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CANADA SHIPPING ACT, 20012001, c. 26
An Act respecting shipping and navigation and to amend the Shipping Conferences Exemption Act, 1987 and other Act
Short title 1. This Act may be cited as the Canada Shipping Act, 2001.
Definitions 2. The definitions in this section apply in this Act.
''authorized representative'' « représentant autorisé » ''authorized representative'' means, in respect of a Canadian vessel, the person referred to in subsection 14(1) and, in respect of a foreign vessel, the master.
''bare-boat charter'' « affrètement coque nue » ''bare-boat charter'' means a vessel charter agreement under which the charterer has complete possession and control of the vessel, including the right to appoint its master and crew.
''Canadian maritime document'' « document maritime canadien » ''Canadian maritime document'' means a licence, permit, certificate or other document that is issued by the Minister of Transport under Part 1 (General), 3 (Personnel), 4 (Safety), 9 (Pollution Prevention-Department of Transport) or 11 (Enforcement -Department of Transport) to verify that the person to whom or vessel to which it is issued has met requirements under that Part.
''Canadian vessel'' « bâtiment canadien » ''Canadian vessel'' means a vessel registeredor listed under Part 2 (Registration, Listing and Recording).
''foreign vessel'' « bâtiment étranger » ''foreign vessel'' means a vessel that is not a Canadian vessel or a pleasure craft.
''government vessel'' « bâtiment d'État » ''government vessel'' means a vessel that is owned by and is in the service of Her Majesty in right of Canada or a province or that is in the exclusive possession of Her Majesty in that right.
''gross tonnage'' « jauge brute » ''gross tonnage'' means the volume of a vessel as determined by a tonnage measurer or calculated in accordance with the regulations made under paragraph 77(h).
''master'' « capitaine » ''master'' means the person in command and charge of a vessel. It does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act, while the pilot is performing pilotage duties under that Act.
''oil handling facility'' « installation de manutention d'hydrocarbures » ''oil handling facility'' means a facility, including an oil terminal, that is used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.
''passenger'' « passager » ''passenger'' means a person carried on a vessel by the owner or operator, other than
''pleasure craft'' « embarcation de plaisance » ''pleasure craft'' means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class.
''prescribed'' « prescribed - version anglaise »' ''prescribed'' means prescribed by regulations made by the Governor in Council.
''qualified person'' « personne qualifiée » ''qualified person'' means
''Register'' « Registre » ''Register'' means the Canadian Register of Vessels established under section 43.
''Safety Convention vessel'' « bâtiment assujetti à la Convention sur la sécurité » ''Safety Convention vessel'' means a vessel in respect of which the International Convention for the Safety of Life at Sea, listed in Schedule 1, applies.
"Tribunal" « conseiller » "Tribunal" means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
''vessel'' « bâtiment » ''vessel'' means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction. It does not include a floating object of a prescribed class.
''wages'' « gages » ''wages'' includes emoluments.
3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
4.The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.
GENERAL
Binding on Her Majesty 5. Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.
Objectives of Act 6. The objectives of this Act are to
Exclusion 7. (1) Notwithstanding any other provision of this Act, this Act does not apply in respect of a vessel, facility or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces.
Regulations (2) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations varying or excluding the application, in respect of government vessels, of any provision of this Act.
Conflicts with foreign rules (3) Regulations made under this Act do not, unless they expressly provide otherwise, apply in respect of a Canadian vessel in the waters of a country other than Canada if the regulations are inconsistent with a law of that country that, by its terms, applies in respect of the vessel when in the waters of that country.
Application of this Part 8. This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters, but regulations made under paragraph 35(1)(d) in respect of pollution apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada.
Role of Minister of Transport 9. Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.
General 10. (1) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister's responsibilities under this Act,
Exemption power of Ministers (2) The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister's responsibilities under this Act, exempt for a specified period any authorized representative, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facility from the application of any provision of this Act or the regulations, subject to any conditions that that Minister considers appropriate, if that Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. (3) Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any vessel, or class of vessels, that is enroute through Canadian waters but is not enroute to or departing from a port in Canada, from the application of any provision of Part 3 (Personnel), 4 (Safety) or 9 (Pollution Prevention-Department of Transport) if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.
Publication (4) Notice of every exemption granted under subsection (2) or (3) must be published in the Canada Gazette.
Authorization (5) The Minister of Transport or the Minister of Fisheries and Oceans may authorize any person employed in the federal public administration or any police officer, police constable, constable or other person employed for the preservation and maintenance of the public peace, or any class of any of those persons, that that Minister considers proper to exercise any of the powers and perform any of the duties and functions that may be or are required to be exercised or performed by that Minister under this Act.
Inspections by Marine Safety Inspectors and Others Appointment of marine safety inspectors 11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.
Authorizations (2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:
Certificate (3) The Minister of Transport must furnish every marine safety inspector with a certificate of designation authorizing the inspector to carry out inspections under section 211 or to exercise any power or perform any duty or function of the Minister under this Act, including any quasi-judicial powers.
Duties and powers (4) A marine safety inspector may exercise only those powers and perform only those duties and functions that are referred to in the inspector's certificate of designation.
Immunity (5) Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.
12. (1) The Minister of Transport may authorize any person, classification society or other organization to issue any Canadian maritime document under this Act or to carry out inspections under section 211 if the Minister determines that the person, classification society or other organization is qualified to issue the document or carry out the inspection.
Certificate of authorization (2) The Minister of Transport must furnish the person, classification society or other organization with a certificate of authorization specifying the documents they are authorized to issue, the inspections they are authorized to carry out and any limitations on the powers they may exercise under subsection 211(4).
Inspection records (3) A person, classification society or other organization authorized to carry out inspections must keep a record of each inspection in the form and manner specified by the Minister of Transport and, on request, provide the record to the Minister.
Delivery of report (4) A person, classification society or other organization that does not, in respect of anything that they were authorized to inspect, issue a certificate because the requirements of the regulations have not been met must deliver their report in respect of that inspection to a marine safety inspector.
Immunity (5) The person, classification society or other organization is not personally liable for anything they do or omit to do in good faith under this Act.
Audit 13. The Minister of Transport may authorize any person or class of persons to audit inspections carried out under section 211. The auditor may exercise the powers under that section of the person, classification society or other organization whose inspections are being audited.
Authorized Representative 14. (1) Every Canadian vessel must have a person-the authorized representative -who is responsible under this Act for acting with respect to all matters relating to the vessel that are not otherwise assigned by this Act to any other person.
Authorized representative (2) Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is the owner of the vessel or, in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer.
Representative if more than one owner (3) In the case of a Canadian vessel that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.
Representative of foreign corporation (4) In the case of a Canadian vessel that is owned by a corporation incorporated under the laws of a state other than Canada, the authorized representative must be
Acts or omissions of authorized representative binding (5) The owner of a Canadian vessel is bound by the acts or omissions of their authorized representative with respect to the matters referred to in subsection (1).
15. [Repealed, S.C. 2001, c. 29 s. 72]
Application 16. (1) An application for a Canadian maritime document must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister of Transport.
Further evidence (2) In addition to the specified information or documents, the Minister of Transport may
Cheating (3) No person shall cheat on an examination referred to in paragraph (2)(b).
Refusal to issue (4) The Minister of Transport may refuse to issue a Canadian maritime document if
(5) The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice
Request for review 16.1 (1) An applicant who receives a notice under subsection 16(5) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review of the decision if (a) the request is in respect of a Canadian maritime document that is issued under Part 3 (Personnel); and (b) the grounds for refusing to issue the document are set out in paragraph 16(4)(a), (b), (c) or (e).
Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the applicant of the time and place in writing.
Review procedure (3) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the applicant with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Person not compelled to testify (4) In a review of a decision made under subparagraph 16(4)(e)(ii) on the ground that an applicant has committed a violation in respect of which a notice of violation has been issued to the applicant, the applicant is not required, and must not be compelled, to give any evidence or testimony in the matter before the matter that gave rise to the issue of the notice has been disposed of in accordance with sections 232 to 232.2.
Determination (5) The member may (a) in the case of a decision made under paragraph 16(4)(e), confirm the decision or substitute his or her own determination; or (b) in any other case, confirm the decision or refer the matter back to the Minister of Transport for reconsideration.
Period of validity 17. (1) Every Canadian maritime document is valid for the period specified by the Minister of Transport. The Minister may, on application made before a document expires and in the form and manner specified by the Minister, extend the period if the Minister is satisfied that it is not feasible to issue a new document before the document expires.
Possession (2) Except as otherwise provided by this Act or the regulations, no person, other than the person to whom it was issued or their representative, shall possess a Canadian maritime document issued under Part 3 (Personnel).
Production of document 18. Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.
Lost documents 19. If a Canadian maritime document is mislaid, lost or destroyed, the Minister of Transport may issue a replacement document on application made by the holder of the document in the form and manner and including the information and accompanied by the documents specified by the Minister.
Suspension, cancellation and refusal to renew 20. (1) Subject to section 20.1, the Minister of Transport may suspend, cancel or refuse to renew a Canadian maritime document if the Minister is satisfied that (a) the requirements for the issuance of the document are no longer met; (b) a term or condition attached to the document has been contravened; (c) the document was obtained by any fraudulent or improper means or a misrepresentation of any material fact; (d) the holder of the document has not paid a fine or penalty imposed on them under this Act; (e) the holder of the document has contravened a provision of this Act or the regulations that the Minister is responsible for administering; (f) in the case of a Canadian maritime document issued under Part 3 (Personnel) to a master or crew member, (i) the master or crew member is incompetent or has committed an act of misconduct, (ii) the master or crew member was on board a vessel that contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act and knew, when the contravention occurred, that the vessel was committing the contravention, or (iii) the master or crew member has been found guilty of an offence related to their duties on a vessel; or (g) in the case of a refusal to renew, (i) the applicant has not paid a fee set under paragraph 35(1)(g) in respect of the issuance of the document, or (ii) the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.
Return of document (2) If a Canadian maritime document is suspended or cancelled, the person who held it shall return it on demand to the Minister of Transport.
Notice before suspension or cancellation 20.1 The Minister of Transport must, before suspending or cancelling a Canadian maritime document issued under Part 3 (Personnel), give the holder 30 days notice of the proposed suspension or cancellation. The notice must (a) provide the holder with all relevant information concerning the grounds on which the Minister proposes to suspend or cancel the document; and (b) indicate, in the case of a proposed suspension or cancellation of a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.
Exception 20.2 (1) The Minister of Transport may suspend or cancel a Canadian maritime document issued under Part 3 (Personnel) without complying with section 20.1 if, on ex parte application by the Minister, the Tribunal determines that compliance with that section is not in the interest of public safety.
Decision within 24 hours (2) An application by the Minister of Transport under subsection (1) must be heard by a member of the Tribunal, sitting alone, whose determination shall be made within 24 hours after the application is filed with the Tribunal.
Appeal (3) The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.
Decision within 48 hours (4) The appeal panel of the Tribunal assigned to hear the appeal shall make a decision within 48 hours after the appeal is filed with the Tribunal.
Notice after suspension, cancellation or refusal to renew 20.3 Except where notice of a proposed suspension or cancellation of a Canadian maritime document is given under section 20.1, the Minister of Transport must, immediately after suspending, cancelling or refusing to renew a Canadian maritime document, give the holder a notice that (a) confirms the suspension, cancellation or refusal and provides all relevant information concerning the grounds on which the Minister suspended, cancelled or refused to renew the document; and (b) indicates, in the case of the suspension or cancellation of, or the refusal to renew, a document on the grounds referred to in paragraph 20(1)(a), (b), (c), (e) or (f) or subparagraph 20(1)(g)(ii), the address at which, and the date, being 30 days after the notice is given, on or before which, the applicant may file a request for a review of the Minister's decision.
Request for review 20.4 (1) Subject to subsection (2), the holder of a Canadian maritime document that is referred to in a notice under section 20.1 or 20.3 may, within the time specified in the notice or any further time that the Tribunal on application allows, file a written request for a review of the decision referred to in the notice.
Exception (2) A request for a review must not be filed with, or accepted by, the Tribunal if the grounds for suspending, cancelling or refusing to renew the document are set out in paragraph 20(1)(d) or subparagraph 20(1)(g)(i).
Effect of request (3) The filing of a request for a review in respect of a notice under section 20.1 operates as a stay of the proposed suspension or cancellation until the matter is finally disposed of in accordance with this section or section 20.5.
Time and place for review (4) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister of Transport and the holder of the time and place in writing.
Review procedure (5) The member of the Tribunal assigned to conduct the review must provide the Minister of Transport and the holder with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Person not compelled to testify (6) In a review of a decision made under paragraph 20(1)(e), the holder is not required, and must not be compelled, to give any evidence or testimony in the matter.
Determination (7) The member may (a) in the case of a decision made under paragraph 20(1)(e) or subparagraph 20(1)(f)(ii) or (iii), confirm the Minister of Transport's decision or substitute his or her own determination; and (b) in any other case, confirm the Minister of Transport's decision or refer the matter back to the Minister for reconsideration.
Right of appeal 20.5 (1) The applicant for, or holder of, a Canadian maritime document may appeal to the Tribunal a determination made under subsection 16.1(5) or 20.4(7), and the Minister of Transport may appeal to the Tribunal a determination made under paragraph 16.1(5)(a) or 20.4(7)(a). The time limit for making an appeal is 30 days after the determination.
Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may (a) in the case of a determination made under paragraph 16.1(5)(a) or 20.4(7)(a), dismiss the appeal, or allow the appeal and substitute its own decision; or (b) in the case of a determination made under paragraph 16.1(5)(b) or 20.4(7)(b), dismiss the appeal or refer the matter back to the Minister of Transport for reconsideration.
Issuance of documents to foreign vessels 21. The Minister of Transport may, at the request of the government of a state to which an international convention or protocol listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention or protocol, other than a Canadian maritime document, if the Minister is satisfied, in the same manner as in the case of a Canadian vessel, that the document may properly be issued. A document issued under this section must contain a statement that it has been issued at the request of that government.
Foreign documents 22. The Minister of Transport may refuse to accept a foreign document required for the operation of a foreign vessel if in the Minister's opinion the conditions under which the document was issued do not comply with international agreements to which Canada is a signatory.
General Prohibitions Interdictions Destruction of documents, fraud, obstruction and movement of detained vessel 23. No person shall
Appointment of tonnage measurers 24. The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels' tonnage under this Act.
Fees and travel expenses 25. A tonnage measurer may withhold the tonnage certificate in respect of a vessel until the person requesting it pays the tonnage measurer's fees and travel expenses. The Minister of Transport may set limits on the fees and travel expenses that may be charged.
Establishment 26. (1) For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is hereby established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than one with respect to fees.
Members of the Board (2) The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.
Chair (3) The Chair is appointed by the Minister of Transport and must be an employee of the Department of Transport who has expertise in marine matters.
Vice-Chairs (4) The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.
Delegation (5) The Chair may delegate the Chair's powers and duties to the National Vice-Chair.
Absence or incapacity (6) In the event of the absence or incapacity of the Chair or if the office of Chair is vacant, the National Vice-Chair may exercise all the powers and perform all the duties of the Chair.
Striking panels 27. (1) When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.
Constitution (2) Each panel consists of the Chair and the persons appointed by the Chair.
Expertise (3) Any person to be appointed to a panel, other than a Vice-Chair, must have expertise in the matter in respect of which the panel is struck.
Fee and expenses (4) Each panellist may be paid
Casting vote (5) Matters before a panel are decided by a majority of the members of the panel. The Chair has a second vote in the case of a tie.
Panel decisions (6) For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.
Application 28. (1) Any person may, in respect of a requirement set out in a provision of the regulations made under this Act that applies in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, apply to the Marine Technical Review Board for a decision to exempt the applicant from the requirement or to replace it with another requirement.
Form and manner (2) An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.
Further evidence (3) In addition to the specified information and documents, the Board may require an applicant to provide evidence, including declarations, that the Board considers necessary.
Grant of application (4) If the panel struck to decide the application is satisfied that the exemption or replacement is in the public interest and would not jeopardize marine safety or the marine environment and, in the case of an application to replace a requirement with respect to safety, the replacement would result in an equivalent or greater level of safety, the panel is to issue a decision granting the application, subject to any conditions and for the period that the panel considers appropriate.
Applicant to be notified (5) The Chair is to notify the applicant of the decision to grant or deny the application. Publication (6) If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.
Duty to inform (7) If a person has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the person shall inform the Chair without delay.
Decisions based on false or misleading information (8) If the Chair has reason to believe that a decision to grant an application was based on false or misleading information or that the information provided with the application has changed, the Chair may strike a panel in accordance with section 27 and the panel may confirm, cancel or vary the decision.
Contravention (9) A contravention of a requirement that is substituted for another requirement as a result of a panel decision under subsection (4) is deemed to be a contravention of the original requirement.
Rules (10) The Board must make rules respecting its procedure, with the approval of the Minister of Transport.
Annual report (11) As soon as feasible after the end of each fiscal year, the Chair must submit to the Minister of Transport a report of the Board's operations in that year.
International Conventions, Protocols and Resolutions Schedule 1 29. (1) Schedule 1 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Transport has determined should be brought into force, in whole or in part, in Canada by regulation.
Schedule 2 (2) Schedule 2 lists the international conventions, protocols and resolutions that Canada has signed that relate to matters that are within the scope of this Act and that the Minister of Fisheries and Oceans has determined should be brought into force, in whole or in part, in Canada by regulation.
Codes and guidelines (3) A convention or protocol includes any code or guideline that is attached to it.
Additions to Schedule 1 or 2 30. (1) The Governor in Council may, by order, add international conventions, protocols and resolutions described in subsection 29(1) to Schedule 1 or described in subsection 29(2) to Schedule 2.
Order to be tabled and referred (2) The Minister of Transport is to cause a copy of each order related to Schedule 1 and the Minister of Fisheries and Oceans is to cause a copy of each order related to Schedule 2, together with a description of the objectives of the convention, protocol or resolution, to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the order is made. The order stands referred to the appropriate standing committee of each House.
Deletions from Schedule 1 or 2 31. The Governor in Council may, by order, delete an international convention, protocol or resolution from Schedule 1 or 2 or amend Schedule 1 or 2 if the amendment would not, in the opinion of the Governor in Council, result in a material substantive change.
Externally produced material 32. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister who recommended to the Governor in Council that the regulation be made, including by
Reproduced or translated material (2) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made reproduces or translates from material produced by a person or body other than that Minister
Jointly produced material (3) A regulation made under this Act may incorporate by reference material that the Minister who recommended to the Governor in Council that the regulation be made produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.
Internally produced standards (4) A regulation made under this Act may incorporate by reference technical or explanatory material that the Minister who recommended to the Governor in Council that the regulation be made produces, such as
Incorporation as amended from time to time (5) Material may be incorporated by reference as amended from time to time.
Incorporated material is not a regulation (6) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.
For greater certainty (7) Subsections (1) to (6) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Defence 33. For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention,
In writing 34. (1) If this Act requires or authorizes an order or a direction to be given or made by the Minister of Transport to a person who is not an official of the Department of Transport, the order or direction must be given or made in writing.
Statutory Instruments Act (2) An order or direction referred to in subsection (1) is deemed not to be a statutory instrument for the purposes of the Statutory Instruments Act.
Regulations - Minister of Transport 35. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
Aircraft (2) For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.
Regulations - Minister of Fisheries and Oceans (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations
Debt due to Her Majesty 36. (1) All fees imposed under paragraph 35(1)(g) or (3)(d) and interest payable on those fees constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Payment of fees (2) If a fee is imposed under paragraph 35(1)(g) or (3)(d)
Seizure and detention for charges (3) If the amount of a fee, or of interest due on it, owed by an authorized representative of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.
Release on security (4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.
Contravention of section 23 37. Every person who contravenes section 23 (destruction of documents, fraud, obstruction, false or misleading information or statement, movement of detained vessel) 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.
Contravention of regulations made under paragraph 35(1)(d) or (3)(a) 38. (1) Every person who, or vessel or oil handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) 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.
Exception (2) If a court sentencing a person, vessel or oil handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel or oil handling facility is liable to that lesser punishment.
Contravention of Act 39. (1) Every person commits an offence who contravenes
Punishment (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.
Contravention of Act or regulations 40. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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 $10,000.
REGISTRATION, LISTING AND RECORDING
Definition of ''Minister'' 41. In this Part, ''Minister'' means the Minister of Transport.
Canadian Register of Vessels and Registrars Appointment of Chief Registrar 42. An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.
Duties and powers of Chief Registrar 43. (1) The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Vessels. The Chief Registrar is to divide the Register into parts, including a small vessel register, for the classes of vessels that the Chief Registrar specifies.
Records (2) The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel, including its description, its official number, the name and address of its owner and, except in the case of a vessel registered in the small vessel register, details of all mortgages registered in respect of it.
Registrars 44. (1) The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.
Duties of registrars (2) A registrar is to perform the duties and fulfill the responsibilities that the Chief Registrar assigns to the registrar.
Immunity 45. The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.
Registration, Listing and Recording Mandatory registration of vessels 46. (1) A vessel must be registered under this Part if it
Obligation of owner (2) Every owner of a vessel described in subsection (1) shall ensure that it is registered under this Part.
Mandatory registration- government vessels (3) Every government vessel must be registered under this Part.
Optional registration 47. Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:
Bare-boat chartered vessels 48. A vessel that is registered in a foreign state and that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered vessel for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that state.
Vessels under construction 49. A vessel that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a vessel being built in Canada.
Vessels built outside Canada 50. Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.
Application 51. (1) An application for the registration, listing or recording of a vessel must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.
Further evidence (2) In addition to the specified information and documents, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a vessel is required or entitled to be registered or is entitled to be listed or recorded.
Names of Vessels Before registration or listing 52. (1) Every vessel, other than one to be registered in the small vessel register, must be named in the form and manner specified by the Chief Registrar before it is registered or listed.
Approval of names (2) The Chief Registrar may, on application, approve the name of a vessel before it is registered or listed and approve a change in the name of a Canadian vessel.
Disallowance of names (3) The Chief Registrar must disallow a name if
Requiring renaming (4) The Minister may order that a Canadian vessel be renamed if the Minister considers that its name would prejudice the international reputation of Canada.
Shares 53. (1) For the purposes of registration, the property in a vessel is divided into 64 shares.
Registered owners (2) Subject to subsections (3) and (4), only owners or joint owners of a vessel or of one or more shares in a vessel may be registered in the Register as owners of the vessel or shares, as the case may be.
Registered owners - financing agreements (3) In the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the persons referred to in that paragraph are to be registered in the Register as the owners of the vessel.
Bare-boat charterers (4) In the case of a vessel described in section 48 (a bare-boat chartered vessel), no person may be registered in the Register as an owner of the vessel.
Registration of joint owners (5) No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel.
Disposition of registered joint interests (6) A registered jointly owned interest in a vessel or a share in a vessel may be disposed of only by the joint owners acting together.
Registration of fractions prohibited (7) No person may be registered as the owner of a fractional part of a share in a vessel.
No effect on beneficial owners (8) This section does not affect the beneficial interests of a person represented by or claiming through an owner of a vessel or a share in a vessel.
Trusts not recognized (9) No notice of a trust may be entered in the Register.
Certificates of registry 54. (1) If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a vessel, the Chief Registrar must register or list the vessel, as the case may be, in the Register and issue a certificate of registry.
Information (2) Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including
Period of validity (3) Every certificate of registry is valid for the period specified by the Chief Registrar.
Provisional certificates 55. (1) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is required or entitled to be registered under this Part if
Issuance (2) The Chief Registrar may, on application, issue a provisional certificate in respect of a vessel that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the vessel needs to undergo sea trials.
Validity (3) A provisional certificate is valid for the purpose and the period specified by the Chief Registrar.
Application (4) An application for a provisional certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.
Lost certificates 56. If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar must issue a replacement certificate of registry or provisional certificate, as the case may be, on application made by the authorized representative in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.
Marking Marking 57. (1) The authorized representative of a Canadian vessel shall, in the form and manner specified by the Chief Registrar, mark the vessel with its official number and any other information that the Chief Registrar specifies.
Validity of certificate of registry (2) A vessel's certificate of registry is not valid until the vessel has been marked in accordance with subsection (1).
Maintenance of markings (3) The authorized representative shall ensure that the vessel is kept marked.
Defacing, etc., markings (4) No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.
Notification of changes 58. (1) The authorized representative of a Canadian vessel shall notify the Chief Registrar within 30 days after any of the following occurs:
Notification of alterations (2) If a Canadian vessel is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative shall, within 30 days after the alteration, notify the Chief Registrar and provide the Chief Registrar with the relevant information and documents.
Notification of changes (3) If for any reason a Canadian vessel does not have an authorized representative, its owner shall
Notification of completion of construction (4) Within 30 days after completion of the construction of a vessel that is recorded as being built in Canada, the person in whose name the vessel is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.
59. The Chief Registrar may amend the Register or a certificate of registry to give effect to changes of which the Chief Registrar has been notified under section 58 or to correct any clerical errors or obvious mistakes.
Suspension, Cancellation and Reinstatement of Registration Suspension and cancellation 60. (1) Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian vessel if
Cancellation (2) Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian vessel if
Notice before cancellation (3) If a Canadian vessel is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees
Cancellation of registration (4) Except in the case of a vessel described in paragraph 47(c) (a vessel subject to a financing agreement), the Chief Registrar must cancel the registration of a vessel if a person who acquires the vessel or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the vessel is required or entitled to be registered under this Part.
Registration of mortgages not affected 61. The cancellation of the registration of a vessel does not affect the registration of mortgages in respect of the vessel. Reinstatement 62. The Chief Registrar may reinstate the registration or listing of a vessel if, in the Chief Registrar's opinion, the registration or listing of the vessel should not have been cancelled.
Custody of Certificates of Registry and Provisional Certificates Carrying on board 63. (1) Subject to subsection (3), no person shall operate a vessel in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board.
Delivery of certificate (2) A person who is in possession of a vessel's certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the vessel.
Delivery of certificate (3) A person who is in possession of a certificate of registry or a provisional certificate issued under this Part shall deliver it to the Chief Registrar on request.
Detention of certificate (4) A certificate of registry or provisional certificate is not subject to detention because of any title to, lien on, charge on or interest in the vessel that is claimed by an owner, a mortgagee, a charterer or an operator of the vessel, or by any other person.
Right to fly Canadian flag 64. (1) A Canadian vessel has the right to fly the Canadian flag.
Obligation to fly flag (2) The master of a Canadian vessel, other than one registered in the small vessel register, shall ensure that it flies the Canadian flag
Exception (3) The Chief Registrar may, on application, suspend the registration of a Canadian vessel in respect of the right to fly the Canadian flag while the vessel is shown on the registry of a foreign state as a bare-boat chartered vessel.
Mortgage of vessel or share 65. (1) The owner of a vessel registered under this Part other than in the small vessel register, of a share in such a vessel or of a vessel recorded as being built in Canada may give the vessel or share, as the case may be, as security for a mortgage to be registered under this Part.
Filing of mortgage (2) A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.
Date and time of registration (3) A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.
Entry of discharge of mortgage 66. On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.
Priority of mortgages 67. (1) If more than one mortgage is registered in respect of the same vessel or share in a vessel, a mortgage registered before another mortgage has priority over that other mortgage.
Consent to change in priority (2) The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.
Mortgagee not treated as owner 68. A mortgage of a vessel or a share in a vessel does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the vessel, except to the extent necessary to make the vessel or share available as security under the mortgage.
Mortgagee has power of sale 69. (1) A mortgagee of a vessel or a share in a vessel has the absolute power, subject to any limitation set out in the registered mortgage, to sell the vessel or the share. Restriction (2) If there is more than one registered mortgage of the same vessel or share, a subsequent mortgagee may not, except under an order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, sell the vessel or share without the agreement of every prior mortgagee.
Mortgage not affected by bankruptcy 70. The mortgage of a vessel or a share in a vessel is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the vessel or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.
Transfer of mortgages 71. (1) A registered mortgage of a vessel or a share in a vessel may be transferred to any person, in which case the instrument effecting the transfer must be filed in the form and manner specified by the Chief Registrar.
Entry of particulars (2) The Chief Registrar is to enter the particulars of the transfer in the Register.
Transmission of interest of mortgagee 72. (1) If the interest of a mortgagee in a vessel or a share in a vessel is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 71, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
Entry of particulars (2) The Chief Registrar is to enter the particulars of the transmission in the Register.
Transfer 73. If the ownership of a Canadian vessel or a share in one changes and the vessel is still required or entitled to be registered under this Part,
Order for sale on acquisition by an unqualified person 74. If an unqualified person acquires a Canadian vessel, other than a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), a vessel described in paragraph 47(c) (a vessel subject to a financ- ing agreement) or a vessel described in section 48 (a bare-boat chartered vessel), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for an order that the vessel or share, as the case may be, be sold to a qualified person.
Power of court to prohibit transfer 75. On the application of an interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, may make an order prohibiting any dealing with a Canadian vessel or a share in one for a specified period.
Entries Copies of entries 76. A person may examine or obtain copies of any entries in the Register with respect to a vessel.
Regulations 77. 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
Contravention of Act or regulations 78. (1) Every person commits an offence who contravenes
Punishment (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.
Contravention of Act or regulations 79. (1) Every person commits an offence who contravenes
Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
Continuing offence (3) If an offence under paragraph (1)(a) or (c) 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.
PERSONNEL
Definition of ''Minister'' 80. In this Part, ''Minister'' means the Minister of Transport.
Canadian vessels 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.
Masters Presentation of documents 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.
Sufficient and competent staff (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.
Obstruction prohibited (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.
Detention of persons 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.
Custody (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.
Use of force on a voyage (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.
Liable for discipline 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.
Masters' contracts 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.
Crew members' contracts (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.
Exception (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.
Liens 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.
Foreign liens (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.
Liens for necessaries (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.
Claims (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) .
Priority (4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than
Priority- liens for necessaries (5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than
Positions on board Canadian vessels 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.
Eligibility 88. (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration Act may hold a certificate of competency that is issued under this Part.
Foreign certificates of competency (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.
Acceptance of foreign certificates 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.
Suspension or cancellation (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.
Medical or Optometric Information Minister to be provided with information 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.
Patient to advise (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.
Use by Minister (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.
No proceedings shall lie (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.
Deemed consent (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.
Articles of Agreement, Discharge and Record of Sea Service Articles of agreement 91. (1) The master of a vessel who is required by the regulations made under this Part to enter into articles of agreement shall
Information (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.
Discharge 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.
Record of sea service 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.
Copies to the Minister (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.
Return and payment of expenses 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.
Exception if insurance (2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid.
If authorized representative does not comply (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.
Desertion or serious violation of contract 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.
Informing the Minister 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.
Death of crew member 97. (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall
Cremation or burial (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.
Exceptional circumstances (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.
Property of a deceased crew member (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.
Obligation of Persons Who Provide Crew Members If an agreement to provide crew members 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
Adjudication by Minister 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.
Regulations 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
Contravention of Act or regulations 101. (1) Every person commits an offence who contravenes
Punishment (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.
Continuing offence (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.
Contravention of Act 102. (1) Every person commits an offence who contravenes
Punishment (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.
Contravention of Act or regulations 103. (1) Every person commits an offence who contravenes
Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
SAFETY
Definition of ''Minister'' 104. In this Part, ''Minister'' means the Minister of Transport.
Canadian vessels and foreign vessels 105. This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.
General duties 106. (1) The authorized representative of a Canadian vessel shall
Duties re Canadian maritime documents (2) The authorized representative of a Canadian vessel shall ensure that
Masters Obtaining Canadian maritime documents 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.
Exemptions 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.
Issuance of certificates by foreign states (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.
Safety of persons 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.
Protection from hazards (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.
Carrying excess number of persons 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.
Submerging load lines (2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged.
Exception to subsection (1) (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.
Compliance with directions 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.
Information to be sent respecting dangers to navigation 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.
Crew Carrying out duties and reporting 113. Every crew member on board a vessel shall
Compliance with directions 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.
Passengers Compliance with directions 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.
Compliance with direction to leave a vessel (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.
Authorized Representatives, Masters, When boarding a vessel prohibited 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
Tampering and vandalism 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.
Jeopardizing safety 118. No person shall take any action that might jeopardize the safety of a vessel or of persons on board.
In accordance with plans 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.
Regulations 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
Application of regulations (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.
Aircraft (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.
Pleasure craft (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.
Contraventions of regulations (5) Despite section 105, paragraph 121(1)(s) applies in respect of contraventions of regulations made under subsection (3) or (4).
Contravention of Act or regulations 121. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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.
Contravention of subsection 110(2) 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.
Contravention of Act 123. (1) Every person commits an offence who contravenes
Punishment (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.
When compliance agreement in effect 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.
NAVIGATION
Definitions 125. The definitions in this section apply in this Part.
''aid to navigation'' « aide à la navigation » ''aid to navigation'' means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation.
''Minister'' « ministre » ''Minister'' means the Minister of Fisheries and Oceans.
''VTS Zone'' « zone STM » ''VTS Zone'' means a Vessel Traffic Services Zone established under paragraph 136(1)(a) .
Entering, leaving or proceeding within a VTS Zone 126. (1) Subject to subsection (4), no vessel of a prescribed class shall
Marine communications and traffic services officers (2) The Minister may designate as marine communications and traffic services officers persons in the federal public administration who meet the requirements specified by the Minister.
Powers of officers (3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,
If vessel unable to communicate (4) If a vessel
Communication and obtaining clearance (5) The master shall
Equipment failure (6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall
Variations from requirements or conditions 127. (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(1)(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.
Contravention (2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.
Aids to navigation vest in Her Majesty 128. All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.
Obligation to report damage 129. (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.
Obligation to report - navigation hazard (2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.
Designation of rescue coordinators 130. (1) The Minister may designate persons as rescue coordinators to organize search and rescue operations.
Power of rescue coordinators (2) On being informed that a person, a vessel or an aircraft 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 that they may be in distress, a rescue coordinator may
Duty to comply (3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).
Answering distress signal 131. (1) Subject to this section, the master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.
Distress signal - no assistance (2) If the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to the assistance of a person, a vessel or an aircraft in distress, the master is not required to proceed to their assistance and is to enter the reason in the official log book of the vessel.
Ships requisitioned (3) The master of any vessel in distress may requisition one or more of any vessels that answer the distress call to render assistance. The master of a requisitioned vessel in Canadian waters and every qualified person who is the master of a requisitioned vessel in any waters shall continue to proceed with all speed to render assistance to the vessel in distress.
Release from obligation (4) The master of a vessel shall be released from the obligation imposed by subsection (1) when the master learns that another vessel is complying with a requisition referred to in subsection (3).
Further release (5) The master of a vessel shall be released from an obligation imposed by subsection (1) or (3) if the master is informed by the persons in distress or by the master of another vessel that has reached those persons that assistance is no longer necessary.
Assistance 132. The master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.
Aircraft treated as if vessel 133. Sections 130 to 132 apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels in Canadian waters, with any modifications that the circumstances require.
Presence on Island 134. No person shall be present on Sable Island unless the person
Designation 135. (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part.
Stopping and boarding a vessel (2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.
Regulations - Minister of Transport 136. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
Regulations - Minister (2) The Governor in Council may, on the recommendation of the Minister, make regulations
Contravention of Act 137. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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.
Defence (3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.
Contravention of Act or regulations 138. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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 $100,000 or to imprisonment for a term of not more than one year, or to both.
Defence available in certain cases (3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.
Vessel may be detained (4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.
Contravention of section 134 139. Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.
INCIDENTS, ACCIDENTS AND CASUALTIES
Definitions 140. The definitions in this section apply in this Part.
''Crown vessel'' « bâtiment appartenant à Sa Majesté » ''Crown vessel'' means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada.
''Minister'' « ministre » ''Minister'' means the Minister of Transport.
Vessels 141. This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.
International Convention on Salvage, 1989 Salvage Convention 142. (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.
Inconsistent laws (2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.
When salvage services may be claimed 143. (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.
Rights and limitations (2) In respect of salvage services that may be claimed under subsection (1),
Time for giving consent (3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.
Evidence of consent (4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.
Claim dismissed if no consent (5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.
Governor in Council may accept offers of settlement 144. (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.
Distribution (2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.
Limitation of Time for Salvage Proceedings Prescription Proceedings within two years 145. (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.
Extension of period by court (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.
Aircraft treated as if vessel 146. The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.
Salvage 147. Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.
Obligations in Case of Collisions Duty of masters in collision 148. If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,
Inquiry into cause of death on board 149. (1) If a person dies on board a Canadian vessel, on the vessel's arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.
Powers of Minister (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,
Warrant required to enter living quarters (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).
Authority to issue warrant (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
Use of force (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Regulations - Minister 150. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
Regulations - Minister and Minister responsible for Parks Canada Agency (2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).
Contravention of paragraph 148(a) or the regulations 151. (1) Every person commits an offence who contravenes
Punishment (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.
Contravention of Act or regulations 152. (1) Every person commits an offence who contravenes
Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
WRECK
Definitions 153. The definitions in this section apply in this Part.
''Minister'' « ministre » '“Minister” means the Minister of Transport.
''wreck'' « épave » ''wreck'' includes
Designation of Receivers of Wreck Designation 154. (1) The Minister may designate persons or classes of persons as receivers of wreck.
Authorization (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.
Immunity (3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.
Duty of persons taking possession of wreck 155. (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,
Notice (2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate. Discretion (3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.
Salvage award 156. (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.
Nature of award (2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.
Prohibition 157. No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.
Delivery of wreck or proceeds of disposition 158. A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and
Interpleader in case of wreck 159. (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.
Maximum award (2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.
When wreck may be disposed of 160. (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,
Proceeds held by receiver of wreck (2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).
Payment to CRF (3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund
Unpaid salvage, fees, expenses 161. If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.
Release of wreck 162. On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.
Regulations - Minister 163. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
Regulations - Minister and Minister responsible for Parks Canada Agency (2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations
Debt due to Her Majesty (3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Contravention of Act or regulations 164. (1) Every person commits an offence who contravenes
Punishment (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.
Prosecutions (3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
POLLUTION PREVENTION AND RESPONSE —
DEPARTMENT OF TRANSPORT Definitions 165. The definitions in this section apply in this Part.
''discharge'' « rejet » ''discharge'' means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.
''Minister'' « ministre » “Minister” means the Minister of Transport.
''oil'' « hydrocarbures » ''oil'' means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.
''oil pollution incident'' « événement de pollution par les hydrocarbures » ''oil pollution incident'' means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.
''pollutant'' « polluant » ''pollutant'' means
Application 166. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.
Exclusion (2) This Part does not apply in respect of a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act.
Definition of ''oil'' and ''gas'' (3) In subsection (2), ''oil'' and ''gas'' have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.
Vessels - requirements 167. (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall
Certain provisions do not apply to certain vessels (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.
Exemption (3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.
Publication (4) Notice of every exemption must be published in the Canada Gazette.
Oil handling facilities- requirements 168. (1) The operator of an oil handling facility of a prescribed class shall
Certain provisions do not apply to prescribed classes (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.
Duty to take reasonable measures - oil handling facilities (3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement
Certificate of designation 169. (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.
Application (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.
Further evidence (3) In addition to the specified information and documents, the Minister may require that an applicant
Period of validity (4) Every certificate is valid for the period specified by the Minister.
Refusal to issue or renew (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.
Suspension and cancellation (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.
Statement of fees 170. (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).
Notice (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.
Charging fees (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.
Fee review (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.
Assistance (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.
Order to amend or eliminate fee (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.
Notice of order (7) The response organization affected by the order must give notice of it in the prescribed manner.
Prescribed procedures, equipment and resources 171. Every response organization shall
Advisory councils 172. (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.
Members (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister's opinion, can represent the communities and interests potentially affected by an oil spill in that area.
Term (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.
President (4) An advisory council must elect one of its members to be its president.
Honoraria and expenses (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.
Recommendations (6) An advisory council is to advise and may make recommendations to the Minister.
Meetings in public (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.
Report to Parliament Review and report by Minister 173. Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.
Pollution Prevention Officers and Pollution Response Officers Designation of pollution prevention officers
Certificate of designation Immunity (3) Pollution prevention officers are not personally liable for anything they do or omit to do in good faith under this Part. Designation of pollution response officer
174.1 (1) The Minister of Fisheries and Oceans may designate any persons
or classes of persons as pollution response officers in respect of discharges or
threats of discharges and may limit in any manner that he or she considers
appropriate the powers that the officers may exercise under this Part. Certificate of designation Immunity (3) Pollution response officers are not personally liable for anything they do or omit to do in good faith under this Part. Powers of pollution prevention officers 175. A pollution prevention officer may
Powers of pollution response officers— general
Powers discharge of pollutant
Disposition of samples Certificate or report (4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.
Certificate Notice Assistance to officer 176. (1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response officer may
Limitation (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).
Authority to issue warrant (3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a pollution prevention officer or a pollution response officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
Use of force (4) No officer executing a warrant may use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Return of documents and things (5) Documents or other things taken under paragraph (1)(h) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.
Detention 177. (1) If a pollution response officer believes on reasonable
grounds that an offence under this Part has been committed by or in respect of a
vessel, he or she may make a detention order in respect of the vessel. Order to be in writing (2) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.
Detention order to be served on master (3) Notice of a detention order made under this section in respect of a vessel must be served on the master
Contents of notice (4) The notice must
Foreign state to be notified (5) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.
Rescission of orders (6) A pollution response officer must
Duty of persons empowered to give clearance (7) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (6).
Movement of vessel prohibited (8) Subject to section 179, no person shall move a vessel that is subject to a detention order made under this section.
Liability for expenses (9) The authorized representative or, if there is no authorized representative, the owner of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.
Return of security (10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,
Interference with service 178. No person shall wilfully interfere with the service of a notice of a detention order.
Direction to move a detained vessel 179. The Minister of Fisheries and Oceans may
Minister may take necessary measures 180. (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, he or she may
Application of proceeds of disposition (2) The proceeds from the sale or other disposal of a vessel or its contents under paragraph (1)(a) must be applied towards meeting the costs and expenses incurred in taking the measures under that paragraph, and any surplus must be paid to the vessel's owner or the owner of the contents of the vessel, as the case may be.
Compensation (3) Compensation shall be paid by Her Majesty in right of Canada for the services of any vessel or person, other than a vessel or the operator of an oil handling facility that had discharged, was discharging or was likely to discharge a pollutant, that has complied with a direction issued under paragraph (1)(c).
Civil or criminal liability 181. (1) A person who is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with the direction or doing anything incidental to it, unless it is shown that the person's conduct was not reasonable in the circumstances.
Civil or criminal liability (2) Response organizations and persons who have been designated in writing by the Minister as approved responders are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result.
Exception (3) Nothing in subsection (1) exempts or lessens the liability of the owner of a vessel for the occurrence that necessitated the response operation.
Definition of ''response operation'' (4) In this section, ''response operation'' means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation.
Regulations 182. 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
Contravention of Act 183. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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 eighteen months, or to both.
Contravention of Act or regulations 184. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
Punishment (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 $100,000 or to imprisonment for a term of not more than one year, or to both.
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