CANADA SHIPPING ACT
PART V
PART V
PART V
SAFETY
Steamship Inspection Service
Appointment of steamship inspectors
301. The Governor in Council may appoint at such places in Canada as
he deems advisable, persons to inspect
(a) the machinery of steamships,
(b) the hulls of steamships,
(c) the equipment of steamships, and
(d) the electrical installations in steamships,
and a person so appointed shall be referred to in this Act as a
"steamship inspector".
Examination of steamship inspectors
302. No person shall be appointed a steamship inspector unless he has
passed a satisfactory examination before the Board of Steamship Inspection, and has
obtained a certificate to that effect from the Chairman of the Board, and no person after
appointment as a steamship inspector shall be financially interested in the construction
or sale of steamships, their equipment or machinery.
Oath of office
303. (1) Before entering on his duties, a steamship inspector shall
take and subscribe, before a person authorized to administer oaths, an oath to execute
well, faithfully and impartially, the duties assigned to him by this Act, which oath shall
be in the form or to the effect following:
I, , do solemnly swear that I will well, faithfully and impartially, to the best of my
judgment, skill and understanding, execute the duties assigned to the office of steamship
inspector. So help me God.
Forwarded to the Minister
(2) The oath taken by a steamship inspector shall be forwarded forthwith to the
Minister.
Board of Steamship Inspection
304. (1) There shall be a Board of Steamship Inspection, composed of
the steamship inspectors and such other persons as the Minister may appoint.
Chairman
(2) The Governor in Council may appoint any member of the Board to be Chairman.
Quorum
(3) Three members of the Board, one of whom shall be the Chairman, form a quorum.
Casting vote
(4) The Chairman has the right to vote at meetings of the Board, and, in the case of an
equal division, has also a casting vote.
Sittings and records
305. (1) The Board shall sit at the direction of the Chairman, and a
record of the proceedings thereof shall be kept by the Chairman.
Duties
(2) It shall be the duty of the Board
(a) to give decisions in respect of the structural strength and suitability from the
point of view of the safety of hulls, machinery and equipment where unusual features are
presented;
(b) to give decisions on such matters arising under this Part as may be referred to it
by the Chairman; and
(c) to examine candidates for the position of steamship inspector.
Exemptions and equivalent standards
(2.1) On application made in writing setting out the circumstances of the case, the
Board may, in writing, for such period and on such conditions as it specifies,
(a) exempt any ship from complying with any provision of the regulations made under
this Act relating to design, construction, equipment, radio equipment, machinery,
inspection, manning or operation of ships, where the Board considers that the exemption is
necessary or desirable; or
(b) permit the substitution, for any such provision of the regulations, of any other
provision that, in the opinion of the Board, provides a level of safety at least
equivalent to that provided by compliance with that provision of the regulations.
Failure to comply
(2.2) Failure to comply with a provision substituted pursuant to paragraph (2.1)(b)
shall be deemed to constitute failure to comply with the provision of the regulations for
which it was substituted.
Rules and regulations
(3) The Board may make rules and regulations for its own conduct, for the uniform
inspection of steamships and for such other purposes as are necessary under this Part, and
those rules and regulations after they are approved by the Governor in Council have force
and effect as if enacted in this Part.
Duties of Chairman
306. The Chairman shall supervise the steamship inspectors, receive
and examine all their reports and accounts and is responsible to the Minister for the
administration of the law relating to steamship inspection.
Matters in dispute
307. (1) Any matter in dispute arising under this Act between the
owner of a ship or any other interested party and a steamship inspector may be referred by
either of them to the Chairman, who shall decide on the matter himself, or, if he
considers that the circumstances warrant it, shall refer it to the Board for a decision.
Disputes with port wardens
(1.1) This section also applies, with such modifications as the circumstances require,
to matters in dispute referred to in section 551.
Idem
(2) Where a matter in dispute involves the issue or withholding of a certificate of
inspection, the decision of the Chairman or of the Board that a certificate be issued is
sufficient authority to the inspector to issue it.
Appeal to Minister
(3) Where the owner of a ship or any other interested party is dissatisfied with any
decision given by the Chairman or by the Board under subsection (1), or where any matter
in dispute arises under this Part between the owner of a ship or any other interested
party and the Chairman or the Board, the owner or party may refer the matter to the
Minister, who shall finally decide the matter.
In writing
(4) Any reference of a matter in dispute and any decision given in respect thereof made
under this section shall be in writing.
Deputy Chairmen
308. (1) From among the members of the Board the Minister may appoint
one or two Deputy Chairmen and, in the latter case, the Minister shall designate one as
the First Deputy Chairman and the other as the Second Deputy Chairman.
Powers and duties of Deputy Chairman
(2) Where only one Deputy Chairman is appointed, the Deputy Chairman has all the powers
and duties of the Chairman in the event of the absence or incapacity of the Chairman or if
the office of Chairman is vacant.
Idem
(3) Where two Deputy Chairmen are appointed, subsection (2) applies in turn, with such
modifications as the circumstances require, to the First Deputy Chairman and the Second
Deputy Chairman.
Chairman may inspect steamships
309. The Chairman may at any time inspect the hull, equipment or
machinery of any ship, and if he suspects a steamship inspector of having neglected his
duty in respect of that ship, or in any other respect, he may call a meeting of the Board
to investigate the case, or he may investigate it himself, and the result of the
investigation shall be communicated forthwith, in writing, to the Minister.
Right of inspector to board ships
310. (1) A steamship inspector, in the performance of his duties, may
go on board any ship at all reasonable times and inspect the ship, or any of the machinery
or equipment thereof, or any certificate of a master, mate or engineer, and if he
considers the ship unsafe, or, if a passenger ship, unfit to carry passengers, or the
machinery or equipment defective in any way so as to expose persons on board to serious
danger, he shall detain that ship.
Right of inspector to detain ship
(2) A steamship inspector may detain any ship in respect of which any of the provisions
of this Act have not been complied with, if, in his opinion, detention is warranted in the
circumstances.
Owners and officers of steamships to answer questions
(3) When, under this section, a steamship inspector visits any ship, he may ask the
owner or his agent, the master or chief engineer, or any other person on board and in
charge or appearing to be in charge any pertinent question concerning the ship, or
concerning any accident that has happened thereto, that he thinks fit, and every such
person shall fully and truly answer every question.
Putting machinery in motion
(4) A steamship inspector may require that the machinery of a ship be put in motion so
that he may satisfy himself as to its condition.
Inspector to see that steamships have proper lights
311. (1) When a steamship inspector inspects any steamship, he shall
satisfy himself that the steamship has the navigation lights and other equipment required
under the Collision Regulations and that it has the proper certificated officers,
navigating and engineering, required under this Act, and a certificate shall not be given
to any steamship unless it has the navigating equipment and certificated officers.
Production of certificate of registry
(2) A steamship inspector shall demand of the owner or master of every steamship that
he inspects the production of the certificate of registry or licence of the vessel, and
the owner or master shall produce that certificate or licence on demand.
Reasonable assistance
(3) A steamship inspector may demand all reasonable assistance from the owner or master
of a ship for the purpose of making an inspection or obtaining information.
Record of inspections and certificates
312. A steamship inspector shall keep a record of the inspections he
makes and certificates he issues, in such form and with such particulars respecting them
as the Chairman directs, and shall furnish copies thereof and any other information
pertaining to the duties of his office that the Chairman may require.
Owner to pay expenses of inspection
313. (1) The expenses or any part of the expenses incurred by a
steamship inspector in respect of any inspection he may make, or be requested to make,
under this Part, shall be paid by the owner of a ship in such manner as the Minister may
direct, if
(a) inspection is made at a place outside Canada; or
(b) the Minister decides in respect of any inspection made in Canada that, due to the
fault, or default, of the owner of any ship, his agent, the master or any other servant of
the owner, the expenses incurred by any steamship inspector were in whole or in part
thrown away, wasted or unreasonably increased.
Detaining of vessel
(2) Where the expenses referred to in subsection (1) are not paid forthwith, the ship
in respect of which they were incurred is liable to be detained until they are paid.
Regulations implementing Safety Convention
and Load Line Convention
314. The Governor in Council may make regulations to implement the
Safety Convention and the Load Line Convention.
Publication of proposed regulations
314.1 The Governor in Council may make regulations to implement, in
whole or in part, the provisions of the International Safety Management Code of the Safety
Convention adopted by the International Maritime Organization on November 4, 1993, as
amended from time to time, in respect of ships other than Safety Convention ships.
Countries to which Safety Convention applies
315. The Governor in Council, if satisfied that the government of any
country has ratified, acceded to or denounced the Safety Convention, may make a
declaration to that effect.
Inspection of Safety Convention passenger
and nuclear ships
316. (1) Every Canadian Safety Convention ship that is a passenger
ship and every nuclear ship registered in Canada shall have its hull, machinery and
equipment inspected by a steamship inspector in accordance with the regulations before the
ship is first put into service and at least once in each year thereafter.
Inspection of Safety Convention cargo ships
(2) Every Canadian Safety Convention ship that is a cargo ship of five hundred tons
gross tonnage or more, other than a nuclear ship, shall have
(a) its equipment inspected by a steamship inspector in accordance with the regulations
before the ship is first put into service and at least once every two years thereafter;
and
(b) its hull and machinery inspected by a steamship inspector in accordance with the
regulations before the ship is first put into service and at least once in each year
thereafter or, if surveys or inspections referred to in subsection 319(4) are made, in
such longer period, not exceeding twenty-five years, as may be prescribed by regulations
made under paragraph 319(5)(f).
Inspection of Canadian steamships not Safety Convention ships
(3) Subject to sections 405 to 407, every Canadian steamship that is not a ship
described in subsection (1) or (2) shall have its hull, machinery and equipment inspected
by a steamship inspector in accordance with the regulations before the ship is first put
into service and at least once in each year thereafter or, if surveys or inspections
referred to in subsection 319(4) are made, in such longer period, not exceeding
twenty-five years, as may be prescribed by regulations made under paragraph 319(5)(f).
Other inspections
(4) Notwithstanding subsections (2) and (3), where the hull, machinery and equipment of
a ship described in those subsections are inspected at intervals less frequent than once a
year, the ship shall, in addition, be inspected by a steamship inspector at least once in
each year to the extent prescribed in the regulations.
Anchors and cables part of "hull"
(4.1) Notwithstanding the definitions "equipment" and "hull" in
section 2, anchors and cables shall, for the purposes of subsections (2), (3) and (4), be
deemed to be part of the hull and not part of the equipment.
Steamship not to be used without certificate
(5) It is the duty of the owner to have an inspection made under this section, and no
steamship described in this section shall be used unless there is on board and in force a
certificate or certificates issued under section 318 or 319, applicable to the voyage on
which the steamship is about to proceed and to the trade in which it is engaged.
Offence and punishment
(6) The owner or person in charge for the time being of any steamship that makes any
voyage contrary to this section is guilty of an offence and liable to a fine of not more
than one thousand dollars and not less than one hundred dollars.
Where fine and costs not paid forthwith
(7) Where a fine imposed under subsection (6) and the costs of conviction are not paid
forthwith, the steamship, subject to the direction of the Minister, is liable to be seized
and sold by a chief officer of customs, or any person thereto directed by the Minister,
and the fine, the costs of conviction and the costs of the seizure and sale shall be paid
out of the proceeds of the sale, and the surplus, if any, shall be paid over to the owner
of the steamship.
Inspector's report to the Chairman
317. A steamship inspector, if satisfied on inspection of a steamship,
that he can with propriety do so, shall forward a report to the Chairman, which shall
contain statements showing
(a) that the hull and machinery are sufficient for the service intended and in good
condition;
(b) that the hull and machinery are constructed, arranged and fitted in accordance with
the regulations made under this Part;
(c) that the equipment that is required under the regulations is on board and in good
condition;
(d) that the master, mates and engineers are persons duly certificated as required
under this Act, and that the crew is sufficient and efficient;
(e) the class of voyage on which the steamship is fit to ply, and the time, if less
than one year, for which the hull, equipment and machinery will be sufficient;
(f) if the steamship is a passenger steamship, the number of passengers that it may
carry; and
(g) the steam pressure that may be carried on the boilers.
317.1 The Minister may authorize any person, classification society or
other organization to conduct inspections under this Act, subject to this Act and the
terms and conditions that are specified by the Minister in the instrument of
authorization.
317.2 A person, classification society or other organization
authorized under section 317.1 to conduct inspections does not have the powers of a
steamship inspector, but may issue any certificate that may be issued by a steamship
inspector, other than an Exemption Certificate.
317.3 (1) A person, classification society or other organization
referred to in section 317.2 who does not issue a certificate may deliver their report to
a ship inspector.
(2) A ship inspector may act on the report and issue the appropriate inspection or
Safety Inspection certificates.
(3) A ship inspector is not liable by reason only of issuing a certificate under
subsection (2).
Certificates to Safety Convention and nuclear ships
318. (1) Where the Chairman has received a report of inspection
described in section 317 and a report of a radio inspector described in section 346 in
respect of a Canadian Safety Convention ship that is a passenger ship or a nuclear ship,
and he is satisfied that all the relevant provisions of this Act and the regulations have
been complied with, he shall issue for that ship an inspection certificate and the Safety
Convention certificate that is described in section 321 and that is appropriate to the
class and intended service of that ship.
Issue of certificates to Safety Convention cargo ships
(2) Where, after an inspection of a Canadian Safety Convention ship that is a cargo
ship of five hundred tons gross tonnage or more, other than a nuclear ship, covering all
the particulars set forth in section 317, a steamship inspector is satisfied that all
relevant provisions of this Act and the regulations have been complied with, he shall
issue for that ship the Safety Convention certificates that are described in section 321
and that are appropriate to the class and intended service of that ship.
Issue of certificates to nuclear ships not Safety Convention ships
(3) Where the Chairman has received a report of inspection described in section 317 in
respect of a Canadian ship that is a nuclear ship not intended to be used on an
international voyage, and he is satisfied that all the relevant provisions of this Act and
the regulations have been complied with, he shall issue for that ship an inspection
certificate that is appropriate to the class and intended service of that ship.
Register of certificates
(4) The Chairman shall maintain a register of all Safety Convention certificates issued
pursuant to this section and shall cause each certificate to be marked to show that it has
been registered.
Steamships that are not Safety Convention ships
319. (1) Where a Canadian steamship is not a ship described in section
318, a steamship inspector shall issue for that ship an inspection certificate that is
appropriate to the class and intended service of that ship if he
(a) has inspected the hull, equipment and machinery in accordance with any regulations
that may be made in respect of inspection under this Part, or has had presented to him
proper documentary evidence that such inspection has been made by another inspector;
(b) is satisfied that he can with propriety do so, having due regard to the sufficiency
and condition of the hull, equipment and machinery; and
(c) is satisfied that all relevant provisions of this Act have been complied with.
Particulars as set out in section 317
(2) The inspection required for the issue of a certificate under this section shall
cover all the particulars set out in section 317 applicable in the case of any particular
ship.
Inspection by exclusive surveyor or other inspector
(3) For the purposes of this section and subsection 318(2), the Chairman may direct
that a survey or inspection by
(a) an exclusive surveyor to a society or association for the classification and
registry of ships, approved by the Minister, or
(b) a surveyor or inspector appointed by the government of a country other than Canada,
if made at a place outside Canada may, subject to the regulations, be
deemed to have been made by a steamship inspector, and the report of that surveyor or
inspector may be delivered to a steamship inspector who is entitled to act on it and issue
the appropriate inspection or Safety Convention certificates.
Survey or inspection by exclusive surveyor, where ship is in Canada
(4) For the purposes of this section and of section 318, the Governor in Council may,
by regulations made under subsection (5), provide that a survey or inspection of a ship by
an exclusive surveyor to a society or association for the classification and registry of
ships, if made at a place in Canada, may be deemed to have been made by a steamship
inspector, and the report of that surveyor may be delivered to the Chairman or to a
steamship inspector, as the case may be, who is entitled to act on it and issue the
appropriate inspection or Safety Convention certificates.
Regulations relating to subsection (4)
(5) The Governor in Council may make regulations prescribing
(a) the classes of ships to which subsection (4) applies;
(b) which societies or associations for the classification and registry of ships are
recognized for the purposes of subsection (4);
(c) the scope of surveys or inspections referred to in subsection (4);
(d) the terms and conditions under which a report of a surveyor referred to in
subsection (4) may be accepted by the Chairman or by a steamship inspector, including the
submission to the Chairman or steamship inspector of information in addition to the report
of the surveyor;
(e) the terms and conditions of the continued validity of a certificate issued by the
Chairman or by a steamship inspector pursuant to subsection (4); and
(f) the longer period, not exceeding twenty-five years, referred to in paragraph
316(2)(b) and subsection 316(3).
Chairman or steamship inspector not liable
(6) The Chairman or a steamship inspector is not liable to any person by reason only of
having issued the appropriate certificate in reliance on a report of a surveyor or
inspector referred to in subsection (3) or (4).
Form and particulars of inspection certificate
320. The Governor in Council may make regulations providing for the
form of and the particulars to be given in an inspection certificate to be issued in
respect of a steamship pursuant to section 318 or 319, and that certificate shall, in
addition to any particulars required to be shown under the regulations, state
(a) the limits, if any, beyond which the steamship is not fit to ply;
(b) the number of persons, including the master, composing the crew of the steamship;
and
(c) the number of passengers that a passenger steamship is fit to carry,
distinguishing, if necessary, the number to be carried in each part of the steamship, and
any conditions and variations to which the number is subject.
Safety Convention certificates
321. The Safety Convention certificate to be issued pursuant to
section 318 is, in the case of a ship
(a) that complies with all the provisions of this Part applicable to Safety Convention
passenger ships, other than nuclear ships, a Passenger Ship Safety Certificate;
(b) that complies with all the provisions of this Part relating to construction that
are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo Ship
Safety Construction Certificate;
(c) that complies with all the provisions of this Part relating to safety equipment
that are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo
Ship Safety Equipment Certificate;
(d) that is issued a certificate described in paragraph (a), (b) or (c) and is exempted
from any of the provisions of this Part that would otherwise be applicable to it, an
Exemption Certificate;
(e) that complies with all the provisions of this Part applicable to Safety Convention
nuclear passenger ships, a Nuclear Passenger Ship Safety Certificate; and
(f) that complies with all the provisions of this Part applicable to Safety Convention
nuclear cargo ships, a Nuclear Cargo Ship Safety Certificate.
Modification of Safety Convention certificates
322. (1) Where, in the course of a voyage, a Canadian ship for which a
Passenger Ship Safety Certificate has been issued has on board a number of persons that is
less than the number of persons stated in the certificate, the Chairman or a person
authorized by him may issue a memorandum stating the number of persons carried on that
voyage and the modifications that may be made with respect to the life-saving appliances
carried on the ship on that voyage, and that memorandum shall be annexed to the
certificate.
Memorandum to be returned
(2) Every memorandum described in subsection (1) shall be returned to the Minister at
the end of the voyage to which it relates, and, if it is not so returned, the master of
the steamship is guilty of an offence and liable to a fine not exceeding one hundred
dollars.
Posting of certificates
323. (1) The owner or master of a ship, in respect of which a
certificate has been issued pursuant to section 318 or 319, shall cause that certificate
to be posted on the ship in a conspicuous place accessible to all persons on board and to
remain so posted for so long as the certificate is in force and the ship is in use.
Duration of certificates
(2) A certificate issued pursuant to section 318 or 319, other than an Exemption
Certificate, shall be in force for a period not in excess of
(a) five years, in the case of a Cargo Ship Safety Construction Certificate,
(b) two years, in the case of a Cargo Ship Safety Equipment Certificate,
(c) four years, in the case of an inspection certificate issued in respect of a ship to
which section 407 applies, and
(d) one year, in the case of any other certificate,
or until such earlier date that notice that the certificate is cancelled
is given by the Chairman to the owner or master.
Duration of Exemption Certificate
(3) No Exemption Certificate shall be in force for a longer period than the certificate
to which it relates.
Extension may be granted
324. (1) Where a Canadian ship in respect of which a certificate,
other than a Cargo Ship Safety Construction Certificate, has been issued under section 318
or 319, is absent from Canada at the date when the certificate expires, the Minister or
any person authorized by him for the purpose may, if it appears proper and reasonable to
do so, grant such extension of the certificate as will allow the ship to return to Canada,
but no such extension has effect for a period exceeding five months, and no such ship
shall, after returning to a port in Canada, clear from that port until inspection has been
made and a new certificate issued.
Extension of certificates
(2) A certificate, other than a Cargo Ship Safety Construction Certificate, that has
been issued pursuant to section 318 or 319 and that has not been extended under subsection
(1) may be extended by the Minister or any person authorized by him for a period of not
more than one month beyond the date when it would otherwise expire.
Cancellation of certificates
325. (1) A certificate may be cancelled by the Minister if
(a) there is reason to believe that it was obtained fraudulently, or on wrong
information, or that, since it was issued, the hull, equipment, radio equipment or
machinery has sustained any injury or is otherwise insufficient;
(b) any structural alterations have been made, in the steamship in respect of which it
was issued, that would alter the essential conditions under which the certificate was
issued; or
(c) the ship has not been inspected as and when required by subsections 316(1) to (4)
and any regulations made thereunder.
Certificate delivered up
(2) A certificate that has been cancelled shall be delivered up on demand to an
inspector.
Issue of certificates by other governments
326. The Minister may request the government of a country to which the
Safety Convention applies to issue in respect of a Canadian ship any certificate provided
for by the Safety Convention, and a Certificate issued in pursuance of such a request and
containing a statement that it has been so issued has effect for the purposes of this Act
as if it had been issued under sections 318 and 348.
Issue of certificates to ships that are not Canadian ships
327. (1) The Minister may, at the request of the government of a
country to which the Safety Convention applies, cause any certificate provided for by the
Safety Convention to be issued in respect of a ship of that country if he is satisfied, in
like manner as in the case of a Canadian ship, that such certificate may properly be
issued, and, where a certificate is issued at such a request, it shall contain a statement
that it has been so issued.
Effect of certificates
(2) Where a valid Passenger Ship Safety Certificate is produced in respect of a Safety
Convention ship that is not a Canadian ship and there is annexed to that certificate a
memorandum that
(a) has been issued by or under the authority of the government of the country to which
the steamship belongs, and
(b) modifies for the purpose of any particular voyage, in view of the number of persons
actually carried on that voyage, the particulars stated in the certificate with respect to
life-saving appliances,
the certificate has effect for the purpose of that voyage as if it were
modified in accordance with the memorandum.
Application of Part to non-Canadian Safety Convention ships
328. (1) Where a valid Passenger Ship Safety Certificate is produced
in respect of a Safety Convention ship that is not a Canadian ship
(a) subsection 316(1) relating to inspection of machinery shall be deemed to have been
complied with in the case of that ship;
(b) the inspection of the hull and equipment under subsection 316(1) shall be limited
to ascertaining the number of passengers that the ship is fit to carry, and it is not
necessary for the report of the inspector to contain a statement of any further
particulars than those set out in paragraph 317(f); and
(c) on receipt of the report referred to in paragraph (b) there shall be issued a
certificate indicating that this section has been complied with.
Dispensing with inspection of certain passenger ships
(2) Where
(a) a valid Passenger Ship Safety Certificate is produced in respect of a Safety
Convention ship that is not a Canadian ship, together with an inspection certificate
issued by or under the authority of the government of the country to which the ship
belongs showing the number of passengers the ship is fit to carry, and
(b) the Minister is satisfied that the number of passengers the inspection certificate
shows the ship may carry with safety has been determined substantially in the same manner
as is prescribed in this Act or the regulations with respect to a Canadian Safety
Convention ship,
the Minister may dispense with the inspection mentioned in paragraph
(1)(b) in respect of that ship.
Dispensing with inspection of certain cargo ships
(3) Where a valid Cargo Ship Safety Equipment Certificate, a valid Cargo Ship Safety
Construction Certificate and, if one has been issued, a valid Exemption Certificate
relating to either of those certificates are produced in respect of a Safety Convention
cargo ship of five hundred tons gross tonnage or more that is not a Canadian ship, the
ship is not subject to inspection in respect of matters dealt with by such certificates,
except in so far as may be necessary to determine that the condition of the ship and its
equipment corresponds substantially with the particulars set out in the certificates.
Miscellaneous privileges of ships holding Safety Convention certificates
329. (1) Where a valid Safety Convention certificate is produced in
respect of a Safety Convention ship that is not a Canadian ship,
(a) the ship is exempt from compliance with the regulations made under this Act with
respect to life- saving appliances; and
(b) the ship shall not be deemed to be unsafe for the purposes of section 392 by reason
of the defective condition of the hull, equipment or machinery, if it appears that the
conditions correspond substantially with the particulars in the certificate, but if it
appears to the chief officer of customs that the conditions do not correspond
substantially with the particulars in the certificate and that the ship cannot proceed to
sea without danger to the passengers or the crew, he shall detain the ship until he is
satisfied that the ship can proceed safely to sea.
Informing authorities re detention
(2) Where a ship is detained under paragraph (1)(b), the chief officer of customs shall
forthwith inform the consular officer of the country in which the ship is registered of
all the circumstances of the case and shall advise the Chairman of the action he has
taken.
No clearance until Safety Convention certificates produced
330. A clearance shall not be granted for any Safety Convention ship
until there has been produced to the officer of customs from whom clearance is requested
(a) if the ship is a passenger ship other than a nuclear ship, a valid Passenger Ship
Safety Certificate and, if one has been issued, a valid Exemption Certificate;
(b) if the ship is a nuclear passenger ship, a valid Nuclear Passenger Ship Safety
Certificate;
(c) if the ship is a nuclear cargo ship and there has not been produced a certificate
mentioned in paragraph (b), a valid Nuclear Cargo Ship Safety Certificate; and
(d) if the ship is a cargo ship other than a nuclear ship and there has not been
produced a certificate mentioned in paragraph (a),
(i) a valid Cargo Ship Safety Construction Certificate and a valid Cargo Ship Safety
Equipment Certificate, where the gross tonnage of the ship is five hundred tons or more,
and
(ii) a valid Cargo Ship Safety Radio-telegraphy Certificate, where the gross tonnage of
the ship is sixteen hundred tons or more, or a valid Cargo Ship Safety Radio-telegraphy
Certificate or a valid Cargo Ship Safety Radio-telephony Certificate, where the gross
tonnage of the ship is less than sixteen hundred tons,
and any valid Exemption Certificate that has been issued in respect of the ship.
International voyages from Canada
331. (1) A ship registered in a country that is not a party to the
Safety Convention and that is carrying more than twelve passengers, is of three hundred
tons gross tonnage or more or is a nuclear ship shall not go on an international voyage
from any place in Canada unless it complies with all the provisions of this Part and the
regulations applicable to Canadian Safety Convention ships, but the Minister may authorize
the clearance of the ship if he is satisfied that
(a) no passengers are carried;
(b) the amount of cargo carried is not more than is sufficient to enable the ship to
make a voyage in safety;
(c) the hull, boilers, machinery and equipment of the ship are in good condition and
sufficient for the voyage contemplated; and
(d) the radio installation is in good condition and sufficient for the voyage
contemplated.
Contravention
(2) Where this section is contravened in respect of any ship, the ship shall be
detained by the chief officer of customs until this section has been complied with.
Voyages between two places
332. (1) Where the inspection certificate issued in respect of any
steamship shows that it is allowed to make voyages between any two places, and the
certificate is qualified to show that the voyage is to be made with calls at one or more
intermediate places specified, the certificate is only valid on a voyage where such calls
are made.
Certificates not valid beyond limits
(2) Where the owner of a steamship requests the issue of an inspection certificate that
allows the steamship to make voyages between two places, the certificate is not valid if,
in the course of any voyage, the ship is taken beyond the limits of voyages allowed by the
certificate.
Voyage from Canada and return to same place
(3) A steamship that makes a voyage from a place in Canada, and returns to the same
place without calling at another place, shall be deemed
(a) to be making a foreign voyage, if, during the course of the voyage, the ship is,
unless by deviation caused solely by stress of weather or other circumstances that the
master or owner of the ship could not prevent or forestall, more than two hundred nautical
miles from shore; and
(b) to be making a home-trade voyage if, during the course of the voyage, it is not
more than two hundred nautical miles from shore, and the voyage is not an inland voyage.
Voyages similar to home-trade voyages
(4) The Minister may direct that any voyage between places not in Canada that is
similar in characteristics to a home-trade voyage as defined in this Act shall be deemed
to be a home-trade voyage for the purpose of the granting of a certificate of inspection
under this Act, if, during the course of the voyage, the ship does not, unless by
deviation caused solely by stress of weather or other circumstances that the master or
owner of the ship could not prevent or forestall, go more than two hundred nautical miles
off shore.
Carrying passengers in excess
333. (1) No master or owner of any passenger steamship registered in
Canada shall anywhere, and no master of any passenger steamship shall in Canada, permit
passengers to be on board or on or in any part of a steamship in excess of the number
allowed as stated in its inspection certificate.
Offence
(2) A master or owner who contravenes this section is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding two thousand dollars or to
imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years.
Steamships not to submerge load lines
334. (1) Where
(a) a passenger steamship that is a Canadian ship has been marked with subdivision load
lines, that is to say, load lines indicating the maximum depth to which the steamship may
be loaded having regard to the extent to which it is subdivided and to the space for the
time being allotted to passengers, and
(b) the appropriate subdivision load line, that is to say, the subdivision load line
appropriate to the space for the time being allotted to passengers on the steamship, is
lower than the load line indicating the maximum depth to which the steamship may for the
time being under this Act and the regulations be loaded,
the steamship shall not be loaded so that the appropriate subdivision load
line is submerged.
Offence and punishment
(2) The owner or master of a passenger steamship that is loaded in contravention of
subsection (1) is guilty of an offence and liable on summary conviction to a fine not
exceeding one thousand dollars and to an additional fine not exceeding five hundred
dollars for each inch or fraction of an inch by which the appropriate subdivision load
line of the steamship was submerged.
Steamships to be detained
(3) Without prejudice to any proceedings under this section, a steamship that is loaded
in contravention of this section shall be detained until it ceases to be so loaded.
Application
(4) This section applies to passenger steamships not registered in Canada, while they
are within any place in Canada, as it applies to passenger steamships registered in
Canada.
Crew to be sufficient and efficient
335. (1) Every steamship registered in Canada shall be manned with a
crew sufficient and efficient from the point of view of safety of life for the purpose of
its intended voyage, and shall, during the voyage, be kept so manned.
Offence and punishment
(2) If any of the provisions of this section are not complied with in the case of any
steamship, the owner, if in fault, is guilty of an offence and liable to a fine not
exceeding five hundred dollars, and the master, if in fault, is guilty of an offence and
liable to a fine not exceeding two hundred and fifty dollars.
Signalling lamps
336. No Canadian ship being a ship of over one hundred and fifty tons
gross tonnage shall proceed to sea on an international voyage unless the ship is provided
with a signalling lamp of a type approved by the Board, and if any ship proceeds or
attempts to proceed to sea in contravention of this section, the owner or master thereof
is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Printed notices and diagrams
337. (1) In every passenger steamship ample provision shall be made,
to the satisfaction of a steamship inspector, by printed notices, and by diagrams where
necessary, to acquaint the passengers with the location of life-boats, life-jackets and
other life-saving apparatus and with the position of fire buckets, axes and
fire-extinguishers, and there shall be exhibited in each stateroom, and throughout the
ship to the satisfaction of a steamship inspector, notices showing the method of adjusting
life-jackets to the body.
Copy of this Part
(2) There shall be carried on board every passenger steamship registered in Canada, in
some conspicuous place accessible to all the passengers, a printed copy of this Part.
Regulations
338. (1) The Governor in Council may make regulations respecting
(a) the construction of hulls, including their subdivision into watertight
compartments, and the fitting of double bottoms and fire-resisting bulkheads;
(b) the construction and installation of machinery;
(c) the construction of equipment and the class and quantity of various types of
equipment to be carried in any vessel including the marking of boats, life-boats,
life-rafts and buoyant apparatus so as to show the dimensions thereof and the number of
persons authorized to be carried thereon;
(c.1) the construction, servicing and repair of life-saving equipment intended to carry
more than one person, including buoyant apparatus, life-boats and life-rafts, to be
carried on vessels, the performance standards for that equipment and the markings required
to appear on them so as to show their dimensions and the number of persons authorized to
be carried on them;
(c.2) the construction, servicing and repair of flotation devices intended for the use of
only one person to be carried on vessels, and the performance standards for those devices;
(d) compasses, sounding apparatus, electronic equipment and other navigating appliances
and equipment;
(e) propelling power, steering capability and position controlling arrangements;
(f) stability, and the data in regard thereto to be supplied to the master of a
steamship;
(g) the marking of vessels to show the recommended safe limits for engine power and
gross load capacity;
(h) the marking of subdivision load lines on passenger steamships;
(i) the provisions to be made for mustering the passengers and crew for abandoning
ship, including the lighting of decks, passageways and similar parts of the ship, and the
provision of proper means for escape from the various parts of the ship;
(j) passenger accommodation and the number of passengers allowed to be carried;
(k) the production of plans and documentary evidence showing the construction of hulls,
machinery and equipment, the subdivision of hulls into watertight compartments, the
arrangement of passenger accommodation and like information necessary to decide on the
fitness of a steamship for any particular service;
(l) the inspection of the hulls, equipment and machinery of steamships and the extent
to which inspection shall be carried out at intervals of twelve months, or at longer
intervals, having due regard to the class of voyage on which a steamship is to be engaged,
and the trade in which it is employed, and whether the ship is classed with a society or
association for the classification and registry of shipping approved by the Minister;
(m) personal flotation devices to be carried and used on board vessels or classes of
vessels, including regulations defining the expression ``personal flotation device'' and
regulations specifying who must use those devices, and when they must be worn, while a
vessel is in operation;
(n) the subdivision of home-trade voyages and inland voyages into classes, having
regard to the degree of risk that may be encountered on any of those voyages;
(o) the manning of steamships, the number of certificated life-boat men to be carried
and the qualifications for and the granting of certificates to life-boat men;
(p) the carrying of line-throwing apparatus;
(q) precautions against fire;
(r) the holding of periodic boat and fire drills;
(s) the provision of pilot ladders on ships;
(t) the construction of ships carrying hazardous cargoes, and their equipment and
systems;
(u) the inspection and operation of equipment and systems on board ships carrying
hazardous cargoes;
(v) the information to be provided regarding the nature and properties of hazardous
cargoes to be carried on ships; and
(w) the safe use of pesticides in the fumigation of ships, including regulations
prescribing what pesticides or classes of pesticides may or may not be used in the
fumigation of ships.
Hazardous cargoes
(2) The Governor in Council may make regulations prescribing hazardous cargoes for the
purpose of paragraphs (1)(t), (u) and (v).
Regulations to implement Safety Convention
339. (1) The regulations that the Governor in Council may make under
section 338, in so far as they apply to Safety Convention ships, may include such
requirements as appear to him to be necessary to implement the provisions of the Safety
Convention.
Application of regulations
(1.1) Regulations made under subsection 338(1) may extend, if they so state, to any
ship as defined in Part XV, but in no case does a regulation made under subsection (1)
apply to ships capable of engaging in the drilling for, or the production, conservation or
processing of, oil or gas unless the regulation so states and was made on the joint
recommendation of the Minister and the Minister of Natural Resources.
Meaning of "oil" and "gas"
(1.2) For the purposes of subsection (1.1), the words "oil" and
"gas" have the same meanings as in the Oil and Gas Production and Conservation
Act.
Subdivision of steamships
(2) The regulations that the Governor in Council may make under section 338 in respect
of the subdivision of passenger steamships into watertight compartments shall be such
that, if it appears to the Minister
(a) that any such ship plying on any international voyage, and carrying more than
twelve passengers incurs exceptional risks owing to weather and traffic conditions, and
(b) that owing to the small proportion of space allotted to cargo in any of those ships
constructed after the coming into force of the Safety Convention, or converted to
passenger service after that date, the ship can be subdivided to a greater extent than is
required by the Safety Convention,
he may direct that the ship be subdivided to such greater extent as
appears to him to be practicable and expedient in the interests of safety.
Regulations relating to certain international Codes
339.1 (1) The Governor in Council may make regulations to implement,
in whole or in part, the following Codes adopted by the International Maritime
Organization, as those Codes may be amended from time to time:
(a) Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk
(1975),
(b) Code for Existing Ships Carrying Liquefied Gases in Bulk (1975),
(c) Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (1971), and
(d) Code for the Construction and Equipment of Mobile Offshore Drilling Units (1979),
but such regulations may impose stricter standards than those set out in
the relevant Code.
Regulations re production of plans
(2) The Governor in Council may make regulations respecting the production of plans of
the construction and equipment of ships to which regulations made under this section
apply, for the purpose of ascertaining whether any such ship complies with the relevant
regulations.
Application of regulations
(3) Regulations made under this section may apply, if they so state, to any ship as
defined in Part XV but no regulation made under paragraph (1)(d) shall apply to ships
capable of engaging in the drilling for, or the production, conservation or processing of,
oil or gas unless that regulation so states and was made on the joint recommendation of
the Minister and the Minister of Natural Resources.
Meaning of "oil" and "gas"
(4) For the purposes of subsection (3), the words "oil" and "gas"
have the same meanings as in the Oil and Gas Production and Conservation Act.
Publication of proposed regulations
339.2 (1) Subject to subsection (2), a copy of each regulation that
the Governor in Council proposes to make under section 339.1 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.
Exceptions
(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.
Prohibition against navigation without ship stations and operators
340. No person shall navigate
(a) in Canadian waters any ship, and
(b) in any waters a Canadian ship,
unless that ship is fitted with a ship station that complies with the
requirements prescribed by the regulations for that class of ship and has on board
operators in such number and having such qualifications as are prescribed by the
regulations.
Prohibition against proceeding to sea
341. (1) No Canadian Safety Convention ship that is a cargo ship,
other than a nuclear ship, shall proceed on an international voyage unless there is in
force in respect of that ship
(a) a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety
Radio-telephony Certificate; and
(b) if the ship has been exempted from any of the provisions of this Act or the
regulations relating to radio, an Exemption Certificate that by the terms thereof is
applicable to the voyage on which the ship is about to proceed.
Offence and punishment
(2) Every person who contravenes subsection (1) or section 340 is guilty of an offence
and liable on summary conviction to a fine not exceeding one thousand dollars or to
imprisonment for a term not exceeding six months or to both.
Regulations
342. The Governor in Council may make regulations in respect of the
following matters:
(a) for the delaying of the application of the Safety Convention where delay is
permitted under the Convention, but the delay shall be for periods not exceeding those
permitted under the Safety Convention;
(b) prescribing the ship stations to be fitted on Canadian ships and on ships other
than Canadian ships while navigating in Canadian waters;
(c) to authorize the imposition of a fine not exceeding fifty dollars and costs or
three months imprisonment for the contravention of any regulation made under this section
and the recovery of the fine on summary conviction; and
(d) for the imposition of fines not exceeding fifty dollars and costs on persons found
guilty of any breach of any regulation made by the Minister under this Part.
By Minister
343. For the purpose of safety or navigation, the Minister may make
regulations in respect of the following matters:
(a) classifying ship stations and prescribing the type, characteristics, manner of
installation and the conditions to be observed in the operation of regular and emergency
radio installations, including radar, direction-finding apparatus and associated equipment
to be installed in ship stations;
(b) prescribing the watches to be kept at the different classes of ship stations and
the number and qualifications of operators to be carried on those stations;
(c) making provision with respect to the certificates to be held by and the duties of
operators;
(d) providing for the inspection of ship stations;
(e) providing how radio equipment installed on any foreign or British ship shall be
operated while such ship is within Canadian jurisdiction;
(f) compelling all ship stations to receive, accept, exchange and transmit signals and
messages with other radio stations and in such manner as he may prescribe;
(g) requiring the master of a ship to enter in the official log-book of the ship such
particulars relating to the operation of the radio installation and to the maintenance of
the radio service as may be specified in the regulations;
(h) requiring the operator on a ship station to keep a radio log and to enter therein
such particulars as may be prescribed in the regulations; and
(i) for the effective carrying out of the provisions of this Act relating to radio.
Radio rules to implement Safety Convention
344. The regulations to be made by the Governor in Council pursuant to
this Act applicable to ships plying on international voyages shall include such
requirements as appear to him to be necessary to implement the provisions of the Safety
Convention that relate to radio, except in so far as those provisions are otherwise
implemented by this Act.
Radio inspections
345. Radio inspections shall be carried out by radio inspectors
authorized by the Minister for that purpose.
Annual inspection to include radio inspection
346. (1) The annual inspection required by section 316 of a passenger
or nuclear ship in respect of which a Safety Convention Certificate is issued shall
include an inspection by a radio inspector.
Report
(2) The report of the radio inspector shall contain statements of the following
particulars:
(a) the voyages or class of voyages on which, as regards radio, the steamship is fit to
ply;
(b) that, having regard to the number of persons carried or certified to be carried,
the tonnage of the ship and the voyages on which it is declared to be fit to ply, the ship
complies with the provisions of this Act and the regulations relating to radio; and
(c) that the certificates of the radio operators are such as are required by this Act
and the regulations.
Inspection of certain Convention cargo ships by radio inspectors
347. The owner of every Canadian Safety Convention ship that is a
cargo ship, other than a nuclear ship or a ship exempted by this Act from the requirement
of being fitted with radio, shall, before the ship first proceeds on an international
voyage and at least once in each year thereafter, cause the ship to be inspected by a
radio inspector.
Issue of Cargo Ship Radio-telegraphy and Radio-telephony Certificate
348. (1) Where a radio inspector has inspected a Canadian Safety
Convention ship that is a cargo ship, other than a nuclear ship, and he is satisfied that
it complies with the provisions of this Act and the regulations relating to radio, he
shall issue in respect of the ship a Cargo Ship Safety Radio-telegraphy Certificate or a
Cargo Ship Safety Radio-telephony Certificate.
Issue of Exemption Certificate
(2) Where a ship described in subsection (1) is partially or wholly exempted pursuant
to this Act from the obligations of being fitted with a radio installation, on the
application of the owner of the ship an exemption certificate shall be issued by a radio
inspector stating that the ship is exempted from the requirements of the Safety Convention
relating to radio and specifying the voyages and conditions, if any, on which the ship is
so exempted and any certificate issued under this subsection is in this Part referred to
as an "Exemption Certificate".
Issue of Radio Inspection Certificate
(3) Inspection of the radio installations of a ship that does not ply on international
voyages shall be in accordance with regulations made under section 343, and a certificate
issued in respect of that inspection shall be referred to as a "Radio Inspection
Certificate".
Radio certificates required by certain Convention ships that are not Canadian ships
349. (1) Where a valid Passenger Ship Safety Certificate, Nuclear
Passenger Ship Safety Certificate, Nuclear Cargo Ship Safety Certificate, Cargo Ship
Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate is
produced in respect of a Safety Convention ship that is not a Canadian ship
(a) if the certificate shows that the ship is wholly exempt from the provisions of the
Safety Convention relating to radio-telegraphy or radio-telephony, the ship is exempt from
the provisions of this Act relating to radio-telegraphy or radio-telephony; and
(b) if the certificate shows that the ship is not wholly exempt from the provisions of
the Safety Convention, the following provisions of this section apply to the ship in lieu
of the other provisions of this Act relating to radio-telegraphy or radio-telephony.
Inspection of ship
(2) A radio inspector may inspect the ship for the purpose of seeing that the radio
installation and the number of certified operators carried on the ship correspond
substantially with the particulars stated in the certificate.
Notice of deficiency
(3) Where it appears to the radio inspector that the ship cannot proceed to sea without
danger to the passengers or crew owing to the fact that the radio installation or the
number of operators does not correspond substantially with the particulars stated in the
certificate, the inspector shall give to the master notice in writing pointing out the
deficiency and also pointing out what, in his opinion, is required to remedy the
deficiency.
Notice to chief officer of customs
(4) Every notice given under subsection (3) shall be communicated in the manner
directed by the Minister to the chief officer of customs of any port at which the ship may
seek to obtain a clearance and to the consular officer for the country to which the ship
belongs at or nearest to the port where the ship is for the time being, and a clearance
shall not be granted to the ship, and the ship shall be detained, until a certificate
under the hand of a radio inspector of ships is produced to the effect that the deficiency
has been remedied.
Duration of Cargo Ship Radio-telegraphy and Radio-telephony Certificate
350. (1) A Cargo Ship Safety Radio-telegraphy Certificate or a Cargo
Ship Radio-telephony Certificate shall not be in force for more than one year from the
date of its issue nor after notice is given by the Minister, or a person authorized by
him, to the owner, agent or master of the ship in respect of which it has been issued that
he has cancelled it, and no Exemption Certificate shall be in force for a longer period
than the certificate to which it relates.
Issue of new certificate
(2) Notwithstanding subsection (1), where the inspection of a Canadian Safety
Convention ship that is a cargo ship of three hundred tons gross tonnage or more but less
than five hundred tons gross tonnage, and in respect of which a certificate described in
subsection (1) has been issued, takes place within two months after the end of the period
for which the certificate was issued, a new certificate may be issued for a period ending
one year after the date the former certificate expires if the ship meets the requirements
of this Act and the regulations.
Posting of certificates
(3) The owner or master of a ship in respect of which a certificate described in
subsection (1) has been issued shall cause that certificate to be posted on the ship in a
conspicuous place accessible to all persons on board and to remain so posted for so long
as the certificate is in force and the ship is in use.
Extension not exceeding five months
(4) Where a Canadian ship in respect of which any certificate described in subsection
(1) has been issued is absent from Canada at the date when the certificate expires, the
Minister or any person authorized by him for the purpose may, if it appears proper and
reasonable to do so, grant such an extension of the certificate as will allow the ship to
return to Canada, but no extension has effect for a period exceeding five months from that
date.
Extension not exceeding one month
(5) A certificate that has not been extended under subsection (4) may be extended by
the Minister or any person authorized by him for the purpose for a period not exceeding
one month after the date on which it would otherwise expire.
Control of station
351. (1) The operation of the radio station on any vessel shall be
under the control of the master of the vessel.
Right of master to censor messages
(2) The master of a vessel has the right to censor all messages addressed to or
transmitted by a radio station on board his vessel, but he shall not divulge to any
person, other than the properly authorized officials of the Government of Canada or a
competent legal tribunal, or make any use whatever of any message coming to his knowledge
through the exercise of that censorship, nor shall the master or any operator divulge to
any person, other than the properly authorized officials of the Government of Canada or a
competent legal tribunal, or make any use whatever of any message, other than a message of
distress, urgency or safety, coming to his knowledge and not intended for the radio
station.
Secrecy of messages
(3) No message shall be delivered, or its contents divulged, to any person except the
addressee, his accredited agent or such properly authorized persons as are essential for
the forwarding of the message to its destination.
Offence and punishment
(4) Every person who makes use of any message or the contents thereof that has been
delivered or divulged to him in contravention of subsection (3) is guilty of an offence
and liable to a fine not exceeding one hundred dollars and to imprisonment for a term not
exceeding six months.
Countries to which the Load Line Convention applies
352. The Governor in Council if satisfied
(a) that the government of any country has ratified, acceded to or denounced the Load
Line Convention, or
(b) that the Load Line Convention has been applied or has ceased to apply to any
country in pursuance of Article 21 thereof,
may by order in council make a declaration to that effect.
Load Line ships
353. (1) For the purposes of this Part, ships of one hundred and fifty
tons gross tonnage and more that carry cargo or passengers between any place in Canada and
any place not in Canada, or between any places not in Canada, that are not by subsection
(2) or (3) exempted from the provisions of this Part relating to load lines, are hereafter
referred to as "Load Line ships", and Load Line ships that belong to countries
to which the Load Line Convention applies are hereafter referred to as "Load Line
Convention ships".
Fishing ships
(2) The provisions of this Part relating to load lines do not apply to ships engaged
solely in fishing or, subject to section 354, to ships making voyages between Canada and
the United States on any lakes or rivers.
Other ships may be exempted
(3) The Governor in Council may, on such conditions as he thinks fit, exempt from the
provisions of this Part relating to load lines,
(a) any ship plying on international voyages between the near neighbouring places of
two or more countries, if the Governor in Council and the governments of those countries
are satisfied that the sheltered nature and conditions of the voyages make it unreasonable
or impracticable to apply the provisions of this Part relating to load lines to that ship;
and
(b) any ship plying on any voyage not described in paragraph (a) between near
neighbouring places if the Governor in Council is satisfied as to the matters described in
that paragraph.
Application of load line provisions
354. (1) Subject to this section, sections 353 and 355 to 374, in so
far as they are applicable, have effect in respect of ships of one hundred and fifty tons
gross tonnage and more that carry cargo or passengers on voyages from any place in Canada
to any other place in Canada or between Canada and the United States on any lakes or
rivers.
Idem
(2) Subsections 356(1) and (2) apply to ships described in subsection (1) and
constructed before July 1, 1936.
Exemption
(3) The Governor in Council may on such conditions as he thinks fit exempt from the
provisions of this section ships that ply on voyages described in subsection (1) if he is
satisfied that the sheltered nature and conditions of the voyages make it unreasonable or
impracticable to apply the provisions of this section to those ships.
Regulations
(4) The Governor in Council may, in respect of ships employed in making voyages on
lakes or rivers, by regulation,
(a) make applicable to those ships in lieu of the Load Line Rules such rules as in his
opinion may be safe having due regard to all the circumstances; and
(b) make special provision for ships that are not registered in Canada and are not
marked with load lines.
Definition of "proceed to sea"
(5) For the purposes of this section, the expression, "proceed to sea", in
respect of ships employed solely in making voyages on lakes or rivers, in this Part means
proceeding from one place to another place.
Local Load Line Certificate to be issued
(6) A local Load Line Certificate in lieu of a Load Line Convention Certificate
provided for in subsection 359(1) shall be issued for the purposes of ships coming within
the provisions of this section and under like conditions as Load Line Convention
Certificates are issued.
Application
(7) This section does not apply to scows and barges that are not self-propelled and do
not carry passengers or crew.
Load Line Rules
355. The Governor in Council may make such rules as appear to him to
be necessary for the purpose of giving effect to Articles 6 to 10 of the Load Line
Convention and Annex I and Annex II thereto.
Marking of deck line and load lines
356. (1) No Load Line Convention ship registered in Canada, being a
ship constructed after June 30, 1932, shall proceed to sea unless
(a) the ship has been surveyed by a steamship inspector in accordance with the Load
Line Rules;
(b) the ship complies with the conditions of assignment;
(c) the ship is marked on each side with a deck line and load lines mark;
(d) the deck line and load lines are of the description required by the Load Line
Rules, the deck line is in the position required by those Rules and the load lines are of
the number required by such of those Rules as are applicable to the ship; and
(e) the load lines are in the position required by such of the Load Line Rules as are
applicable to the ship.
Ships constructed before 1932
(2) No Load Line Convention ship registered in Canada, being a ship constructed before
July 1, 1932, shall proceed to sea unless
(a) the ship has been surveyed and marked in accordance with paragraphs (1)(a), (c) and
(d);
(b) the ship complies with the conditions of assignment in principle and in detail, in
so far as, in the opinion of the Chairman, is reasonable and practicable having regard to
the efficiency of the protection of openings, the guard rails, the freeing ports and the
means of access to the crew's quarters provided by the arrangements, fittings and
appliances existing on the ship at the time when the ship is first surveyed under this
section; and
(c) the load lines are either in the position required by paragraph (1)(e) or in the
position required by the tables used by the Board of Trade in the United Kingdom on
December 31, 1906 for fixing the position of load lines, subject to such modifications of
those tables and of the application thereof, approved by the Board of Trade under section
438 of the Merchant Shipping Acts, as were in force immediately before July 5, 1930.
Ship proceeding to sea in contravention
(3) Where any ship proceeds or attempts to proceed to sea in contravention of this
section, the master or owner thereof is guilty of an offence and liable to a fine not
exceeding five hundred dollars.
Ship deemed unsafe
(4) Any ship attempting to proceed to sea without being surveyed and marked in
accordance with this section shall be detained until it has been so surveyed and marked,
and any ship that does not comply with the conditions of assignment to the extent required
in its case by this section shall be deemed to be unsafe for the purpose of section 392.
Submergence of load lines
357. (1) A Load Line Convention ship registered in Canada shall not be
so loaded as to submerge the appropriate load lines of the ship beyond the limits of
submergence for that ship as determined under the Load Line Rules.
Offence and punishment
(2) The owner or master of a ship that is loaded in contravention of subsection (1) is
guilty of an offence and liable on summary conviction to a fine not exceeding one thousand
dollars and to an additional fine not exceeding five hundred dollars for each inch or
fraction of an inch by which the appropriate load lines of the ship are submerged beyond
the limits of submergence for that ship.
Defence
(3) In any proceedings against an owner or master in respect of a contravention of this
section, it is a good defence to prove that the contravention was due solely to deviation
or delay, being deviation or delay caused solely by stress of weather or other
circumstances that neither the master nor the owner nor the charterer, if any, could have
prevented or forestalled.
Ships to be detained
(4) Without prejudice to any proceedings under this section, any ship that is loaded in
contravention of this section shall be detained until it ceases to be so loaded.
Miscellaneous offences in relation to marks
358. If
(a) the owner or master of a Load Line ship registered in Canada that has been marked
in accordance with section 356 fails without reasonable cause to keep the ship so marked,
or
(b) any person conceals, removes, alters, defaces or obliterates, or suffers any person
under his control to conceal, remove, alter, deface or obliterate any mark placed on a
ship described in paragraph (a) in accordance with section 356, except with the authority
of a person entitled under the Load Line Rules to authorize the alteration of the mark or
except for the purpose of escaping capture by an enemy,
he is guilty of an offence and liable to a fine not exceeding five hundred
dollars.
Issue of Load Line Certificates and effect thereof
359. (1) Where a Load Line Convention ship registered in Canada has
been surveyed and marked in accordance with section 356 and complies with the conditions
of assignment to the extent required in its case by that section, there shall be issued to
the owner of the ship on his application and on payment of the prescribed fee a Load Line
Convention Certificate.
Issue of certificates
(2) Load Line Convention Certificates, except as otherwise provided in this Act, shall
be issued under the seal of the Minister, when the Chairman is satisfied from reports of
survey that all the provisions of this Act applicable in any particular case have been
complied with, and the certificates shall be registered by the Chairman and shall be
marked to show that they have been so registered.
Certificate issued by another country
(3) The Minister may request the government of a country to which the Load Line
Convention applies to issue a Load Line Convention Certificate in respect of a Load Line
Convention ship registered in Canada, and a certificate issued in pursuance of a request
and containing a statement that it has been so issued has effect for the purposes of this
Part as if it had been issued under the seal of the Minister.
Ship deemed to have been surveyed
(4) Where a valid Load Line Convention Certificate issued pursuant to subsection (3) is
produced in respect of a ship,
(a) the ship shall, for the purpose of this Part, be deemed to have been surveyed in
accordance with this Part; and
(b) if the deck line and load lines on the ship are of the number and description
required by the Load Line Rules and the position of the deckline and load lines
corresponds with the position specified in the Certificate, the ship shall be deemed to be
marked in accordance with this Part.
Certificates may be issued by society for the survey of shipping
360. The Governor in Council may authorize, subject to such conditions
as he may deem fit, any corporation or society for the survey or registry of
shipping, approved by the Minister, to survey ships in respect of load lines, to
assign load lines to ships and to issue Load Line Certificates, and any
certificate so issued has effect in place of the certificate provided for under
section 359.
Duration, renewal and cancellation of certificates
361. (1) Every Load Line Convention Certificate, unless it is renewed
in accordance with subsection (2), expires at the end of such period, not
exceeding five years from the date of its issue, as may be specified therein.
Renewal of certificate
(2) Any Load Line Convention Certificate may, after a survey not less effective
than the survey required by the Load Line Rules before the issue of the
Certificate, be renewed by the authority by which it was granted, for such
period, not exceeding five years on any occasion, as the authority renewing the
certificate thinks fit.
Cancellation of certificate
(3) The Minister shall cancel any Load Line Convention Certificate in force in
respect of a ship, if he believes on reasonable grounds that
(a) material alterations have taken place in the hull or superstructures of the
ship that affect the position of the load lines; or
(b) the fittings and appliances for the protection of openings, the guard rails,
the freeing ports or the means of access to the crew's quarters have not been
maintained on the ship in as effective a condition as they were in when the
Certificate was issued.
Owner to have ship surveyed
(4) The owner of every ship in respect of which a Load Line Convention
Certificate has been issued shall, so long as the certificate remains in force,
cause the ship to be surveyed in the prescribed manner at least once in each
year after the issue of the Certificate for the purpose of seeing whether the
Certificate should remain in force, having regard to subsection (3), and if the
ship is not so surveyed, the Minister shall cancel the Certificate, but if the
Minister thinks fit in any particular case, he may, in respect of the survey of
the ship, extend the period of one year.
Certificate to be delivered up
(5) Where any Load Line Convention Certificate has expired or been cancelled,
the Minister may require the owner or master of the ship to which the
certificate relates to deliver up the certificate as he directs and the ship may
be detained until such requirement has been complied with, and if the owner or
master fails without reasonable cause to comply with such requirement, he is
guilty of an offence and liable to a fine not exceeding fifty dollars.
Ships not to proceed without certificate
362. (1) No Canadian ship, being a Load Line Convention ship, shall
proceed to sea on an international voyage unless there is in force in respect of the ship
a Load Line Convention Certificate.
Master to produce certificate
(2) The master of every Load Line Convention ship registered in Canada shall produce to
the officer of customs, from whom a clearance for the ship is demanded, the certificate
that is required by subsection (1) to be in force when the ship proceeds to sea, and a
clearance shall not be granted, and the ship shall be detained, until that certificate is
produced.
Offence and punishment
(3) The master of every ship that proceeds or attempts to proceed to sea in
contravention of this section is guilty of an offence and liable to a fine not exceeding
five hundred dollars.
Publication of Load Line Certificate and particulars relating to depth of loading
363. (1) When a Load Line Convention Certificate has been issued under
this Part in respect of a Load Line Convention ship registered in Canada,
(a) the owner of the ship shall forthwith on the receipt of the certificate cause it to
be framed and posted up in some conspicuous place on board the ship and to be kept so
framed and posted up and legible so long as the certificate remains in force and the ship
is in use; and
(b) the master of the ship, before making any other entry in any official log-book of
the ship, shall enter therein the particulars respecting the position of the deck line and
load lines specified in the Certificate.
Duties of master before leaving dock
(2) Before any Load Line Convention ship registered in Canada leaves any dock, wharf,
harbour or other place for the purpose of proceeding to sea on any international voyage,
the master thereof shall
(a) enter in the official log-book of the ship such particulars relating to the depth
to which the ship is for the time being loaded as the Governor in Council may by
regulations prescribe; and
(b) cause a notice, in such form and containing such of the particulars referred to in
paragraph (a) as may be required by the regulations, to be posted up in some conspicuous
place on board the ship and to be kept so posted up and legible until the ship arrives at
some other dock, wharf, harbour or place.
Offence and punishment
(3) Where the master or owner of any Load Line Convention ship registered in Canada
fails to comply with this section, he is guilty of an offence and liable to a fine not
exceeding one hundred dollars.
Particulars respecting Load Lines
364. (1) Before an agreement with the crew of any Load Line Convention
ship registered in Canada, in respect of which a Load Line Convention Certificate is in
force, is signed by any member of the crew, the master of the ship shall insert in the
agreement the particulars respecting the position of the deck line and load lines
specified in the Certificate, and if he fails to do so, he is guilty of an offence and
liable to a fine not exceeding one hundred dollars.
Duties of shipping master
(2) In the case of a Load Line Convention ship registered in Canada, being a
foreign-going ship, a shipping master shall not proceed with the engagement of the crew
until
(a) there is produced to him a Load Line Convention Certificate for the time being in
force in respect of the ship; and
(b) he is satisfied that the particulars required by this section have been inserted in
the agreement with the crew.
Load Line Certificates
365. (1) The Minister may, at the request of the government of a
country to which the Load Line Convention applies, cause to be issued a Load Line
Convention Certificate in respect of a Load Line Convention ship of that country if he is
satisfied in like manner as in the case of a Canadian ship that the Certificate can
properly be issued, and where a certificate is issued at such a request, it shall contain
a statement that it has been so issued.
Regulations to determine the validity of certificate
(2) With a view to determining the validity in Canada of certificates purporting to
have been issued in accordance with the Load Line Convention in respect of Load Line
Convention ships not registered in Canada, the Governor in Council may make such
regulations as appear to him to be necessary for the purpose of giving effect to Article
17 of the Load Line Convention, and, for the purpose of the provisions of this Part
relating to Load Line Convention ships not registered in Canada, the expression "a
valid Load Line Convention Certificate" means a certificate that complies with the
regulations that are applicable in the circumstances.
Inspection and control of Convention ships
366. (1) A steamship inspector may go on board any Load Line
Convention ship not registered in Canada that is at a place in Canada for the purpose of
demanding the production of any Load Line Certificate for the time being in force in
respect of the ship.
Limitation of powers of inspector
(2) Where a valid Load Line Convention Certificate is produced to the inspector on
demand, the inspector's powers of inspecting the ship with respect to load line are
limited to seeing
(a) that the ship is not loaded beyond the limits allowed by the Certificate;
(b) that the position of the load lines on the ship corresponds with the position
specified in the Certificate;
(c) that no material alterations have taken place in the hull or superstructures of the
ship that affect the position of the load lines; and
(d) that the fittings and appliances for the protection of openings, the guard-rails,
the freeing ports and the means of access to the crew's quarters have been maintained on
the ship in as effective a condition as they were in when the Certificate was issued.
Ship may be detained
(3) Where it is found on an inspection that the ship is loaded beyond the limits
allowed by the Certificate, the ship may be detained and proceedings may be taken against
the master or owner thereof under the provisions of this Part relating to the submersion
of load lines on ships not registered in Canada.
Load lines not in position specified
(4) Where it is found on an inspection that the load lines of the ship are not in the
position specified in the Certificate, the ship may be detained until the matter has been
rectified to the satisfaction of the inspector.
Alteration of ship
(5) Where it is found on an inspection that the ship has been so materially altered in
respect of the matters referred to in paragraphs (2)(c) and (d) that the ship is
manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed
to be unsafe for the purpose of section 392, but where the ship has been detained under
that section, the Minister shall order the ship to be released as soon as he is satisfied
that the ship is fit to proceed to sea without danger to human life.
Where valid certificate not produced
(6) Where a valid Load Line Convention Certificate is not produced to the inspector on
demand, the inspector has the same power of inspecting the ship, for the purpose of seeing
that the provisions of this Part have been complied with, as if the ship were a Canadian
ship.
Certificates of Convention ships to be produced
367. The master of every Load Line Convention ship not registered in
Canada shall produce a valid Load Line Convention Certificate to the officer of customs
from whom a clearance for the ship from any port in Canada is demanded, and a clearance
shall not be granted, and the ship may be detained, until the Certificate is produced.
Survey, marking and conditions of assignment
368. Section 356 applies to Load Line ships not registered in Canada
proceeding or attempting to proceed to sea from places in Canada, as it applies to Load
Line Convention ships registered in Canada, subject to the following modifications:
(a) section 356 does not apply to a Load Line Convention ship not registered in Canada,
if a valid Load Line Convention Certificate is produced in respect of the ship; and
(b) subject to paragraph (a), a foreign ship that does not comply with the conditions
of assignment to the extent required in its case by section 356 shall be deemed to be
unsafe for the purpose of section 392.
Submersion of load line
369. Section 357 applies to Load Line ships not registered in Canada,
while they are within any port in Canada, as it applies to Load Line ships registered in
Canada, subject to the following modifications:
(a) no Load Line Convention ship shall be detained, and no proceedings shall be taken
against the owner or master thereof, under section 357 except after an inspection by a
steamship inspector as provided in this Part; and
(b) the expression "the appropriate load line", in relation to any ship not
registered in Canada, means
(i) in the case of a Load Line Convention ship in respect of which there is produced on
inspection a valid Load Line Convention Certificate, the Load Line appearing by the
certificate to indicate the maximum depth to which the ship is for the time being entitled
under the Load Line Convention to be loaded, and
(ii) in any other case, the load line that corresponds with the load line indicating
the maximum depth to which the ship is for the time being entitled under the Load Line
Rules to be loaded or, if no load line on the ship so corresponds, the lowest load line
thereon.
Ships registered outside Canada
370. (1) The Minister may cause a Load Line Certificate to be issued,
in a form approved by him, in respect of any Load Line ship registered elsewhere than in
Canada, and not being a Load Line Convention ship, which certificate may be known as a
Special Load Line Certificate.
Special certificates
(2) The provisions of this Act relating to the issue, duration, renewal and
cancellation of Load Line Convention Certificates apply to Special Load Line Certificates.
Effect of special certificates issued in respect of British ships
(3) Where the Minister certifies
(a) that by the law in force in any Commonwealth country other than Canada provision
has been made for the fixing, marking and certifying of load lines on British ships, or
any class or description of British ships, registered in that Commonwealth country, or
(b) that by the law in force in any foreign country provision has been made for the
fixing, marking and certifying of load lines on ships, or any class or description of
ships, registered in that country and has also been so made, or has been agreed to be so
made, for recognizing Load Line Convention Certificates issued in Canada as having the
same effect in ports of that country as certificates issued under that provision,
and that the provision for the fixing, marking and certifying of load
lines is based on the same principles as the corresponding provisions of this Part and is
equally effective, the Governor in Council may direct that Load Line Certificates issued
pursuant to that provision in respect of British ships, or that class or description of
British ships, registered in that Commonwealth country, or in respect of ships, or that
class or description of ships, of that foreign country, as the case may be, have the same
effect for the purpose of this Part as Special Load Line Certificates issued in Canada
pursuant to this section.
Provision applicable
(4) Paragraph (3)(a) applies with respect to any foreign country in which for the time
being Her Majesty has jurisdiction, as if that country were a Commonwealth country.
Certificates to be produced
371. Subject to section 372, the master of every Load Line ship, other
than a Canadian ship or a Load Line Convention ship not registered in Canada, shall
produce to the officer of customs, from whom a clearance for the ship from any port in
Canada is demanded, either a Special Load Line Certificate or a certificate having effect
under this Act as that Certificate, being a certificate for the time being in force in
respect of the ship, and a clearance shall not be granted, and the ship may be detained,
until the certificate is produced.
Minister may authorize clearance
372. The Minister may authorize the clearance of any ship to which
section 371 applies without the certificate therein provided for on the following
conditions:
(a) that only such amount of cargo is carried as in the opinion of a port warden, or
other competent person directed by the Minister to examine the ship, is sufficient to
allow the ship to make a voyage in safety; and
(b) that, in the opinion of a steamship inspector, the hull, boilers, machinery and
equipment of the ship are in good order and sufficient for the voyage contemplated.
Carriage of timber deck cargo
373. (1) The Governor in Council may make regulations, in this section
referred to as the "timber cargo regulations", respecting the conditions on
which timber may be carried as cargo outside Canada in any uncovered space on the deck of
any Load Line ship.
Effect to be given to Convention
(2) The timber cargo regulations shall contain such regulations as appear to the
Governor in Council to be necessary for the purpose of giving effect to paragraph 2 of
Article 6 of the Load Line Convention.
What regulations may prescribe
(3) Subject to subsection (2), the timber cargo regulations may prescribe generally the
conditions on which timber may be carried as deck cargo outside Canada in any Load Line
ship on all voyages or on any particular class of voyages and at all seasons or at any
particular season, and in particular may prescribe the manner and position in which the
timber is to be stowed and the provision that is to be made on the ship for the safety of
the crew.
Inspection by port warden
(4) Where a Load Line ship is about to make a voyage carrying a deck cargo of timber
from Canada, the owner or master shall have the ship inspected by a port warden, or other
person directed thereto in writing by the Minister who shall, if he is satisfied that he
can do so with propriety, give a certificate showing that the ship is suitable for the
carriage of deck cargoes of timber, and that the cargo is properly stowed and secured in
accordance with the timber cargo regulations.
Inspection in absence of port warden
(5) In the absence of a port warden or other person directed by the Minister, the
certificate mentioned in subsection (4) shall be given by the master and deposited with
the chief officer of customs at the port before the ship clears on its voyage, and that
officer shall refuse to clear the ship unless the certificate is deposited with him.
Not to proceed without certificate
(6) No ship described in subsection (4) shall proceed unless it has on board the
certificate mentioned in that subsection, which shall be produced on demand of the chief
officer of customs at any port.
Offence and punishment
(7) For any contravention or attempted contravention of this section, the owner or
master of any ship is guilty of an offence and liable to a fine of not more than
twenty-five hundred dollars and not less than one hundred dollars, but in any proceedings
against a master in respect of a contravention of the timber cargo regulations, it is a
good defence to prove that the contravention was due solely to deviation or delay, the
deviation or delay being caused solely by stress of weather or other circumstances that
neither the master, the owner nor the charterer, if any, could have prevented or
forestalled.
Ships loaded with a timber deck cargo
(8) The regulations made under this section may contain appropriate provisions applying
to any Load Line ship loaded with a timber deck cargo that is at any place in Canada.
Power to amend rules
374. Where any provision of the Load Line Convention to which the
Governor in Council is required by this Part to give effect by any rules or regulations is
amended pursuant to Article 20 of that Convention, the Governor in Council may amend the
rules or regulations accordingly.
Definition of "new ship"
375. (1) For the purposes of this section and section 376, "new
ship" means a ship in excess of seventy-nine feet in length that is not a fishing
vessel or pleasure craft, the keel of which is laid or construction of the hull of which
is commenced on or after April 14, 1973.
Regulations
(2) The Governor in Council may make regulations
(a) to carry out and give effect to the International Convention on Load Lines, 1966,
signed at London on April 5, 1966, as amended in London on October 12, 1971 and November
15, 1979, including any amendments, whenever made, to the Annexes to that Convention;
(b) establishing load line requirements for new ships making voyages between Canada and
the United States on any lake or river or making voyages from any place in Canada to any
other place in Canada;
(c) prescribing special provisions respecting load lines for new ships not registered
in Canada that are proceeding or attempting to proceed to sea from Canada or that are
within any port in Canada;
(d) providing for the application to a ship other than a new ship of regulations made
under this section where such application is requested by or on behalf of the owner of
that ship; and
(e) providing for the inspection of ships to which regulations made under this section
apply and the detention of those ships that do not meet the requirements of such
regulations.
Publication of certain proposed regulations
(2.1) Subject to subsection (2.2), a copy of each regulation that the Governor in
Council proposes to make under paragraph (2)(a) 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.
Exceptions
(2.2) Subsection (2.1) 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 (2.1) apply where the Governor in Council is satisfied
that an emergency situation exists and that compliance with subsection (2.1) would
therefore be prejudicial to the public interest.
Offence and punishment
(3) The owner or master of a ship who contravenes any regulation made under subsection
(2) is guilty of an offence punishable on summary conviction.
Idem
(4) The owner or master of a ship that is loaded so as to submerge the appropriate load
line of the ship beyond the limits of submergence for that ship as determined by
regulations made under subsection (2) is guilty of an offence and liable on summary
conviction to a fine not exceeding one thousand dollars and to an additional fine not
exceeding five hundred dollars for each inch or fraction of an inch by which the
appropriate load line of the ship is submerged beyond the limits of submergence for that
ship.
Application
376. (1) Subject to subsection (2), sections 352 to 374 do not apply
to new ships.
Idem
(2) Section 364 applies, with such modifications as the circumstances require, to new
ships registered in Canada.
Definition of "new ship"
(3) For the purpose of this section, "new ship" includes a ship to which
regulations made under subsection 375(2) are made applicable pursuant to paragraph (d) of
that subsection.
Damage affecting seaworthiness
377. (1) Where a Canadian ship has received any material damage
affecting its seaworthiness or its efficiency, either in its hull, machinery or equipment,
the owner or master shall, as soon as possible, forward a report to the Chairman, giving
full particulars in the matter, and the ship shall not go from any place in Canada until
it has been put in good seaworthy condition to the satisfaction of a steamship inspector
with respect to the hull, machinery or equipment, as the case may be.
Alteration of hull, equipment or machinery
(2) Where, in the case of any Canadian ship, any part of the hull, equipment or
machinery has been altered or renewed so as to affect its compliance with the regulations
made under this Part, in accordance with which any certificate has been issued in respect
of the ship, the owner or master shall forthwith report the matter to the Chairman, and
the ship shall not go from any place in Canada until it has been re-inspected and a
certificate issued in accordance with the conditions found to exist.
Failure to report
(3) If the owner or master of a ship fails, without reasonable cause, to report to the
Chairman as required under this section, the master shall be deemed to be guilty of
misconduct, and the owner is guilty of an offence and liable to a fine of not more than
five hundred dollars and not less than fifty dollars, and if the ship goes on any voyage
it shall be deemed to be making a voyage without having a certificate, or certificates, as
may be required under this Part.
Application of this section
(4) This section has effect in respect of any Canadian ship that is at a port outside
Canada, except that where it would be impracticable or unreasonable to have the ship
inspected by a steamship inspector, the inspection may be postponed until the ship returns
to Canada, but the master of the ship is not relieved from the obligation of putting the
ship in good seaworthy condition for any contemplated voyage with respect to the hull,
machinery or equipment, as the case may be.
Ships registered elsewhere
(5) This section applies to every ship registered elsewhere than in Canada with respect
to which any certificate has been issued under this Part.
False report
378. Every person who knowingly and wilfully makes or assists in
making, or procures to be made, a false or fraudulent report of inspection or survey with
the object of having issued in respect of any ship any certificate provided for under this
Part, or forges or assists in forging, or procures to be forged, fraudulently alters,
assists in fraudulently altering, or procures to be fraudulently altered, any such report
or certificate, or anything contained in, or any signature to, such report or certificate,
is guilty of an indictable offence and liable to a fine not exceeding five hundred dollars
or to imprisonment for a term not exceeding six months or to both.
Tampering with safety valves
379. Every owner, master or engineer of a steamship who alters or
deals with the safety valves, or allows them to be altered or dealt with, whereby a
greater pressure of steam may be obtained on a boiler than the pressure allowed by the
inspector who last inspected the boilers of the steamship is guilty of an offence and
liable to a fine of not more than one hundred dollars and not less than fifty dollars,
and, in the case of an engineer, is liable to have his certificate suspended.
379.1 (1) The Minister may, on application, designate
(a) ships or classes of ships as special purpose ships; and
(b) persons or classes of persons on board special purpose ships as special purpose
personnel.
(2) The Governor in Council may make regulations respecting
(a) the operation of special purpose ships; and
(b) the function, role and activities of special purpose personnel on board special
purpose ships.
Regulations respecting safety
380. (1) The Governor in Council may make regulations in respect of
passenger steamships registered in Canada, requiring
(a) that hinged watertight doors and other appliances for closing openings in
watertight bulkheads, side scuttles, gangway doors and like appliances shall be closed
before a steamship proceeds to sea, and shall be kept closed while the steamship is at
sea;
(b) that watertight doors shall be kept closed while a steamship is at sea, other than
when it may be necessary for the working of the ship to have them open;
(c) that ash chutes, rubbish chutes, or similar appliances shall be kept securely
closed except when in use;
(d) that there shall be periodic drills of the opening and closing of watertight doors
and periodic inspections of those doors and other appliances fitted in watertight
bulkheads;
(e) that there shall be periodic boat and fire drills;
(f) that the master of a steamship shall keep a record, entered in the official
log-book of the steamship where an official log-book is required to be kept, or in the
agreement with the crew where an official log-book is not required to be kept, of
(i) the time of opening and closing of watertight doors or other appliances required to
be kept closed at sea,
(ii) the time of opening and closing of watertight doors that may be required to be
opened at sea for the working of a steamship,
(iii) every occasion on which watertight doors are opened, closed or inspected and on
which boat drills take place, and
(iv) every occasion on which boat drills or fire-drills are practised and every
occasion when life-saving appliances and fire-extinguishing equipment are examined to see
that they have been maintained in the same condition as when the certificate of inspection
was issued and if the drills are not practised or the examinations are not made in
accordance with the regulations, the reason therefor;
(g) that specific duties to be carried out by each member of the crew in an emergency
shall be assigned; and
(h) that an efficient fire patrol system shall be maintained when passengers are on
board.
Provisions of Safety Convention
(2) The regulations made under this section shall provide that the provisions of the
Safety Convention relating to watertight doors and other contrivances shall be complied
with in every passenger ship registered in Canada that carries more than twelve passengers
on an international voyage.
Offence and punishment
(3) If any regulations made under this section are contravened, the master is guilty of
an offence and liable to a fine not exceeding five hundred dollars.
Information to be sent respecting dangers to navigation
381. (1) The master of any Canadian ship on meeting with dangerous
ice, a dangerous derelict or other direct dangers to navigation, a tropical storm, winds
of a force of ten or more on the Beaufort scale for which no storm warning has been
received or subfreezing air temperatures associated with gale force winds and causing
severe ice accretion on the superstructure of his ship shall, in the manner prescribed by
the regulations, send information thereof to all ships in the vicinity and to such
authorities on shore as may be prescribed by the regulations.
Failure to comply
(2) If the master of a ship fails to comply with this section, or with the regulations
made thereunder, he is guilty of an offence and liable to a fine not exceeding two hundred
and fifty dollars.
Abstention from transmission of messages
(3) Every person in charge of a radio station in Canada or on board any Canadian ship
shall, on receiving the signal prescribed in the regulations for indicating that a message
is about to be sent under this section, refrain from sending messages for a time
sufficient to allow other stations to receive the message, and if so required by the
Minister shall transmit the message in such a manner as may be required by the Minister,
and compliance with this section shall be deemed to be a condition of every licence
granted by the Minister under this Act and of every radio licence issued by the Minister
of Industry under the Radiocommunication Act.
Definition of "tropical storm"
(4) For the purposes of this section, a "tropical storm" means a hurricane,
typhoon, cyclone or other storm of a similar nature, and a master of a ship shall be
deemed to have met with a tropical storm if he has reason to believe there is such a storm
in the vicinity.
Transmission of messages to be free
(5) The transmission of messages pursuant to this section shall be free of cost to the
steamships concerned, and any expense for the transmission of those messages that would,
but for this provision, fall on the ship, shall, in so far as they are not otherwise
defrayed, be defrayed out of moneys provided by Parliament.
Signals
382. (1) The Governor in Council may make regulations with respect to
what signals shall be signals of distress and urgency, and the signals prescribed by the
regulations shall be deemed to be signals of distress and urgency.
What regulations shall prescribe
(2) Regulations made under subsection (1) shall prescribe, in so far as is necessary
and expedient, the circumstances in which, and the purposes for which, any signals
prescribed by those regulations are to be used, the circumstances in which they are to be
revoked and the speed at which any message sent by radio-telegraphy in connection with a
signal is to be transmitted, and those regulations shall make such provision as appears to
the Governor in Council to be necessary for the purpose of giving effect to Regulation 9
of Chapter V of the Safety Convention in so far as it relates to misuse of distress
signals.
Displaying signals contrary to provisions
(3) If a master of a ship uses or displays, or causes or permits any person under his
authority to use or display,
(a) any signal prescribed by regulations made under this section, except in the
circumstances and for the purposes prescribed by those regulations, or
(b) any private signal, whether registered or not, that is liable to be mistaken for
any signal so prescribed,
he is guilty of an offence and liable to a fine not exceeding two hundred
and fifty dollars and is further liable to pay compensation for any labour undertaken,
risk incurred or loss sustained, in consequence of the signal having been supposed to be a
signal of distress or urgency, and that compensation may, without prejudice to any other
remedy, be recovered in the same manner in which salvage is recoverable.
Special signals registered
383. (1) Where the owner of a ship desires to use for the purposes of
a private code any rockets, lights or other similar signals that are not such as are
liable to be mistaken for a signal of distress or urgency, he may register those signals
with the Minister who shall give proper notice of the signals so registered.
Refusal by Minister
(2) The Minister may refuse to register any signals that, in his opinion, cannot easily
be distinguished from signals of distress, signals for pilots, signals of urgency or
signals prescribed for indicating that a message is about to be sent relating to a danger.
Effect of registration
(3) The registration of any signal does not relieve any person from the obligations of
complying with section 382.
Answering distress signal
384. (1) The master of a Canadian ship at sea, on receiving a signal
from any source that a ship or aircraft or survival craft thereof is in distress, shall
proceed with all speed to the assistance of the persons in distress informing them if
possible that he is doing so, but if he is unable or, in the special circumstances of the
case, considers it unreasonable or unnecessary to proceed to their assistance, he shall
enter in the official log-book of the ship the reason for failing to proceed to the
assistance of those persons.
Ships requisitioned
(2) The master of any ship in distress may, after consultation, in so far as possible,
with the masters of the ships that answer his distress signal, requisition one or more of
those ships that he considers best able to render assistance, and it is the duty of the
master of any Canadian ship that is so requisitioned to comply with the requisition by
continuing to proceed with all speed to the assistance of the ship in distress.
Release from obligation
(3) The master of a ship shall be released from the obligation imposed by subsection
(1) when he learns that one or more ships other than his own have been requisitioned and
are complying with the requisition.
Further release
(4) The master of a ship shall be released from the obligation imposed by subsection
(1), and, if his ship has been requisitioned, from the obligation imposed by subsection
(2), if he is informed by the persons in the ship in distress or by the master of another
ship that has reached those persons that assistance is no longer necessary.
Offence and punishment
(5) If the master of a Canadian ship contravenes this section he is guilty of an
indictable offence and liable to a fine not exceeding five hundred dollars or to
imprisonment for a term not exceeding one year.
Right to salvage
(6) Nothing in this section affects the provisions of section 451 and compliance by the
master of a ship with this section does not affect his right, or the right of any other
person, to salvage.
Designation of rescue coordinators
385. (1) The Minister of Fisheries and Oceans may designate
persons, to be known as rescue coordinators, to organize search and rescue
operations in Canadian waters and on the high seas off the coasts of Canada.
Power of rescue coordinators
(2) On being informed that a vessel or aircraft or survival craft thereof 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 it may be in distress, a rescue coordinator may
(a) order all vessels within an area specified by him to report their positions to him;
(b) order any vessel to take part in a search for that vessel, aircraft or survival
craft or to otherwise render assistance; and
(c) give such other orders as he deems necessary to carry out search and rescue
operations for that vessel, aircraft or survival craft.
Offence and punishment
(3) Every master or person in charge of a vessel in Canadian waters or a Canadian
vessel on the high seas off the coasts of Canada who fails to comply with an order given
by a rescue coordinator or a person acting under his direction is guilty of an offence and
liable on summary conviction to a fine not exceeding five hundred dollars or to
imprisonment for a term not exceeding six months or to both.
Defence
(4) No master or person in charge of a vessel shall be convicted of an offence under
subsection (3) if he establishes that compliance with an order of a rescue coordinator or
person acting under the direction thereof would have exposed his vessel or tow or persons
on board it to serious danger.
When ice is reported
386. (1) The master of a Canadian ship, when ice is reported to be on
or near his course, shall at night either proceed at a moderate speed or change his course
so as to keep amply clear of the ice reported, and of the area of danger.
Offence and punishment
(2) If the master of a ship contravenes this section, he is guilty of an offence and
liable to a fine not exceeding five hundred dollars.
Helm orders
387. (1) No person on any Canadian ship shall, when the ship is going
ahead,
(a) give a helm or steering order containing the word "starboard" or
"right", or any equivalent of "starboard" or "right", unless
he intends that the head of the ship shall move to the right; or
(b) give a helm or steering order containing the word "port" or
"left", or any equivalent of "port" or "left", unless he
intends that the head of the ship shall move to the left.
Regulations
(2) The Governor in Council may make such regulations in respect of the arrangement of
steering wheels, indicators or tell-tales, as may, in his opinion, be necessary to carry
out the intent of this section.
Offence and punishment
(3) Every person who contravenes subsection (1) or any regulation made under this
section is guilty of an offence and liable to a fine not exceeding two hundred and fifty
dollars and in default of payment to imprisonment for any term not exceeding one month.
Notice of intended routes
388. (1) The owner of any line of passenger steamships registered in
Canada, crossing the North Atlantic from or to any port in Canada by regular routes, shall
give public notice, in such manner as the Minister may direct, of the proposed routes that
ships belonging to the line shall follow, and of any changes that may be made in those
routes.
Offence and punishment
(2) An owner described in subsection (1) who fails, without reasonable cause, to comply
with this section is guilty of an offence and liable to a fine not exceeding one hundred
dollars.
Regulations
389. (1) The Governor in Council may, by regulation, declare that any
goods, articles or materials to be carried in a ship are dangerous goods, and may
prescribe
(a) the method of packing and stowing those goods;
(b) the quantity of those goods that may be carried in any ship;
(c) the place or places within a ship in which they may be carried;
(d) the marking that is to be placed on any package or container in which those goods
may be placed for shipment;
(e) the precautions to be taken by persons engaged in the loading, unloading or stowing
of those goods;
(f) the precautions to be taken by persons on or in the vicinity of any ship loading,
unloading or carrying those goods;
(g) the powers of a steamship inspector in respect of any ship loading, unloading or
stowing those goods; and
(h) such other requirement respecting the inspection of a ship carrying those goods as
he deems necessary.
Dangerous goods not to be carried
(2) No person shall send or attempt to send by or carry or attempt to carry in any
Canadian ship, except in accordance with the regulations made pursuant to subsection (1),
as cargo or ballast, any dangerous goods, but this subsection does not apply to ships'
distress signals or to the carriage of military stores for the public service under
conditions authorized by the Minister.
Total prohibitions
(2.1) The Governor in Council may make regulations prohibiting the carriage by Canadian
ships of goods specified in the regulations.
Directions or prohibitions by Board of
Steamship Inspection
(2.2) Where the Board considers it to be necessary for the protection of public safety,
property or the environment in any case not provided for by regulations made under
subsection (1) or (2.1), the Board may, subject to any regulations made pursuant to
subsection (2.3), give to any person engaged in sending or carrying goods considered
dangerous by the Board, in any Canadian ship, directions to cease any such activity or to
carry it on in the manner directed.
Regulations
(2.3) The Governor in Council may make regulations providing for the notification of
persons directed to do anything under subsection (2.2) and for the effect, duration and
appeal or review of the directions and for any matters incidental thereto.
Sending dangerous goods
(3) No person shall send or attempt to send by, or, if he is not the master or owner of
a ship, carry or attempt to carry in any Canadian ship any dangerous goods without
distinctly marking their nature on the outside of the package containing the goods, in
accordance with such regulations as the Governor in Council may make, and giving written
notice of the nature of the goods and of the name and address of the sender thereof to the
master or owner of a ship at or before the time of sending the goods to be taken on board
the ship.
Refusal to take on board
(4) The master or owner of any Canadian ship may refuse to take on board any package or
parcel that he suspects contains goods of a dangerous nature, and may require the package
or parcel to be opened to ascertain the fact.
Goods may be thrown overboard
(5) When any dangerous goods or any goods that, in the judgment of the master or owner,
are dangerous goods are sent on board any Canadian ship contrary to this section, the
goods may be thrown overboard, and neither the master nor the owner of the ship is, in
respect of the throwing overboard of those goods, subject to any liability, civil or
criminal, in any court.
Goods on board in contravention of regulations or a direction of the Board
(6) Where any ship has on board any goods in contravention of any regulations made
under this section or of a direction given by the Board under subsection (2.2), the ship
is liable to detention in accordance with section 392.
Offence and punishment
(7) Every person who contravenes subsection (2) or (3) is guilty of an offence and
liable
(a) on summary conviction, to a fine not exceeding ten thousand dollars; or
(b) on conviction on indictment, to imprisonment for a term not exceeding one year.
Idem
(7.1) Every person who contravenes
(a) a regulation made under subsection (2.1), or
(b) a direction given by the Board under subsection (2.2) of which he has been notified
in accordance with regulations made under subsection (2.3) or, in the absence of such
regulations, of which he has received notification,
is guilty of an offence and liable
(c) on summary conviction, to a fine not exceeding fifty thousand dollars for a first
offence and not exceeding one hundred thousand dollars for each subsequent offence, or
(d) on conviction on indictment, to imprisonment for a term not exceeding two years.
Time limit for prosecutions
(7.2) Proceedings by way of summary conviction in respect of an offence under this
section may be instituted at any time within but not later than two years after the time
when the subject-matter of the proceedings arose.
Consent of Minister
(8) No prosecution under this section shall be instituted except by or with the consent
of the Minister.
Application of section
(9) This section and the regulations made thereunder apply to all ships in Canadian
waters and to Canadian ships in all waters.
Goods may be forfeited by order of the court
390. When any dangerous goods are sent, or attempted to be sent or
carried, or attempted to be carried, on board any Canadian ship contrary to section 389,
the Admiralty Court, on application by, or on behalf of the owner, charterer or master of
the ship, may declare the goods forfeited and direct that they be disposed of as the Court
directs.
Obligation to secure seaworthiness
391. (1) In every contract of service, express or implied, between the
owner of a ship and the master or any seaman thereof, and in every instrument of
apprenticeship whereby any person is bound to serve as an apprentice on board any ship,
there shall be implied, notwithstanding any agreement to the contrary, an obligation on
the owner of the ship, that the owner, the master and every agent charged with the loading
of the ship, the preparing of the ship for sea or the sending of the ship to sea shall use
all reasonable means to ensure the seaworthiness of the ship for the voyage at the time
when the voyage commences and to keep the ship in a seaworthy condition during the voyage.
Exception
(2) Nothing in this section subjects the owner of a ship to any liability by reason of
the ship being sent to sea in an unseaworthy state where, owing to special circumstances,
the sending of the ship to sea in that state was reasonable and justifiable.
Survey of ships alleged by seamen to be unseaworthy
(3) Whenever in any proceeding against any seaman or apprentice belonging to any
Canadian ship for the offence of desertion or absence without leave, or for otherwise
being absent from his ship without leave, it is alleged by one-fourth, or if their number
exceeds twenty by not less than five, of the seamen belonging to the ship that the ship is
by reason of unseaworthiness, overloading, improper loading, defective equipment or for
any other reason not in a fit condition to proceed to sea, or that the accommodation in
the ship is insufficient, the court having cognizance of the case shall take such means as
may be in its power to satisfy itself concerning the truth of the allegation, and shall
for that purpose receive the evidence of the persons making the allegation, and may summon
any other witnesses whose evidence it may think it desirable to hear, and shall, if
satisfied that the allegation is groundless, adjudicate in the case, but if not so
satisfied shall before adjudication cause the ship to be surveyed.
Seamen charged with desertion
(4) A seaman or apprentice charged with desertion, or with quitting his ship without
leave, does not have any right to apply for a survey under this section unless he has
before quitting his ship complained to the master of the circumstances alleged in
justification.
Survey ordered by court
(5) For the purposes of subsection (3), the court shall require any surveyor of ships,
or any person appointed for the purpose by the Minister, or, if such a surveyor or person
cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the
court, competent to deal with the special circumstances of the case, any other impartial
surveyor appointed by the court, and having no interest in the ship, its freight or cargo,
to survey the ship and to answer any question concerning it that the court may think fit
to put.
Survey and report
(6) The surveyor or other person referred to in subsection (5) shall survey the ship
and make his written report to the court, including an answer to every question put to him
by the court, and the court shall cause the report to be communicated to the parties, and,
unless the opinions expressed in the report are proved to the satisfaction of the court to
be erroneous, shall determine the questions before it in accordance with those opinions.
Powers of surveyor
(7) Any person making a survey under this section has, for the purposes thereof, all
the powers of a steamship inspector.
Costs
(8) The costs, if any, of the survey shall be determined by the court.
On complainant
(9) Where it is proved that the ship is in a fit condition to proceed to sea, or that
the accommodation is sufficient, as the case may be, the costs of the survey shall be paid
by the person on whose demand or in consequence of whose allegation the survey was made,
and may be deducted by the master or owner out of the wages due or to become due to that
person.
On master or owner
(10) Where it is proved that the ship is not in a fit condition to proceed to sea, or
that the accommodation is insufficient, as the case may be, the master or owner of the
ship shall pay the costs of the survey, and is liable to pay to the seaman or apprentice,
who has been detained in consequence of the proceeding before the court under this
section, such compensation for his detention as the court may award.
Unseaworthy ships to be detained
392. (1) Where, on complaint made to him pursuant to this section and
sections 393 to 396 or without any complaint, chief officer of customs at any port in
Canada believes on reasonable grounds that any ship at a port or place in Canada is an
unsafe ship by reason of the defective condition of its hull, equipment or machinery, or
by reason of undermanning, overloading or improper loading, and is unfit to proceed to sea
or to make any voyage or trip, without serious danger to life, that officer shall detain
the ship until he is satisfied that it is a safe ship.
Ship to be inspected
(2) Where any ship is detained under this section, the officer of customs who detained
it may, before releasing the ship, demand that the owner or master have the ship inspected
by a steamship inspector for any defects believed to exist, or by a port warden or other
competent person named by the Minister in a case where overloading or improper loading is
believed to exist.
Inspector may be accompanied
(3) The owner or master may require that a person whom he may choose shall accompany
the person making the inspection under this section.
Report to chief officer of customs
(4) The steamship inspector, port warden or other person named by the Minister, who
makes the inspection under this section, shall report fully to the officer of customs who
has detained a ship under this section, and the officer shall report fully to the
Minister, setting out all the particulars with respect to the detention, and his report
shall be accompanied by a copy of the report of the steamship inspector, port warden or
other person who has made the inspection.
Report to be in writing
393. Any complaint in respect of the seaworthiness of a ship shall be
in writing, stating the name and address of the complainant, and a copy of the complaint,
including the name and address of the complainant, shall be given to the owner or master
of the ship at the time of detention if the ship is detained.
If complaint of a trivial nature
394. Before a ship is detained under section 392, an officer of
customs shall assure himself by all means at his disposal that the complaint is not of a
trivial or vexatious nature, and if the officer thinks fit to do so, he may exact from the
complainant a deposit of money to defray the expenses of inspection and to pay any loss
that may be sustained by the owner on account of the detention of the ship, or he may
exact such security for the payment of such expenses or loss as he deems sufficient.
Unsuccessful complainant to pay costs
395. (1) Where, on inspection, it is determined that any ship detained
under section 392 was not an unseaworthy ship, the expenses in connection with the
inspection shall be paid to the Minister by the person making the complaint, and the
payment does not prejudice any right of suit or action against the complainant by any
persons aggrieved by the complaint.
Complaint by members of crew
(2) The provisions of this section in respect of payment of the cost of inspection do
not have effect where complaint is made by members of the crew of the ship complained of
if, in the opinion of the Minister, the complaint was not vexatious.
Expenses if complaint founded
396. Where, on inspection, it is found that any complaint in respect
of an unseaworthy ship was well founded, any expenses in connection with the inspection
shall be paid by the owner, and the ship shall not be released until the expenses are
paid.
Appeal to Admiralty Court
397. (1) Any owner who is dissatisfied with the decision of any person
who makes inspection under section 392 may appeal to the Admiralty Court and that Court
may, if it thinks fit, appoint a competent person or persons to inspect the ship anew.
Order by the Court
(2) On an appeal under subsection (1), the Court may make such order with respect to
the detention or discharge of the ship, with respect to the payment, whether by the Crown
or otherwise, of any costs or damages incurred by its detention and with respect to the
payment of the expenses of the original inspection and of the inspection anew, as to the
Court seems just.
Inspector may board ship
398. Any person who makes an inspection under section 392 or 397 may,
in the execution of his duty, go on board any ship at all reasonable times and inspect the
ship or any part thereof, any of the equipment, cargo or articles on board the ship or the
certificate of registry of the ship, and if that person considers it necessary to do so,
he may require the ship to be so dealt with that he may be able to inspect every part of
the hull, but he shall not for that inspection unnecessarily detain or delay a ship in
proceeding on a voyage.
Regulations
399. (1) The Governor in Council may make regulations for the
protection against accident of persons employed on ships and in the loading or unloading
of ships, and without restricting the generality of the foregoing, may make regulations
(a) prescribing the standards for protective clothing and equipment to be used by
persons so employed and respecting the use of and the responsibility for providing that
clothing and equipment;
(b) respecting the ventilation and temperature of places in which those persons are
employed and prescribing the minimum amount of space in which those persons may be
required to work;
(c) respecting the guarding and fencing of machinery, equipment, wharfs and decks and
openings through decks and the responsibility for providing safe gangways and stagings;
(d) respecting the illumination of holds and decks of ships and docks or wharfs at
which ships are berthed;
(e) respecting the strength of machinery, tackle and gear, their fitness for the
purpose for which they are intended and the manner of their use and operation;
(f) respecting the protection of persons so employed from fire and explosion; and
(g) respecting first-aid facilities, the provision of first-aid training and the
services of first-aid attendants.
Application of regulations
(1.1) Regulations made under this section may apply, if they so state, in respect of
any ship as defined in Part XV but in no case does a regulation made under this section
apply to ships capable of engaging in the drilling for, or the production, conservation or
processing of, oil or gas unless the regulation so states and was made on the joint
recommendation of the Minister and the Minister of Natural Resources.
Meaning of "oil" and "gas"
(1.2) For the purposes of subsection (1.1), the words "oil" and
"gas" have the same meanings as in the Oil and Gas Production and Conservation
Act.
Offence and punishment
(2) Every person who contravenes any regulation made under this section is guilty of an
offence punishable on summary conviction.
Inspectors of ships' tackle
400. (1) The Governor in Council may appoint at such places in Canada
as he deems advisable one or more persons to inspect ships' tackle and to supervise to
such extent as may be necessary for the protection of those employed therein the work of
loading and unloading of ships.
Inspectors and Chairman
(2) Persons appointed under subsection (1) shall be known as Inspectors of Ships'
Tackle, and they shall perform their duties under the direction of the Chairman and in
accordance with such regulations as may be made by the Governor in Council.
Marking of heavy packages or objects
401. (1) No person shall in Canada consign to be loaded on any ship,
and no master, owner or agent of any ship shall in Canada cause or permit to be loaded on
any ship, any package or object of a gross weight of two thousand two hundred and forty
pounds or over without causing its weight to be plainly and durably marked on the outside
of the package or object, but in the case of a package or object of such a character that
its exact weight would be difficult to ascertain, an approximate weight may be so marked
accompanied by the word "approximate" or any reasonable abbreviation thereof.
Offence and punishment
(2) Every person who fails to comply with this section is guilty of an offence and
liable to a fine not exceeding one hundred dollars.
Powers of Inspectors
402. (1) An Inspector of Ships' Tackle may in the exercise of his
duties
(a) go at all reasonable times on board any ship or on any wharf or dock at which any
ship is, for the purpose of loading or unloading, alongside; and
(b) demand from the owner or master of the ship or from the person in charge of the
loading or unloading thereof reasonable assistance and pertinent information.
Offence and punishment
(2) Any person who impedes, obstructs or prevents any Inspector of Ships' Tackle in the
exercise of his duties, or refuses him reasonable assistance or full and truthful answer
to any pertinent question put with relation to any machinery or tackle or to any accident,
is guilty of an offence and liable to a fine of not more than one hundred dollars and not
less than fifty dollars.
Cessation of loading or unloading
403. (1) Where any Inspector of Ships' Tackle
(a) is of opinion that any person employed in the loading or unloading of any ship is
exposed to undue risk on account of the condition of any machinery, tackle, stagings or
the like or on account of the way in which the operation is being carried on, or
(b) finds that any regulations that the Governor in Council has made in respect of the
loading or unloading of ships are not being complied with,
he shall order, orally or otherwise, the owner, master and other person in
charge of the loading or unloading of the ship or to any of them, to cease the operation
of loading or unloading the ship.
Offence and punishment
(2) If any person who is ordered to cease the operation of loading or unloading
continues the operation or allows it to be continued, he is guilty of an offence and
liable to a fine of not more than five hundred dollars and not less than one hundred
dollars.
Suitable gangway to be provided
404. (1) The master of every ship carrying passengers shall, on
stopping at any wharf, dock or landing place for the purpose of putting passengers ashore
or taking them on board, provide a suitable gangway, properly secured to the ship, for the
safe and convenient transit of passengers, and shall cause to be fixed to that gangway at
night good and sufficient lights.
Lights on wharf
(2) The owner or occupier of every dock, wharf or landing place at which passengers are
put on shore or taken on board shall, at night, cause to be shown conspicuously on that
dock, wharf or landing place, at every angle or turn thereof, during the whole of the time
that any ship is approaching, or alongside, good and sufficient lights.
Offence and punishment
(3) Every person who fails to comply with this section is guilty of an offence and
liable to a fine of not more than fifty dollars and not less than twenty dollars.
Regulations affecting pleasure crafts
405. (1) Subject to subsection (2), pleasure crafts are exempt from
annual inspection and from the regulations made under section 338 other than those
regulations respecting
(a) the construction of equipment and the class and quantity of various types of
equipment to be carried;
(b) precautions against fire;
(c) the construction of hulls;
(d) marking to show recommended safe limits for engine power and gross load capacity;
(e) the construction and installation of machinery; and
(f) propelling power, steering capability and position controlling arrangements.
Inspection of boilers
(2) Every pleasure craft in excess of five tons gross tonnage that is fitted with a
boiler for purposes of propulsion is subject to the requirements of this Part relating to
the annual inspection of boilers.
Regulations respecting pleasure crafts
(3) The Governor in Council may make regulations respecting the identification of hulls
of pleasure crafts.
Exemption from regulations
406. Steamships not in excess of 15 tons gross tonnage that do not
carry more than 12 passengers and that are not pleasure craft are exempt from annual
inspection and from the regulations made under section 338, other than those respecting
(a) the construction of equipment and the class and quantity of various types of
equipment to be carried;
(b) precautions against fire;
(c) the construction of hulls;
(d) marking to show recommended safe limits for engine power and gross load capacity;
(e) the construction and installation of machinery; and
(f) propelling power, steering capability and position controlling arrangements.
Exemption from this Part
407. (1) Steamships in excess of fifteen tons gross tonnage but not in
excess of one hundred and fifty tons gross tonnage that are not passenger steamships are
exempt from the provisions of this Part relating to annual inspection and instead shall be
inspected every fourth year.
Inspection of boilers, etc.
(2) Steamships described in subsection (1), if fitted with a boiler operating at a
pressure in excess of 103 kPa, are, in addition to such inspection every fourth year,
subject to annual inspection of their boilers, life-saving equipment and systems for
precautions against fire, in like manner and as if they were steamships in excess of one
hundred and fifty tons gross tonnage.
Idem
(3) Steamships not in excess of fifteen tons gross tonnage that are not passenger
steamships are exempt from the provisions of this Part relating to annual inspection,
except that such steamships, if fitted with a boiler operating at a pressure in excess of
103 kPa, are subject to inspection of their boilers, life-saving equipment and systems for
precautions against fire as provided in subsection (2).
Fees
408. (1) The Governor in Council may fix a fee to be paid yearly or
quadrennially in respect of inspections made quadrennially by the owner of every Canadian
ship that is required to have a certificate of inspection or a Load Line Certificate under
this Part.
Amount and how paid
(2) The amount of the fee shall, in each case, be paid at such times and in such manner
and to such officers as the Governor in Council may direct, and shall be paid into the
Consolidated Revenue Fund.
Fees to be paid
(3) A certificate shall not be issued under this Part to any Canadian ship until the
fees applicable in the case for the current year have been paid.
Regulations respecting scale of fees and collection thereof
(4) The Governor in Council may make regulations for the establishment of a scale of
fees and the collection thereof, for examining plans of ships, their machinery and
equipment, for the inspection of steamships, their machinery and equipment during
construction, for assigning and marking Load Lines, for the testing of material, and for
such other examinations and inspection under this Part as he may deem fit.
Production of certificates
409. The chief officer of customs at any place shall demand of the
owner or master of every ship entered, cleared or otherwise officially dealt with by him,
the production of every certificate required under this Part to be held in respect of the
ship, and where any certificate is not produced, the officer shall detain the ship until
the certificate is produced and until any fine imposed on the ship, its master or owner
under this Part or the regulations is paid.
Notice of non-compliance
410. Whenever a steamship inspector gives notice in writing to an
officer of customs at a port that any of the provisions of this Part, or any order in
council made thereunder, have not been fully complied with in respect of any ship, or that
any ship in respect of its hull, machinery or equipment has, in the opinion of the
inspector, become unseaworthy, the chief officer of customs at that port shall detain that
ship until he receives notice in writing from the inspector concerned that he may release
the ship.
Preventing contravention of this Part
411. (1) A chief officer of customs at any place, or other person
directed thereto by the Minister, may take action, by detention of a ship, or by other
reasonable and appropriate means at his disposal, to prevent any contravention of any of
the provisions of this Part.
Chief officer may go on board, etc.
(2) For the purposes of this section, a chief officer of customs or other person, in
the discharge of his duty, may go on board any ship, make any examination that he deems
fit and ask any pertinent question of, and demand all reasonable assistance from, the
owner or master or any person in charge thereof, or appearing to be in charge.
Impeding inspector or chief officer of customs
412. Any person who impedes, prevents, obstructs or resists any
steamship inspector, chief officer of customs or other person acting with the written
authority of the Minister in the performance of any duty under any of the provisions of
this Part, or of any order in council made thereunder, who refuses to answer any pertinent
question put to him or who falsely answers any such question, or who refuses to give
assistance to the steamship inspector, chief officer of customs or other person in the
discharge of his duty, is guilty of an offence and liable to a fine of not more than five
hundred dollars and not less than fifty dollars or to imprisonment for a term not
exceeding three months or to both fine and imprisonment.
Removing ship
413. Any person who knowingly removes, or causes to be removed, or is
a party to removing any ship that has been running in contravention of any of the
provisions of this Part or of any order in council made thereunder, and has been detained
by any chief officer of customs, or by a steamship inspector or other person thereunto
directed in writing by the Minister, is guilty of an offence and liable to a fine of not
more than five hundred dollars and not less than fifty dollars, or to imprisonment for a
term not exceeding six months.
Provisions respecting rules and regulations
414. (1) Notwithstanding any rules or regulations made pursuant to
this Act for the purpose of giving effect to, or implementing, any provision of the Safety
Convention or Load Line Convention that requires a particular fitting, appliance or
apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision
to be made in a ship, the Chairman may allow any other fitting, appliance or apparatus, or
type thereof, to be fitted or carried, or any other provision to be made if he is
satisfied that other fitting, appliance or apparatus, or type thereof, or provision, is at
least as effective as that required by the Convention.
Authority to the Governor in Council to make rules and regulations
(2) Where under this Act the Governor in Council is empowered to make such regulations
or rules as appear to him to be necessary for the purpose of giving effect to any of the
provisions of the Safety Convention or Load Line Convention, the requirement shall, in the
case of a provision the terms of which are such as to vest in the several governments that
are parties to the Convention a discretion with respect to whether any or what action
should be taken thereunder, be construed as an authority to the Governor in Council to
make by regulations or rules such provision, if any, with respect to the matter in
question as he in the exercise of that discretion thinks proper.
Ships may be seized and sold
415. (1) In every case in which a conviction has been secured against
the owner of a ship for contravention of any of the provisions of this Part, and a fine
imposed, the ship is, if the fine is not paid forthwith, liable to be seized, and, after
such reasonable notice as the Minister may, in each case, prescribe, may be sold by the
chief officer of customs at any place, or any other person authorized for that purpose in
writing by the Minister, and the officer of customs or other person may, by bill of sale,
give the purchaser a valid title to the ship free from any mortgage or other claim on the
ship that, at the time of the sale, may be in existence.
Surplus to be paid to owner
(2) Any surplus remaining from the proceeds of sale after paying the amount of the fine
and the costs of conviction, together with the costs of the seizure and sale, shall be
paid over to the owner of the ship, or the mortgagee, as the case may be.
Disposal of fines
416. All fines recovered under this Part shall be paid to the Receiver
General, and shall be placed by him to the credit of the Consolidated Revenue Fund, but
the Governor in Council may, if he sees fit, authorize the payment of a portion of those
fines to the informer, if he is not a steamship inspector.
Directions for payment to municipality
417. Notwithstanding section 416, where a provincial, municipal or
local authority bears in whole or in part the expense of prosecuting a contravention of
this Part in respect of which a fine is imposed, the court, justice of the peace or
provincial court judge imposing the fine may direct that the proceeds of the fine be paid
to that authority.
Limitation period
418. Any information or complaint in respect of any offence under this
Part may be laid or made at any time within but not later than twelve months after the
time when the matter of the information or complaint arose.
Offence and punishment
419. (1) Except where otherwise specially provided in this Part, the
owner or master of any ship is guilty of an offence punishable on summary conviction for
any contravention of this Part or any regulation made under this Part.
Meaning of "ship"
(2) For greater certainty, the meaning of "ship" in subsection (1) is, for
the purposes of a contravention of a regulation made under section 338, co-extensive with
the scope of application of that regulation.
Application of Part
420. (1) The Governor in Council may direct that this Part or any of
the provisions thereof shall apply to any ship or class of ship registered elsewhere than
in Canada while within Canadian waters.
Unregistered ships
(2) This Part applies to all unregistered ships, other than ships belonging to Her
Majesty and government ships, while they are within Canada.
Certain products not considered cargo
(3) Fish and the products of whaling trips and sealing trips shall not, for the
purposes of this Part, be considered cargo of steamships employed in fishing, whaling or
sealing.
Relief from compliance with Part
421. (1) Notwithstanding anything in this Part, the Minister, on the
recommendation of the Chairman, may relieve any Canadian ship or the owner of any such
ship from compliance with any of the provisions of this Part or regulations made under
this Part relating to steamship inspection, except provisions relating to radio
installations in ships, in any specific case of emergency where the Minister may deem it
necessary or advisable in the public interest, to such extent, in such manner and on such
terms as he may consider proper in the circumstances, but the Minister shall not relieve
any ship or owner from compliance with any such provision to such extent or in such manner
as would permit any ship to proceed to sea or make any voyage or trip in an unseaworthy
condition, that is to say, unfit by reason of the defective condition of its hull,
equipment or machinery, or by reason of undermanning, overloading or improper loading, to
proceed to sea or make any such trip or voyage without serious danger to life.
Effective period
(2) Subsection (1) has force and effect only during such period or periods as the
Governor in Council may determine.
Exception
(3) This section does not apply to Safety Convention ships, Load Line Convention ships
or ships to which the Load Line Regulations apply.
Report to Parliament
(4) The Minister shall annually lay before Parliament a special report stating the
cases in which he has exercised his power under this section during the preceding year and
the grounds on which he has acted in each case.
421.1 (1) The Governor in Council may make regulations
(a) defining the expression "small vessel" for the purposes of this section;
(b) respecting the construction or manufacture of small vessels;
(c) authorizing the inspection of small vessels to ensure compliance with regulations
made under paragraph (b);
(d) authorizing the issuance of certificates or plates in respect of small vessels that
comply with regulations made under paragraph (b) and prescribing the fees to be charged in
respect of issuing them;
(e) respecting the suspension or cancellation of certificates or plates referred to in
paragraph (d);
(f) prohibiting the tampering with or the unauthorized use or transfer of certificates
or plates issued in respect of small vessels;
(g) authorizing the seizure and detention of small vessels that do not meet the
requirements of regulations made under paragraph (b);
(h) prohibiting the construction, manufacture, sale, lease, importation or operation of
small vessels that do not meet the requirements of regulations made under paragraph (b);
(i) requiring owners, builders, manufacturers, importers or vendors of small vessels to
modify their small vessels, at their own expense, in order to comply with regulations made
under paragraph (b);
(j) prohibiting the alteration or removal of the hull identification or serial numbers
that identify small vessels; and
(k) prescribing the maximum fine that may be imposed in respect of the contravention of
any provision of a regulation made under this subsection.
(2) Every person who contravenes a provision of a regulation made under subsection (1)
is guilty of an offence and liable on summary conviction to a fine of not more than the
maximum fine prescribed under paragraph (1)(k) in respect of that contravention or to
imprisonment for a term of not more than six months, or to both.
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