80. In this Part, “Minister” means the Minister of Transport.

81. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere. Subsections 86(2) to (4) also apply in respect of foreign vessels in Canadian waters.

82. (1) The master of a Canadian vessel shall ensure that every person who is employed in a position on board presents to the master all Canadian maritime documents that they are required under this Part to have for that position.

(2) No master of a Canadian vessel shall operate it unless it is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage, and is kept so staffed during the voyage.

(3) No crew member shall wilfully obstruct a master’s operation of a Canadian vessel unless the master is, without just cause, putting at risk the safety of the vessel or of any person on board.

83. (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property.

(2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer.

(3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.

84. Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.

85. (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

(2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage.

(3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel’s being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.

86. (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom.

(2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel.

(2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel.

(3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1).

(4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than

(a) claims for costs relating to the arrest and the judicial sale of the vessel; or

(b) any lien arising from a claim for salvage in respect of the vessel.

(5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than

(a) liens conferred by subsection (1) or (2);

(b) claims for costs relating to the arrest and the judicial sale of the vessel; or

(c) any lien arising from a claim for salvage in respect of the vessel.

87. Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions.

88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part.

(2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister.

2001, c. 26, ss. 88, 323.

89. (1) If the government of a foreign state has entered into a reciprocal arrangement with the Government of Canada to accept certificates of competency issued under this Part in lieu of certificates of competency of that state and if the Minister is satisfied that the requirements under the laws of the foreign state for a certificate of competency meet or exceed the requirements under this Act, the Minister may direct, subject to any conditions that the Minister specifies, that the foreign certificate may be accepted in lieu of a certificate of competency issued under this Part.

(2) A foreign certificate that is accepted under subsection (1) may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister as though it were a Canadian maritime document, and the holder of any certificate so suspended or cancelled must deliver it to the Minister, who must then return it to the authority that issued it.

90. (1) If a physician or an optometrist believes on reasonable grounds that the holder of a certificate issued under this Part has a medical or optometric condition that is likely to constitute a hazard to maritime safety, the physician or optometrist shall inform the Minister without delay of that opinion and the reasons for it.

(2) The holder of a certificate issued under this Part in respect of which standards of medical or optometric fitness are required shall, before being examined by a physician or an optometrist, advise the physician or optometrist that they hold the certificate.

(3) The Minister may use any information provided under subsection (1) for the purpose of determining whether the holder of a certificate meets the requirements in respect of that certificate.

(4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything they do in good faith in compliance with this section.

(5) The holder of a certificate is deemed, for the purposes of this section, to have consented to the Minister being informed under subsection (1) in the circumstances referred to in that subsection.

91. (1) The master of a vessel who is required by the regulations made under this Part to enter into articles of agreement shall

(a) ensure that every crew member has entered into and received articles of agreement, in the form and manner specified by the Minister, with respect to their position on the vessel; and

(b) display, in a location that is accessible to the crew, the provisions of the articles of agreement that are common to each crew member.

(2) The articles of agreement between the master and a crew member must state the surname and other names of the crew member, the respective rights and obligations of each of the parties and any other information required by the regulations made under this Part.

92. When a crew member of a Canadian vessel is discharged, the authorized representative shall provide the member with a certificate of discharge in the form and manner specified by the Minister.

93. (1) The authorized representative and every crew member of a Canadian vessel shall each maintain, in the form and manner and for the period specified by the Minister, a record of sea service of the member.

(2) On request, the authorized representative shall provide the Minister with a copy of, or an extract from, a crew member’s record of sea service.

94. (1) Subject to the regulations and except in the case of desertion or mutual agreement, if a crew member is left behind when a Canadian vessel sails or is shipwrecked, the authorized representative shall ensure that arrangements are made to return the crew member to the place where they first came on board or to another place to which they have agreed, and pay the expenses of returning the crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned.

(2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid.

(3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.

95. If a crew member deserts a Canadian vessel or has committed a serious violation of their contract of employment, the authorized representative or, if the authorized representative entered into an agreement with another person to provide the crew member, that person may return the crew member to the place where they first came on board or to another place on which they and the authorized representative or the other person, as the case may be, have agreed. The expenses of returning the crew member may be deducted from any remuneration due to them.

96. The authorized representative of a Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of every birth or death on board.

97. (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall

(a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and

(b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.

(2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known.

(3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body.

(4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.

98. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in

(a) paragraph 91(1)(a) (enter into articles);

(b) section 92 (provide certificate of discharge);

(c) subsection 93(1) (maintain record of sea service);

(d) subsection 93(2) (provide copy of record of sea service); and

(e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.

99. The Minister may, on the request of the authorized representative and a crew member of a Canadian vessel, adjudicate any dispute between them that arises under this Part. The Minister’s decision is binding on the parties.

100. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;

(b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;

(c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;

(d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;

(e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;

(f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;

(g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1);

(h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;

(i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;

(j) specifying the information that must be contained in articles of agreement;

(k) specifying what constitutes a serious violation of a contract of employment;

(l) respecting any occupational health or safety matter on board a vessel that is not regulated by the Canada Labour Code; and

(m) respecting the payment and allotment of crew members’ wages.

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

(a) subsection 82(2) (operating a vessel without sufficient and competent crew);

(b) subsection 82(3) (wilfully obstructing the operation of a vessel); or

(c) a provision of the regulations made under any of paragraphs 100(a) to (i) and (k) to (m).

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

(3) If an offence under subsection (1) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

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

(a) section 87 (hold certificate or document and comply with its terms and conditions);

(b) subsection 90(1) (inform Minister of medical opinion);

(c) subsection 90(2) (inform that holder of a certificate);

(d) subsection 94(1) (pay expenses);

(e) subsection 97(1), (2), (3) or (4) (take measures following a death); or

(f) paragraph 98(e) (failure to pay expenses).

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

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

(a) subsection 82(1) (ensure employees present Canadian maritime documents);

(b) paragraph 91(1)(a) (enter into articles);

(c) paragraph 91(1)(b) (display articles);

(d) section 92 (provide certificate of discharge);

(e) subsection 93(1) (maintain record of sea service);

(f) subsection 93(2) (provide copy of record of sea service);

(g) paragraph 98(a) (enter into articles);

(h) paragraph 98(b) (provide certificate of discharge);

(i) paragraph 98(c) (maintain record of sea service);

(j) paragraph 98(d) (provide copy of record of sea service); or

(k) a provision of the regulations made under paragraph 100(j).

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

104. In this Part, “Minister” means the Minister of Transport.

105. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.

106. (1) The authorized representative of a Canadian vessel shall

(a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part;

(b) develop procedures for the safe operation of the vessel and for dealing with emergencies; and

(c) ensure that the crew and passengers receive safety training.

(2) The authorized representative of a Canadian vessel shall ensure that

(a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and

(b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met.

107. The master of a Canadian vessel shall, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained.

108. (1) If the master of a Canadian vessel has had the vessel or its machinery or equipment inspected by an authority of a foreign state and that authority has issued a certificate that certifies that the vessel, machinery or equipment meets certain requirements of that state and the Minister is satisfied that those requirements meet or exceed the requirements for a Canadian maritime document required under this Part, the Minister may grant an exemption, for the period specified by the Minister, from the obligation to comply with subsection 106(2) and section 107 with respect to that certificate.

(2) The Minister may request the government of a state that is a party to a convention, protocol or resolution listed in Schedule 1 respecting the safety of vessels or of persons who are on board or are loading or unloading vessels to issue in respect of a Canadian vessel any certificate provided for by the convention, protocol or resolution. A certificate issued as a result 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 this Part and may be suspended or cancelled as though it were a Canadian maritime document.

109. (1) The master of a vessel shall take all reasonable steps to ensure the safety of the vessel and of persons who are on board or are loading or unloading it while using equipment on it.

(2) If the master of a vessel is informed of a safety hazard, the master shall, unless the master determines that the hazard does not exist, take reasonable measures to protect the vessel and persons on board from the hazard, including eliminating it if feasible. If it is not feasible to eliminate it, the master of a Canadian vessel shall notify the authorized representative.

110. (1) The master of a vessel shall ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention or protocol listed in Schedule 1.

(2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged.

(3) Subsection (1) does not apply in respect of a person carried on board a vessel in pursuance of the obligation on the master to carry shipwrecked or distressed persons.

111. Every master shall comply with any direction given to the master by a marine safety inspector to cease any operation or procedure that, in the inspector’s opinion, poses an undue risk because of unsafe conditions.

112. If the master of a Canadian vessel encounters dangerous ice, a dangerous derelict or other direct danger to navigation, a tropical storm, winds of a force of 10 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 the vessel, the master shall give notice to all vessels in the vicinity and the prescribed authorities on shore of the danger.

113. Every crew member on board a vessel shall

(a) carry out their duties and functions in a manner that does not jeopardize the safety of the vessel or of any person on board;

(b) report to the master any safety hazards of which they become aware;

(c) report to the master any change in their circumstances that could affect their ability to carry out their duties and functions safely; and

(d) comply with lawful directions given by the master.

114. Every crew member on board a vessel shall comply with any direction given to them by a marine safety inspector to cease any operation or procedure that, in the inspector’s opinion, poses an undue risk because of unsafe conditions.

115. (1) Every passenger on board a vessel shall comply with any direction that is given to them by the master or a crew member to carry out the provisions of this Act or the regulations.

(2) Every passenger on board a vessel shall comply with a direction to leave the vessel that is given to them by the master before the vessel embarks on a voyage.

116. Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one

(a) without the permission or against the orders of the master or the person in charge of embarkation or disembarkation; or

(b) if there is no safe means of embarkation or disembarkation or every such means has been blocked.

2001, c. 26, s. 116; 2005, c. 29, s. 17.

117. No person shall tamper with or vandalize a vessel or its machinery, equipment or notices or plans relating to emergency procedures, safety or navigation.

118. No person shall take any action that might jeopardize the safety of a vessel or of persons on board.

119. Subject to the regulations, no person shall construct, manufacture or alter a vessel of a prescribed class otherwise than in accordance with plans approved by the Minister as having met the requirements of the regulations respecting the design and construction of vessels of that class.

120. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the safety of vessels or classes of vessels and of persons on board or loading or unloading a vessel, including regulations

(a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

(b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;

(c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a vessel’s or a class of vessels’ machinery, equipment and supplies;

(d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

(e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

(f) specifying the terms and conditions of certificates issued under this Part;

(g) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

(h) respecting load lines and draught marks on vessels or classes of vessels;

(i) respecting procedures and practices that must be followed;

(j) respecting compulsory routes and recommended routes;

(k) regulating or prohibiting the operation of vessels for the purpose of protecting persons, vessels, artificial islands, installations, structures, works, shore areas or environmentally sensitive areas;

(l) respecting the prevention of collisions in Canadian waters or waters in the exclusive economic zone of Canada;

(m) respecting arrangements for ensuring communication between persons in different parts of a vessel and between persons on board and other persons;

(n) respecting information and documents that must be supplied to the master and kept on board vessels or classes of vessels;

(o) respecting the marking of vessels and the posting of notices, plans and Canadian maritime documents to show information relating to safety and to emergency procedures;

(p) respecting the number of passengers that may be on board a vessel and their safety;

(q) respecting the illumination of docks or wharfs at which vessels are berthed;

(r) respecting shore-based gangways;

(s) respecting cargo; and

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

(2) Regulations made under this section apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.

(3) Despite section 105, regulations referred to in paragraph (1)(k) or (l) may be made in respect of aircraft on or over Canadian waters.

(4) Despite section 105, regulations referred to in paragraph (1)(j), (k) or (l) may be made in respect of pleasure craft that are in Canadian waters.

(5) Despite section 105, paragraph 121(1)(s) applies in respect of contraventions of regulations made under subsection (3) or (4).

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

(a) paragraph 106(1)(a) (ensure vessel meets requirements);

(b) paragraph 106(1)(b) (develop emergency procedures);

(c) paragraph 106(1)(c) (ensure training);

(d) paragraph 106(2)(a) (ensure vessel inspected);

(e) paragraph 106(2)(b) (ensure terms and conditions met);

(f) section 107 (obtain certificates);

(g) subsection 109(1) (ensure safety);

(h) subsection 109(2) (protect from hazards and notify authorized representative);

(i) subsection 110(1) (too many persons);

(j) section 111 (master to comply with direction);

(k) section 112 (inform of danger);

(l) paragraph 113(a) (carry out duties and functions safely);

(m) paragraph 113(b) (report safety hazards);

(n) paragraph 113(c) (report change in circumstances);

(o) paragraph 113(d) (comply with lawful direction given by master);

(p) section 117 (tampering or vandalism);

(q) section 118 (jeopardizing safety);

(r) section 119 (constructing, manufacturing or altering a vessel not in accordance with approved plans); and

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

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

122. Every person who contravenes subsection 110(2) (submerged load lines) commits an offence and is liable on summary conviction to a fine of not more than $500,000 in respect of each centimetre or part of a centimetre that the applicable load line is submerged or to imprisonment for a term of not more than 18 months, or to both.

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

(a) section 114 (comply with direction);

(b) subsection 115(1) (passenger to comply with direction);

(c) subsection 115(2) (passenger to comply with direction to leave vessel);

(d) paragraph 116(a) (boarding or attempting to board without permission); or

(e) paragraph 116(b) (boarding or attempting to board after safety barriers are in place).

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

124. If an offence under any of sections 121 to 123 is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with a provision referred to in subsection 121(1), section 122 or subsection 123(1) will be carried out by the authorized representative or a person or an organization acting on their behalf, the amount of any fine imposed under that section may be doubled.