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CANADA SHIPPING ACT
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NAVIGATION -- COLLISIONS -- OPERATION
--LIMITATION OF LIABILITY
562. (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.
Regulations for safe navigation and operation of ships
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.
Regulations may be given restricted application
(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;
(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.
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.
Regulations may be given restricted application
(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.
Publication of proposed regulations implementing the Convention
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.
Internationally approved routing systems
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.
All ships to obey instructions from Coast Guard
(2) Canadian ships in all waters and every ship in
(a) Canadian waters, and
(b) the exclusive economic zone of Canada
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.
Certificate of Secretary of Department of Transport
(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.
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.
Clearance of ships to enter Canadian waters, etc.
562.15 The Governor in Council may, on the recommendation of the Minister, 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).
562.16 The Governor in Council may, on the recommendation of the Minister, 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.
Variations from prescribed procedures or practices
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.
Failure to comply with substituted procedure or practice
(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.
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.
Where ship unable to communicate
(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.
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.
Defence available in certain cases
(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.
Publication of proposed regulations
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.
Certain exemptions for ships in transit
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.
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.
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.
Liability for damage on non-observance
(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.
565. [Repealed, 2001, c. 6, s. 118]
566. [Repealed, 2001, c. 6, s. 118]
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.
Report to Minister of accidents to steamships
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.
Notice of loss to be given to the Minister
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.
Offence and punishment
(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.
571. [Repealed, 2001, c. 6, s. 119]
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.
574. [Repealed, 2001, c. 6, s. 121]
575. [Repealed, 2001, c. 6, s. 121]
576. [Repealed, 2001, c. 6, s. 121]
577. [Repealed, 2001, c. 6, s. 121]
578. [Repealed, 2001, c. 6, s. 122]
579. [Repealed, 2001, c. 6, s. 123]
580. [Repealed, 2001, c. 6, s. 123]
581. [Repealed, 2001, c. 6, s. 123]
582. [Repealed, 2001, c. 6, s. 123]
583. [Repealed, 2001, c. 6, s. 123]
Obligation to convey passengers and goods
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.
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.
587. [Repealed, 1998, c. 6, s. 3]
Fines for contravention of by-laws of harbour commissioners
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.
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.
[Repealed, 1992, c.31, s. 26]
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