247. In sections 248 and 250, “carrier” means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.

248. (1) A carrier has, on goods carried under a contract of carriage, a lien for any amount that is due to the carrier under the contract for freight or costs of storing, disposing of or preserving the goods.

(2) Before exercising a lien, a carrier must give notice of it to the owner of the goods, specifying the amount claimed and the particulars of the claim.

(3) If the carrier places the goods in the custody of a third party and gives the third party notice of the lien and the third party does not retain them until notified by the carrier that the lien is discharged or does not return them to the carrier, the third party is liable to the carrier. The third party may charge the carrier for storing the goods or for any reasonable action taken to preserve them or to protect property or human life from damage they may cause.

(4) A third party who retains goods until notified by the carrier that the lien is discharged or who returns them to the carrier is not liable to the owner of the goods, regardless of whether the lien claimed by the carrier is valid.

249. (1) If an owner of goods does not take delivery of the goods after notice of delivery has been given or fails to discharge a lien after it is exercised, the carrier may

(a) sell them by public auction at any time that is 90 days after the notice of delivery is given and 10 days after giving notice of the time and place of the auction in a newspaper that is circulated in the vicinity of the auction; or

(b) if the goods are perishable or pose a threat to public health or safety, sell or otherwise dispose of them in the manner and for the price that is reasonable in the circumstances after giving notice of the sale or other disposition to the owner of the goods.

(2) The proceeds of the disposition must be credited toward payment of the amounts due or payable under the contract of carriage or any other amounts reasonably incurred for storing, disposing of or preserving the goods. Any surplus must be paid to the owner of the goods.

250. Subject to the Carriage of Goods by Water Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

251. (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring.

(2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant.

(3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Courts Act.

(4) In this section, “stevedoring” includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.

2001, c. 26, s. 251; 2002, c. 8, s. 195.

252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.

(2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.

2001, c. 26, s. 252; 2005, c. 29, s. 33.

253. (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,

(a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or

(b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.

(2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.

254. (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission.

(2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

255. If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

(a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or

(b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.

256. (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister of Transport or the Minister of Fisheries and Oceans, as the case may be, becomes aware of the subject-matter of the proceedings.

(2) A document that purports to have been issued by the Minister referred to in subsection (1), and that certifies the day on which that Minister became aware of the subject-matter of the proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject-matter on that day.

(3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than two months after they arrive in Canada.

257. (1) For the purpose of giving jurisdiction under this Act, every offence is deemed to have been committed and every cause of complaint to have arisen either in the place where the offence actually was committed or arose, or in any place where the offender or person or vessel complained against may be.

(2) If, in a legal proceeding under this Act, a question arises as to whether a vessel or person is within any of the provisions of this Act or the regulations, the vessel or person is deemed to be within those provisions unless the contrary is proved.

258. (1) If a district within which a court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of a sea, or abuts on or projects into navigable waters, the court, justice or provincial court judge has jurisdiction over any vessel on, or lying or passing off, that coast or in or near those navigable waters, and over all persons on board, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge.

(2) The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code.

259. If the Federal Court is satisfied that damage or loss has in any part of the world been caused to property that belongs to Her Majesty in right of Canada or a province or to a qualified person by the fault, in whole or in part, of a vessel that is registered in a foreign state and that is at the time of the application in Canadian waters, on ex parte application the Federal Court may issue an order requiring any person named by the Court to detain the vessel until the applicant has been compensated for the damage or loss or until security, in the form and amount approved by the Court, is deposited with the Court.

260. It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given

(a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and

(b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.

261. (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if

(a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada;

(b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and

(c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer.

(2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused.

(3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.

262. (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case.

(2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.

263. The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.

264. If there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where a conviction or an order is made, in the Province of Ontario, a judge of the Ontario Superior Court of Justice, in the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court, in the Province of Prince Edward Island or Newfoundland, a judge of the Trial Division of the Supreme Court, or, in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen’s Bench, has power to hear and determine an application for a stay of proceedings on the conviction or order.

265. (1) A document made, given or issued under this Act and appearing to be signed by the Minister of Transport, the Minister of Fisheries and Oceans, the Chief Registrar or a registrar, a marine safety inspector, the Chair of the Marine Technical Review Board, a marine communications and traffic services officer, a person exercising powers under subsection 135(2), a pleasure craft safety inspector or an enforcement officer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

(2) A copy of or an extract from any record or other document that is made, given or issued under this Act by a person referred to in subsection (1) and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

266. A document that this Act declares to be admissible in evidence is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of the parties authority to receive evidence, and, in the absence of any evidence to the contrary, is proof of the matters stated in the document without proof of the signature or the official character of the person appearing to have signed it.

267. In an action or proceeding under this Act, an entry in a record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated as against the person who made the entry or was required to keep the record or, if the record was kept in respect of a vessel, against the authorized representative or master.

268. (1) Subject to subsection (2), all fines imposed under this Act must, despite any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund.

(2) A court, justice of the peace or provincial court judge who imposes a fine under this Act may direct that the whole or a portion of it may

(a) be applied in compensating a person for any wrong or damage that may have been caused by the act or default in respect of which the fine was imposed;

(b) be applied in or toward payment of the expenses of the proceedings; or

(c) be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.

268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3), 174(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

269. (1) No person shall, during a prescribed period,

(a) discharge from a Canadian vessel a prescribed article in any prescribed territory or within the territorial waters adjacent to the territory;

(b) tranship on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;

(c) take on board or carry on a Canadian vessel such an article consigned to or destined for a place in such a territory; or

(d) take on board or carry on any other vessel in Canadian waters such an article consigned to or destined for a place in such a territory.

(2) Any person, or member of a class of persons, designated by the Minister of Transport or the Minister of National Defence for the purposes of this section, who has reason to suspect that a vessel is contravening or has contravened subsection (1) may

(a) direct the master to stop the vessel or proceed to the place that the person may select, and to moor, anchor or remain there for any reasonable period that the person may specify;

(b) board the vessel;

(c) direct the master to produce any documents relating to any cargo that is being carried or has been carried on the vessel;

(d) search the vessel, examine the cargo and direct the master or a member of the crew to open any package or parcel that the person suspects contains articles prescribed for the purposes of subsection (1); and

(e) make any other examination or inquiry that the person considers necessary to determine whether subsection (1) is being or has been contravened.

(3) If the person has reasonable grounds to believe that subsection (1) is being or has been contravened, the person may take the vessel to the nearest or most convenient port in order that the alleged contravention may be adjudicated by a court of competent jurisdiction.

(4) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

(a) prescribing any territory in which there is a state of war or armed conflict;

(b) prescribing anything else that may be prescribed under this section;

(c) exempting, in the case of any territory prescribed under paragraph (a), an article or class of articles from the application of this section; and

(d) for carrying out the purposes and provisions of this section.

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

(6) If a person on a vessel commits an offence under this section and the authorized representative or master authorized or acquiesced in the offence, the authorized representative or master is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the person whether or not the person has been prosecuted.

*270. Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.

* [Note: Section 26 not in force.]

*271. (1) Every vessel registered in Canada when Part 2 comes into force is deemed to be registered under that Part until its ownership changes.

* [Note: Part 2 not in force.]

(2) A certificate of registry issued under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, expires no later than February 25, 2003.

*(3) A vessel that was not required to be registered under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, and that is required by subsection 46(1) to be registered under Part 2 has two years after that Part comes into force to comply with that requirement.

* [Note: Part 2 not in force.]

*272. Every vessel, other than a pleasure craft, licensed under section 108 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, when Part 2 comes into force is deemed to be registered in the small vessel register referred to in subsection 43(1) until

(a) the earlier of the date the vessel’s ownership changes and five years after Part 2 comes into force; or

(b) in the case of a vessel that was issued a licence under that Act, the expiry date of the licence.

* [Note: Part 2 not in force.]

273. Subject to the provisions of this Act or the regulations respecting the suspension or cancellation of Canadian maritime documents, certificates issued under Part II, III or V of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, remain in force for the purpose for which they were issued.

274. (1) Regulations made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, other than under any of the provisions listed in section 332 of this Act, remain in force and are deemed to have been made under this Act, in so far as they are not inconsistent with this Act, until they are repealed.

(2) The Governor in Council may, on the recommendation of the Minister of Transport or the Minister of Fisheries and Oceans, repeal any regulations referred to in subsection (1).

(3) Any certificate’s period of validity that is provided for in a regulation referred to in subsection (1) is deemed to have been specified by the Minister under subsection 17(1).

(4) Every reference to “Canadian ship” or “Canadian ships” in the regulations referred to in subsection (1) shall be read as a reference to “Canadian vessel” or “Canadian vessels”, respectively.

*(5) Every vessel that, immediately before the coming into force of Part 10, was a pleasure craft within the meaning of section 2 of the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985 (“that Act”), is deemed to be a pleasure craft within the meaning of section 2 of this Act until the Small Vessel Regulations made under that Act are repealed or the vessel is no longer a pleasure craft within the meaning of section 2 of that Act, whichever occurs first.

* [Note: Part 10 not in force.]

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

275. to 324. [Amendments]

325. to 330. [Amendments]

331. [Amendments]

332. [Amendment]

333. [Repeal]

*334. (1) The provisions of this Act, other than sections 319 and 322 to 332, come into force on a day or days to be fixed by order of the Governor in Council.

(2) Sections 325 to 330 come into force on the ninetieth day after this Act is assented to.

* [Note: Sections 319, 322 to 324, 331 and 332 in force on assent November 1, 2001; sections 325 to 330 in force January 30, 2002.]

1. Minimum Age (Sea) Convention, 1920

2. Unemployment Indemnity (Shipwreck) Convention, 1920

3. Medical Examination of Young Persons (Sea) Convention, 1921

4. Minimum Age (Trimmers and Stokers), 1921

5. Marking of Weight (Packages Transported by Vessels) Convention, 1926

6. Seaman’s Articles of Agreement Convention, 1926

7. Protection of Accidents (Dockers) Convention (revised), 1932

8. Minimum Age (Sea) Convention (Revised), 1936

9. Certification of Able Seamen Convention, 1946

10. Certification of Ships’ Cooks Convention, 1946

11. Food and Catering (Ship’s Crews) Convention, 1946

12. Medical Examination (Seafarers) Convention, 1946

13. Seafarers’ Identity Documents Convention, 1958

14. Convention on Facilitation of International Maritime Traffic, 1965

15. International Convention on Load Lines, 1966

16. International Convention on Tonnage Measurement of Ships, 1969

17. Convention on the International Regulations for Preventing Collisions at Sea, 1972

18. International Convention for the Prevention of Pollution from Ships, 1973

19. International Convention for the Safety of Life At Sea of 1974

20. Convention on the International Maritime Satellite Organization (INMARSAT), 1976

21. Merchant Shipping (Minimum Standards) Convention, 1976

22. International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978

23. Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships

24. Protocol of 1978 relating to the International Convention for the Safety of Life At Sea of 1974

25. Convention for the Suppression of Unlawful Act Against the Safety of Maritime Navigation, 1988

26. Protocol of 1988 relating to the International Convention for the Safety of Life At Sea of 1974

27. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf

28. Protocol of 1988 relating to the International Convention on Load Lines, 1966

29. International Convention on Oil Pollution Preparedness Response and Cooperation, 1990

30. Protocol of 1997 relating to the International Convention for the Prevention of Pollution from Ships

1. International Convention on Maritime Search and Rescue, 1979

2. International Convention on Oil Pollution Preparedness Response and Cooperation, 1990