paragraph ( b) or ( c); and

( g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

(3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

2001, c. 26, s. 163; 2005, c. 2, s. 9.

164. (1) Every person commits an offence who contravenes

(a) paragraph 155(1)(a) (report wreck);

(b) paragraph 155(1)(b) (take directed measures regarding wreck);

(c) section 157 (possessing, concealing, destroying or disposing of wreck); or

(d) a provision of the regulations made under this Part.

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

(3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.