![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
|
![]() |
![]() |
|
|
![]() |
CANADA SHIPPING ACT
|
![]() |
Application
526. This Part does not apply to the harbour of Quebec or Montreal.
527. The Minister may designate one or more port wardens for any port or any district.
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.
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).
Where port warden is member of public service of Canada
(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.
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.
532. A port warden shall, at his own expense, where he is not a member of the public service of Canada, 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.
Examination of condition of cargo, etc.
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.
Port warden to ascertain cause of damage
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.
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.
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.
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.
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.
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.
Further duties of master and port warden with respect to ships laden with grain
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.
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.
No clearance granted unless there is compliance with requirements of this Part
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Punishment for preventing examination
(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.
![]() |
![]() |
|||||||
|
Transport Canada |
Pacific Region |
Prairie & Northern Region |
Ontario Region |
Quebec Region |
Atlantic Region |
About us |
Our offices |
Organization and senior management |
Departmental publications |
Programs and services |
Acts |
Regulations |
[More...] |
Media room |
Advisories |
Contacts |
e-news |
News releases |
Photo gallery | Reference centre |
Speeches |
[More...] |
Emergencies |
Emergencies and crises |
Emergency preparedness |
Security |
Transport of dangerous goods |
[More...] |
Air |
Our offices |
Passengers |
Pilots |
Flight instructors |
Maintenance technicians |
Commercial airlines |
Security |
Transport of dangerous goods |
[More...] |
Marine |
Our offices |
Small commercial vessels |
Large commercial vessels |
Pleasure craft |
Marine security |
Marine infrastructure |
Transport of dangerous goods |
[More...] |
Rail |
Our offices |
Safety at railway crossings |
Rail infrastructure |
Transport of dangerous goods |
[More...] |