Canada Shipping Act, 2001

Contents

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1Short title#

This Act may be cited as the Canada Shipping Act, 2001.

2Definitions#

The definitions in this section apply in this Act.

adjudicator [Repealed, 2001, c. 29, s. 72]

authorized representative means

(a)in respect of a Canadian vessel, the person referred to in subsection 14(1);

(b)in respect of a fleet registered under Part 2, the person referred to in subsection 75.03(5); and

(c)in respect of a foreign vessel, the master. (représentant autorisé)

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. (affrètement coque nue)

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. (document maritime canadien)

Canadian vessel means a vessel that is registered or listed under Part 2 (Registration, Listing and Recording) or that is exempted under the regulations from the registration requirement in subsection 46(1). (bâtiment canadien)

foreign vessel means a vessel that is not a Canadian vessel or a pleasure craft. (bâtiment étranger)

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. (bâtiment d’État)

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). (jauge brute)

hazardous and noxious substances handling facility means a facility that is used or that will be used in the loading or unloading of hazardous and noxious substances to or from vessels. (installation de manutention de substances nocives et potentiellement dangereuses)

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. (capitaine)

oil handling facility means a facility, including an oil terminal, that is used or that will be 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. (installation de manutention d’hydrocarbures)

passenger means a person carried on a vessel by the owner or operator, other than

(a)a person carried on a Safety Convention vessel who is

(i)the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

(ii)under one year of age;

(b)a person carried on a vessel that is not a Safety Convention vessel who is

(i)the master, a member of the crew or a person employed or engaged in any capacity on board the vessel on the business of that vessel, or

(ii)a guest on board the vessel, if the vessel is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit;

(c)a person carried on a vessel in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented; or

(d)a person of a prescribed class. (passager)

pleasure craft means a vessel that is used for pleasure and does not carry passengers, and includes a vessel of a prescribed class. (embarcation de plaisance)

port authority has the same meaning as in subsection 2(1) of the Canada Marine Act. (administration portuaire)

prescribed means prescribed by regulations made by the Governor in Council. (Version anglaise seulement)

qualified person means

(a)a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

(b)a corporation incorporated under the laws of Canada or a province. (personne qualifiée)

Register means the Canadian Register of Vessels established under section 43. (Registre)

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. (bâtiment assujetti à la Convention sur la sécurité)

Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act. (Tribunal)

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. (bâtiment)

wages includes emoluments. (gages)

^note

3Descriptive cross-references#

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.

4Regulations#

The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.^note

Part 1 · General

Her Majesty

5Binding on Her Majesty#

Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.

Objectives

6Objectives of Act#

The objectives of this Act are to

(a)protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;

(b)promote safety in marine transportation and recreational boating;

(c)protect the marine environment from damage due to navigation and shipping activities;

(d)develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;

(e)promote an efficient marine transportation system;

(f)develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;

(g)ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;

(h)encourage the harmonization of marine practices; and

(i)establish an effective inspection and enforcement program.

Application

7Exclusion#

(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.

(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.

(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.

8Application of this Part#

This Part applies in respect of Canadian vessels everywhere, in respect of foreign vessels in Canadian waters, and in respect of pleasure craft that are not Canadian vessels but that are in Canadian waters or in waters in the exclusive economic zone of Canada. However

(a)regulations made under paragraph 35(1)(d) in respect of pollution also apply, if they so state, in respect of foreign vessels in waters in the exclusive economic zone of Canada; and

(b)subsections 10(2.1) and 35.1(1) also apply in respect of foreign vessels in waters in the exclusive economic zone of Canada.

^note

Ministerial Responsibility

9Role of Minister of Transport#

Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.

Powers of Ministers

10General#

(1)The Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,

(a)establish consultative bodies;

(b)issue bulletins, guidelines and standards; and

(c)enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1) and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.

(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, person, class of persons, master, vessel, class of vessels, operator of an oil handling facility, oil handling facility or class of oil handling facilities, operator of a hazardous and noxious substances handling facility, hazardous and noxious substances handling facility or class of hazardous and noxious substances handling facilities from the application of any provision of this Act, the regulations or an interim order made under subsection 10.1(1) or (1.1), 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 public interest or interest of public health or safety.

(2.1)The Minister of Transport may, with respect to his or her responsibilities under this Act, exempt for a period of not more than three years any person or vessel or class of persons or vessels from the application of any provisions of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of vessels, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection.

(2.2)The Minister of Transport shall publish, on the Department of Transport’s Internet site or by any other means that the Minister of Transport considers appropriate, a notice of every exemption granted under subsection (2.1), as soon as feasible after it is granted.

(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 en route through Canadian waters but is not en route 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.

(4)Notice of every exemption granted under subsection (2), (2.1) or (3) must be published in the Canada Gazette.

(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.

^note

10.1Interim order — Minister of Transport#

(1)The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.

(1.1)The Minister of Transport may, subject to any restrictions or conditions that the Minister may specify, authorize the Deputy Minister of Transport to make, for the purpose referred to in subsection (1), an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister.

(2)An interim order made under this section has effect from the time that it is made or from any later date that may be specified in the interim order, but ceases to have effect on the earliest of

(a)the day on which it is repealed;

(b)the day on which a regulation made under this Act that has the same effect as the interim order comes into force;

(c)one year after the effective date of the interim order or any shorter period that may be specified in the interim order, unless the effective period is extended by the Minister of Transport or the Governor in Council;

(c.1)the day that is specified in the order of the Minister of Transport extending the interim order, if the Minister extends the effective period of the interim order, unless the effective period is extended by the Governor in Council; and

(d)the day that is specified in the order of the Governor in Council, if the Governor in Council extends the effective period of the interim order.

(2.1)If the period specified in the interim order is less than one year, the Minister of Transport may extend the effective period of the interim order for a period that ends no more than one year after the effective date.

(3)The Governor in Council may extend the effective period of the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(c) or after the day referred to in paragraph (2)(c.1).

(4)Every person or vessel subject to an interim order shall comply with it.

(5)No person or vessel may be found guilty of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or vessels likely to be affected by it.

(6)The Statutory Instruments Act does not apply to an interim order or an order extending the interim order. However, any such order must be published in the Canada Gazette within 23 days after it is made.

(7)The Minister of Transport shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after it is made. The copy is to be sent to the Clerk of the House if the House is not sitting.

^note

Inspections by Marine Safety Inspectors and Others

11Appointment of marine safety inspectors#

(1)Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

(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:

(a)inspections of hulls;

(b)inspections of machinery;

(c)inspections of equipment;

(c.1)inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans);

(d)inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and

(e)inspections of cargo.

(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.

(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.

(5)Marine safety inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

^note

12Authorizing others to inspect#

(1)The Minister of Transport may authorize any person, class of persons, 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, class of persons, classification society or other organization is qualified to issue the document or carry out the inspection.

(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).

(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.

(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.

(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.

^note

13Audit#

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

14Authorized representative#

(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.

(2)Subject to subsections (3) and (4), the authorized representative of a Canadian vessel is

(a)in the case of a vessel whose owner has entered into an arrangement with a qualified person, including an operator of the vessel, under which they are responsible for the matters referred to in subsection (1), the qualified person;

(b)in the case of a vessel described in section 48, the bare-boat charterer; or

(c)in any other case, the owner of the vessel.

(3)In the case of a Canadian vessel that is owned by more than one person, the owners must appoint as the authorized representative one of themselves or, in accordance with paragraph (2)(a), a qualified person.

(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

(a)a subsidiary of the corporation incorporated under the laws of Canada or a province;

(b)an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada; or

(c)a ship management company incorporated under the laws of Canada or a province.

(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).

^note

15 #

[Repealed, 2001, c. 29, s. 72] (repealed)

Canadian Maritime Documents

16Application#

(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.

(2)In addition to the specified information or documents, the Minister of Transport may

(a)require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the document have been met;

(b)if the Canadian maritime document is in respect of a person,

(i)set an examination that the person must undergo, and

(ii)administer the examination; and

(c)if the document is in respect of a vessel, require that the vessel or its machinery or equipment undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the document have been met.

(3)No person shall cheat on an examination referred to in paragraph (2)(b).

(4)The Minister of Transport may refuse to issue a Canadian maritime document if

(a)the applicant has not met the requirements for the issuance of the document;

(b)the applicant has acted fraudulently or improperly or has misrepresented a material fact;

(c)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;

(d)the applicant has not paid a fee for services related to the document or has not paid a fine or penalty imposed on them under this Act; or

(e)in the case of a Canadian maritime document applied for under Part 3 (Personnel) by a master or crew member,

(i)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

(ii)the master or crew member has been found guilty of an offence related to their duties on a vessel or has committed a violation in respect of which a notice of violation was issued under paragraph 229(1)(b).

(5)The Minister of Transport must, immediately after refusing to issue a Canadian maritime document, give the applicant a notice

(a)confirming the refusal and providing all relevant information concerning the grounds on which the Minister has refused to issue the document; and

(b)indicating, in the case of a refusal to issue a document under Part 3 (Personnel) on the grounds set out in paragraph (4)(a), (b), (c) or (e), the address at which, and the date, being thirty days after the notice is given, on or before which, the applicant may file a request for a review of the Minister’s decision.

(6)[Repealed, 2001, c. 29, s. 72] (repealed)

16.1Request for review#

(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).

(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.

(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.

(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.

(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.

^note

17Period of validity#

(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.

(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).

18Production of document#

Every holder of a Canadian maritime document shall produce it to the Minister of Transport on demand.

19Lost documents#

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.

20Suspension, cancellation and refusal to renew#

(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 for services related to 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.

(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.

^note

20.1Notice before suspension or cancellation#

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.

^note

20.2Exception#

(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.

(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.

(3)The Minister of Transport may, within 24 hours after the determination, appeal the determination to the Tribunal.

(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.

^note

20.3Notice after suspension, cancellation or refusal to renew#

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.

^note

20.4Request for review#

(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.

(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).

(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.

(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.

(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.

(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.

(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.

^note

20.5Right of appeal#

(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.

(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.

(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.

^note

21Issuance of documents to foreign vessels#

The Minister of Transport may, at the request of the government of a state to which an international convention, protocol or resolution listed in Schedule 1 applies, issue in respect of a vessel registered in that state any document provided for by the convention, protocol or resolution, 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.^note

22Foreign documents#

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

23Destruction of documents, fraud, obstruction and movement of detained vessel#

No person shall

(a)wilfully destroy a document that is required under this Act to be kept;

(b)make or cause to be made a false entry in a log book required under this Act to be kept with intent to mislead or wilfully omit to make an entry;

(c)wilfully obstruct any inspector or other person or classification society or other organization that is exercising powers or performing duties under this Act;

(d)knowingly provide false or misleading information or make a false or misleading statement, either orally or in writing, to a person, classification society or other organization that is exercising powers or performing duties under this Act; or

(e)except as authorized under this Act, wilfully move a vessel that has been detained under this Act.

Tonnage Measurers

24Appointment of tonnage measurers#

The Minister of Transport may appoint persons, to be known as tonnage measurers, to calculate vessels’ tonnage under this Act.

25Fees and travel expenses#

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.

Marine Technical Review Board

26Establishment#

(1)For the purpose of ensuring the safety of the marine industry, the Marine Technical Review Board is established to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person, other than a requirement with respect to fees, charges, costs or expenses.

(2)The Board consists of a Chair, a National Vice-Chair and a maximum of five Regional Vice-Chairs.

(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.

(4)The Vice-Chairs are appointed by the Chair and must be employees of the Department of Transport who have expertise in marine matters.

(5)The Chair may delegate the Chair’s powers and duties to the National Vice-Chair.

(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.

27Striking panels#

(1)When an application is made under subsection 28(1), the Chair must strike a panel of at least three persons.

(2)Each panel consists of the Chair and the persons appointed by the Chair.

(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.

(4)Each panellist may be paid

(a)an amount fixed by the Minister of Transport for each day or part of a day that the panellist is performing duties under section 28, unless they are employed in the federal public administration; and

(b)reasonable travel and living expenses incurred by the panellist in the course of their duties under section 28.

(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.

(6)For greater certainty, a decision of a panel is a decision of the Marine Technical Review Board.

^note

28Application#

(1)Any person may, in respect of a requirement under the regulations or an interim order made under subsection 10.1(1) or (1.1) 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.

(2)An application must be made in the form and manner, include the information and be accompanied by the documents specified by the Board.

(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.

(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.

(5)The Chair is to notify the applicant of the decision to grant or deny the application.

(6)If the decision is to grant the application, the Chair must publish the decision in the manner that the Chair considers appropriate.

(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.

(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.

(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.

(10)The Board must make rules respecting its procedure, with the approval of the Minister of Transport.

(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.

^note

International Conventions, Protocols and Resolutions

29Schedule 1#

(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.

(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.

(3)A convention or protocol includes any code or guideline that is attached to it.

30Additions to Schedule 1 or 2#

(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.

(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.

31Deletions from Schedule 1 or 2#

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.

Incorporation by Reference

32Externally produced material#

(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

(a)an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

(b)an industrial or a trade organization; or

(c)a government, a government agency or an international body.

(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

(a)with any adaptations of form and reference that will facilitate its incorporation into the regulation; or

(b)in a form that sets out only the parts of the material that apply for the purposes of the regulation.

(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.

(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

(a)specifications, classifications, illustrations, graphs and other information of a technical nature; and

(b)test methods, procedures, operational standards, safety standards and performance standards of a technical nature.

(4.01)A regulation made under paragraph 35.1(1)(k), 120(1)(f) or (k), 136(1)(a), (f) or (g) or 190(1)(a) may incorporate by reference material that the Minister of Transport produces.

(4.1)A regulation made under this Act on the recommendation of the Minister of Transport or on the joint recommendation of that Minister and the Minister of Natural Resources may incorporate by reference material produced by the Minister of Transport that varies material incorporated by reference under subsection (1).

(5)Material referred to in subsections (1) to (4.01) may be incorporated by reference as amended from time to time or as it exists on a particular date. Material referred to in subsection (4.1) that is to be incorporated by reference must be incorporated as it exists on a particular date.

(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.

(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.

^note

33Defence#

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,

(a)the material was reasonably accessible to the person or vessel;

(b)reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or

(c)the material had been published in the Canada Gazette.

Orders and Directions

34In writing#

(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.

(2)An order or direction referred to in subsection (1) is not a statutory instrument as defined in the Statutory Instruments Act.

^note

Regulations

35Regulations — Minister of Transport#

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

(a)[Repealed, 2001, c. 29, s. 72] (repealed)

(b)respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of Canadian maritime documents;

(c)[Repealed, 2001, c. 29, s. 72] (repealed)

(d)implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 1, as amended from time to time, including regulations

(i)implementing it in respect of persons, vessels, oil handling facilities or hazardous and noxious substances handling facilities to which it does not apply,

(ii)establishing stricter standards than it sets out, or

(iii)establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

(e)respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

(f)respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

(g)respecting fees, charges, costs and expenses to be paid in relation to

(i)the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and

(ii)the enforcement of any of those Parts or regulations;

(h)specifying the services for the purposes of paragraph 36.1(1)(d); and

(i)specifying the services to which section 36.1 does not apply or the circumstances in which that section does not apply.

(2)For greater certainty, regulations made under paragraph (1)(d) in respect of preventing collisions may apply to aircraft on or over Canadian waters.

(3)The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

(a)implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations

(i)implementing it in respect of persons or vessels to which it does not apply,

(ii)establishing stricter standards than it sets out, or

(b)respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

(c)respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

(d)respecting the setting and payment of fees for services provided in the administration of

(i)Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

(ii)regulations made under subsection 136(2).

^note

35.1Regulations — protection of marine environment#

(1)The Governor in Council may, on the recommendation of the Minister of Transport, make regulations respecting the protection of the marine environment from the impacts of navigation and shipping activities, including regulations

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

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

(c)respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of the machinery, equipment and supplies of vessels or classes of vessels;

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

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

(f)specifying the terms and conditions of certificates referred to in paragraph (e);

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

(h)respecting procedures and practices that are to be followed;

(i)respecting the development, maintenance and implementation of a management system that sets out the manner in which marine environment protection measures are to be integrated into day-to-day navigation and shipping operations and the criteria to which that management system is to conform as well as the components that are to be included in the system;

(j)respecting compulsory routes and recommended routes;

(k)regulating or prohibiting the operation, navigation, anchoring, mooring or berthing of vessels or classes of vessels; and

(l)regulating or prohibiting the loading or unloading of a vessel or a class of vessels.

(2)A regulation made under any of paragraphs (1)(h), (j) and (k) may

(a)authorize the Minister of Transport to amend, by order, that regulation; and

(b)set out the terms and conditions under which the regulation may be amended by that order.

(3)An order referred to in subsection (2) has effect from the time that it is made and ceases to have effect on the earliest of

(a)the day on which it is repealed; and

(b)one year after the order is made or any shorter period that may be specified in the order.

(4)The Statutory Instruments Act does not apply to an order referred to in subsection (2).

(5)The Minister of Transport shall publish, on the Department of Transport’s Internet site or by any other means that the Minister of Transport considers appropriate, a notice of every order referred to in subsection (2), as soon as feasible after it is made.

^note

Fees, Charges, Costs and Expenses

36Debt due to His Majesty#

(1)All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

(2)If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d)

(a)in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it;

(b)in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and

(c)in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it.

(3)If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner 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.

(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.

^note

36.01Agreement — cost recovery#

(1)The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee, charge, cost or expense.

(2)If both an agreement entered into under subsection (1) and a regulation made under paragraph 35(1)(g) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

(3)When the Minister of Transport enters into an undertaking in respect of a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

(4)All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

(5)The Minister of Transport may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

^note

36.1Services provided by third parties#

(1)Unless otherwise provided in the regulations, any person or organization that provides, in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c), any of the following services may, if that person or organization is not part of the federal public administration, set the fees to be paid to it for those services:

(a)services related to a Canadian maritime document;

(b)services related to any approvals or certifications;

(c)the conduct or witnessing of tests; and

(d)services specified in the regulations.

(2)Unless otherwise provided in the regulations, the fees referred to in subsection (1) are not public money within the meaning of the Financial Administration Act and the Service Fees Act does not apply in respect of them.

(3)Unless otherwise provided in the regulations, the regulations made under paragraph 35(1)(g) do not apply in respect of any service referred to in any of paragraphs (1)(a) to (d) that is provided by any person or organization that is not part of the federal public administration in the exercise of powers or the performance of duties under this Act in accordance with an agreement or arrangement entered into by the Minister of Transport under paragraph 10(1)(c).

^note

Offences and Punishment

37Contravention of section 23#

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.

38Contravention of regulations made under paragraph 35(1)(d) or (3)(a)#

(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.

(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.

39Contravention of Act#

(1)Every person commits an offence who contravenes

(a)subsection 17(2) (improper possession of a Canadian maritime document); or

(b)subsection 28(7) (inform Chair without delay).

(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.

40Contravention of Act or regulations#

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

(a)subsection 16(3) (cheating on an exam);

(b)section 18 (failure to produce Canadian maritime document);

(c)subsection 20(2) (failure to return suspended or cancelled Canadian maritime document); and

(d)a provision of the regulations made under paragraph 35(1)(e) or (3)(b).

(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 $25,000.

^note

40.1Contravention of interim order or regulations#

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

(a)subsection 10.1(4) (compliance with interim order); or

(b)a provision of a regulation made under subsection 35.1(1).

(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.

^note

Part 2 · Registration, Listing and Recording

Interpretation

41Definition of Minister#

In this Part, Minister means the Minister of Transport.

Canadian Register of Vessels and Registrars

42Appointment of Chief Registrar#

An officer, to be known as the Chief Registrar, is to be appointed or deployed under the Public Service Employment Act.

43Duties and powers of Chief Registrar#

(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.

(2)The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian vessel or a fleet that is registered under this Part, including its description, its official number, the name and address of its owner and, in the case of a vessel that is not registered in the small vessel register, details of all mortgages registered in respect of it.

^note

44Registrars#

(1)The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.

(2)A registrar is to perform the duties and fulfil the responsibilities that the Chief Registrar assigns to the registrar.

45Immunity#

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

46Mandatory registration of vessels#

(1)Unless it is exempted under the regulations, a vessel must be registered under this Part if it

(a)is not a pleasure craft;

(b)is wholly owned by qualified persons; and

(c)is not registered, listed or otherwise recorded in a foreign state.

(2)Every owner of a vessel that is required by subsection (1) to be registered under this Part shall ensure that it is so registered.

(3)Every government vessel must be registered under this Part.

^note

47Optional registration#

Unless they are registered, listed or otherwise recorded in a foreign state, the following vessels may be registered under this Part:

(a)a pleasure craft that is wholly owned by qualified persons;

(a.1)a vessel that is exempted under the regulations from the registration requirement in subsection 46(1) and that is wholly owned by qualified persons;

(b)a vessel that is owned by a corporation incorporated under the laws of a foreign state if one of the following is acting with respect to all matters relating to the vessel, namely,

(i)a subsidiary of the corporation incorporated under the laws of Canada or a province,

(ii)an employee or a director in Canada of a branch office of the corporation that is carrying on business in Canada, or

(iii)a ship management company incorporated under the laws of Canada or a province; and

(c)a vessel that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.

^note

48Bare-boat chartered vessels#

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.

49Vessels under construction#

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.

50Vessels built outside Canada#

Notwithstanding sections 46 to 48, the Minister may direct the Chief Registrar to refuse to register or list a vessel built outside Canada.

Application

51Application#

(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.

(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

52Before registration or listing#

(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.

(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.

(3)The Chief Registrar must disallow a name if

(a)it is the same as the name of a Canadian vessel;

(b)it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian vessel or with a distress signal;

(c)it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or

(d)its use is prohibited under an Act of Parliament.

(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.

Ownership of Vessels

53Shares#

(1)For the purposes of registration, the property in a vessel is divided into 64 shares.

(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.

(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.

(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.

(5)No more than five persons may be registered in the Register as joint owners of a vessel or a share in a vessel.

(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.

(7)No person may be registered as the owner of a fractional part of a share in a vessel.

(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.

(9)No notice of a trust may be entered in the Register.

Certificates

54Certificates of registry#

(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.

(2)Every certificate of registry in respect of a vessel must contain the information specified by the Chief Registrar, including

(a)its description;

(b)its official number; and

(c)the name and address of

(i)in the case of a vessel described in paragraph 47(b) (a vessel owned by a foreign corporation), the authorized representative,

(ii)in the case of a vessel described in section 48 (a bare-boat chartered vessel), the bare-boat charterer, and

(iii)in any other case, its owner and the authorized representative.

(3)Every certificate of registry is valid for the period specified by the Chief Registrar.

55Provisional certificates#

(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

(a)the vessel is in a foreign port and a person intends to register it under this Part; or

(b)the vessel is in a port in Canada and the Chief Registrar is satisfied that permission to operate the vessel should be granted before a certificate of registry can be issued.

(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.

(3)A provisional certificate is valid for the purpose and the period specified by the Chief Registrar.

(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.

56Lost certificates#

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 or owner in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar.^note

56.1Refusal to issue, renew or amend certificate#

Despite any other provision of this Act, the Chief Registrar may refuse to issue, in respect of a vessel, a certificate of registry, a provisional certificate or a replacement certificate of registry or provisional certificate, or to renew a certificate of registry or to amend one under paragraph 73(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense under this Act or the Wrecked, Abandoned or Hazardous Vessels Act in respect of that vessel.^note

Marking

57Marking#

(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.

(2)A vessel’s certificate of registry is not valid until the vessel has been marked in accordance with subsection (1).

(3)The authorized representative shall ensure that the vessel is kept marked.

(4)No person shall wilfully deface, alter, conceal or remove the markings of a Canadian vessel.

Notifying Chief Registrar

58Notification of changes#

(1)The authorized representative of a Canadian vessel shall notify the Chief Registrar within 30 days after any of the following occurs:

(a)the vessel is lost, wrecked or removed from service;

(b)there has been a change in the owner’s, the authorized representative’s or a registered mortgagee’s name or address;

(c)the information provided with the application under section 51 has changed; or

(d)in the case of a vessel described in section 48 (a bare-boat chartered vessel),

(i)the right to fly the flag of the foreign state is reinstated, or

(ii)the charterer ceases to have complete control and possession of the vessel.

(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.

(3)If for any reason a Canadian vessel does not have an authorized representative, its owner shall

(a)notify the Chief Registrar of that fact as soon as possible in the circumstances; and

(b)notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

(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.

^note

Maintenance of Register

59Amendments#

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

60Suspension and cancellation#

(1)Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian vessel if

(a)it is not marked in accordance with subsection 57(1);

(b)its certificate of registry has expired;

(c)it does not have an authorized representative; or

(d)section 58 has not been complied with.

(2)Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian vessel if

(a)it has been lost, wrecked or removed from service;

(b)it is no longer required or entitled to be registered or entitled to be listed under this Part; or

(c)in the case of a registered vessel, a tonnage certificate provided by a tonnage measurer indicates that the vessel should be re-registered.

(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

(a)notice of the change in ownership; and

(b)an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the vessel or shares in the vessel to a qualified person or to make an application under section 74.

(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.

61Registration of mortgages not affected#

The cancellation of the registration of a vessel does not affect the registration of mortgages in respect of the vessel.

62Reinstatement#

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

63Carrying on board#

(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.

(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.

(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.

(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.

Rights and Obligations

64Right to fly Canadian flag#

(1)A Canadian vessel has the right to fly the Canadian 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

(a)when signalled to do so by a government vessel or a vessel under the command of the Canadian Forces; or

(b)when entering or leaving, or while moored at or anchored in, a port.

(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.

Mortgages

65Mortgage of vessel or share#

(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.

(2)A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.

(3)A mortgage is to be registered in the order in which it is filed, indicating the date and time of registration.

66Entry of discharge of mortgage#

On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.

67Priority of mortgages#

(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.

(2)The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.

68Mortgagee not treated as owner#

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.

69Mortgagee has power of sale#

(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.

(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.

70Mortgage not affected by bankruptcy#

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.

71Transfer of mortgages#

(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.

(2)The Chief Registrar is to enter the particulars of the transfer in the Register.

72Transmission of interest of mortgagee#

(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.

(2)The Chief Registrar is to enter the particulars of the transmission in the Register.

Transfers of Vessels or Shares in Vessels

73Transfer#

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,

(a)the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the vessel is required or entitled to be so registered; and

(b)the Chief Registrar must amend the Register and the vessel’s certificate of registry to reflect the change.

74Order for sale on acquisition by an unqualified person#

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 financing 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.

75Power of court to prohibit transfer#

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.

Fleets

75.01Application for fleet#

(1)An applicant may, instead of applying to have vessels individually registered in the small vessel register, apply to register a group of two or more vessels as a fleet in that register.

(2)The application must be made in the form and manner, include the information and be accompanied by the documents specified by the Chief Registrar.

(3)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 the group of vessels may be registered as a fleet.

^note

75.02Registration — fleet#

(1)The Chief Registrar may register a group of two or more vessels as a fleet if he or she is satisfied that

(a)all of the vessels are owned by the same owner;

(b)each vessel meets the requirements for registration in the small vessel register; and

(c)each vessel meets any other requirement — including with respect to a vessel’s dimensions, usage or propulsion — that the Chief Registrar may establish for the vessels of a fleet.

(2)A fleet that is accepted for registration must be registered in the small vessel register.

^note

75.03Certificate of registry#

(1)The Chief Registrar must issue a certificate of registry in respect of a fleet that he or she registers, and the certificate is valid for the period that he or she specifies.

(2)A certificate of registry in respect of a fleet must contain the information specified by the Chief Registrar, including

(a)a description of the fleet;

(b)the fleet’s official number; and

(c)the name and address of the owner and the authorized representative of the fleet.

(3)In the fleet’s description, the Chief Registrar must specify either the number of vessels that are to be part of the fleet or the minimum and maximum numbers of vessels that can be part of it.

(4)The fleet’s official number is also the official number of each vessel of that fleet.

(5)The authorized representative of a fleet is the authorized representative, as determined under section 14, of the vessels of that fleet and must be the same authorized representative for all of the fleet’s vessels.

(6)[Repealed, 2023, c. 26, s. 367] (repealed)

(7)The owner of a fleet is bound by the acts or omissions of the authorized representative of the fleet with respect to all matters assigned by this Act to that representative.

^note

75.031Refusal to issue, renew or amend certificate#

Despite any other provision of this Act, the Chief Registrar may refuse to issue or renew a certificate of registry in respect of a fleet, or to amend one under paragraph 75.14(b), if the applicant for, or holder of, the certificate is in default of payment of a required fee, charge, cost or expense in respect of that fleet or a vessel of that fleet under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.^note

75.04Addition or removal of vessels#

Subject to subsection 75.1(2), an owner of a fleet may, after the fleet is registered, add a vessel to the fleet or remove a vessel from it. However, any vessel that is to be added must

(a)be owned by the same owner as all of the other vessels of the fleet;

(b)satisfy the conditions set out in paragraphs 75.02(1)(b) and (c); and

(c)fit within the description or particulars set out in the fleet’s certificate of registry.

^note

75.05Vessels registered#

(1)Subject to subsection (2), a vessel that is or becomes part of a fleet is considered to be registered under this Part and, for greater certainty, is a Canadian vessel.

(2)Unless it becomes part of another fleet, such a vessel ceases to be registered under this Part if

(a)there is a change in its ownership; or

(b)it is altered to the extent that it no longer fits within the description or particulars set out in the fleet’s certificate of registry.

^note

75.06Cancellation of individual registration#

The Chief Registrar may cancel the registration of a Canadian vessel if the vessel becomes part of a fleet.^note

75.07Non-application of provisions#

The following provisions do not apply in respect of a fleet or a vessel of a fleet:

(a)subsections 57(2) and (3);

(b)section 58;

(c)section 60;

(d)section 62;

(e)subsections 63(1) and (2);

(f)section 73.

^note

75.08For greater certainty#

(1)For greater certainty, the following provisions apply in respect of a fleet or a vessel of a fleet:

(a)section 56;

(b)subsections 57(1) and (4);

(c)subsections 63(3) and (4).

(2)Section 59 applies in respect of a fleet, except that the reference to “section 58” is to be read as a reference to “section 75.1”.

^note

75.09Marking — validity of fleet’s certificate of registry#

(1)A fleet’s certificate of registry is not valid unless each of the fleet’s vessels has been marked in accordance with subsection 57(1).

(2)The authorized representative of a fleet shall ensure that each of the fleet’s vessels is kept marked.

^note

75.1Notification of changes — name and address#

(1)The authorized representative of a fleet shall notify the Chief Registrar within 30 days after there has been a change in the owner’s or authorized representative’s name or address.

(2)If the number of vessels in a fleet changes to the extent that the fleet no longer corresponds with its description set out on the certificate of registry, its authorized representative shall, within 30 days after the change in number, notify the Chief Registrar and provide him or her with the relevant information and documents.

(3)If for any reason a fleet does not have an authorized representative, its owner shall

(a)notify the Chief Registrar of that fact as soon as possible in the circumstances; and

(b)notify the Chief Registrar within 30 days after any event referred to in subsection (1) or (2) occurs.

^note

75.11Suspension and cancellation#

(1)Subject to the regulations, the Chief Registrar may suspend or cancel the registration of a fleet if

(a)any one of the fleet’s vessels is not marked in accordance with subsection 57(1);

(b)the fleet’s certificate of registry has expired;

(c)the fleet does not have an authorized representative; or

(d)section 75.1 has not been complied with.

(2)Subject to the regulations, the Chief Registrar must cancel the registration of a fleet if it no longer qualifies for registration under this Part.

(3)The Chief Registrar must cancel the registration of a fleet if a person who acquires the fleet does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the fleet still qualifies for registration under this Part.

^note

75.12Reinstatement#

The Chief Registrar may reinstate the registration of a fleet if, in his or her opinion, the registration of the fleet should not have been cancelled.^note

75.13Delivery of certificate#

A person who is in possession of a fleet’s certificate of registry shall deliver it to the person who is entitled to operate the fleet.^note

75.14Change of ownership#

If the ownership of a fleet changes and the fleet still qualifies to be registered under this Part,

(a)the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the fleet still qualifies to be so registered; and

(b)the Chief Registrar must amend the Register and the certificate of registry to reflect the change.

^note

Entries

76Copies of entries#

A person may examine or obtain copies of any entries in the Register with respect to a vessel or fleet.^note

Regulations

77Regulations#

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

(a)respecting the registration of vessels and fleets and the listing and recording of vessels;

(b)respecting the issuance and renewal of certificates of registry;

(c)respecting the suspension and cancellation of the registration of a Canadian vessel or a fleet, and the suspension and cancellation of the listing of a Canadian vessel;

(d)respecting the naming and marking of vessels;

(e)respecting the port of registration;

(f)respecting the form and manner of notifying the Chief Registrar under sections 58 and 75.1;

(g)respecting the evidence that owners of vessels previously registered in a foreign state must provide to prove that the vessels are no longer registered in the foreign state;

(h)respecting the calculation of the tonnage of vessels and the issuance of certificates of tonnage; and

(h.1)respecting the exemption of vessels or classes of vessels from the registration requirement in subsection 46(1);

(h.2)authorizing the Minister to exempt, by order, vessels or classes of vessels from the registration requirement in subsection 46(1) for the period specified in the regulations and on any terms and conditions that he or she considers appropriate, if he or she is of the opinion that the exemption is not likely to adversely affect marine safety, and authorizing the Minister to amend or revoke an exemption;

(h.3)respecting an authorization under paragraph (h.2); and

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

^note

Offences and Punishment

78Contravention of Act or regulations#

(1)Every person commits an offence who contravenes

(a)subsection 57(4) (wilfully defacing, altering, concealing or removing markings); or

(b)a provision of the regulations made under paragraph 77(h).

(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.

79Contravention of Act or regulations#

(1)Every person commits an offence who contravenes

(a)subsection 46(2) (register vessel);

(b)an order made under subsection 52(4) (renaming of vessel);

(c)subsection 57(1) (mark vessel);

(d)subsection 57(3) (maintenance of markings);

(e)subsection 58(1) (notify of changes — authorized representative);

(f)subsection 58(2) (notify of alteration — authorized representative);

(g)subsection 58(3) (notify if no authorized representative — owner);

(h)subsection 58(4) (notify of completion of construction);

(i)subsection 63(1) (operation of vessel without a certificate on board);

(j)subsection 63(2) (deliver certificate to person entitled to operate vessel);

(k)subsection 63(3) (deliver certificate to Chief Registrar);

(l)subsection 64(2) (fly Canadian flag);

(l.1)subsection 75.09(2) (maintenance of markings);

(l.2)subsection 75.1(1) (notification of changes — name and address);

(l.3)subsection 75.1(2) (notification of changes — number of vessels);

(l.4)subsection 75.1(3) (notification of changes — owner);

(l.5)section 75.13 (delivery of certificate); or

(m)a provision of the regulations made under any of paragraphs 77(a) to (g).

(2)Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

(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.

^note

Part 3 · Personnel

Interpretation

80Definition of Minister#

In this Part, Minister means the Minister of Transport.

Application

81Canadian vessels#

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

82Presentation of documents#

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

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

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

83Detention of persons#

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

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

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

Stowaways and Other Persons

84Liable for discipline#

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.

Contract of Employment

85Masters’ contracts#

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

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

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

Liens and Claims

86Liens#

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

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

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

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

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

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

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

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

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

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

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

Certificates

87Positions on board Canadian vessels#

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.^note

88Eligibility#

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

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

^note

89Acceptance of foreign certificates#

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

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

^note

Medical or Optometric Information

90Minister to be provided with information#

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

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

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

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

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

^note

Articles of Agreement, Discharge and Record of Sea Service

91Articles of agreement#

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

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

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

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

92Discharge#

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.

93Record of sea service#

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

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

Return of Crew Members

94Return and payment of expenses#

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

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

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

95Desertion or serious violation of contract#

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.

Births and Deaths

96Informing the Minister#

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.

97Death of crew member#

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

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

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

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

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

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

Obligation of Persons Who Provide Crew Members

98If an agreement to provide crew members#

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

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

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

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

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

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

Resolution of Disputes

99Adjudication by Minister#

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

Regulations

100Regulations#

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

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

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

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

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

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

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

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

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

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

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

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

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

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

^note

Offences and Punishment

101Contravention of Act or regulations#

(1)Every person commits an offence who contravenes

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

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

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

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

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

102Contravention of Act#

(1)Every person commits an offence who contravenes

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

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

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

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

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

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

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

103Contravention of Act or regulations#

(1)Every person commits an offence who contravenes

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

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

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

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

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

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

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

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

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

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

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

(2)Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

^note

Part 4 · Safety

Interpretation

104Definition of Minister#

In this Part, Minister means the Minister of Transport.

Application

105Canadian vessels and foreign vessels#

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

Authorized Representatives

106General duties#

(1)The authorized representative of a Canadian vessel shall

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

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

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

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

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

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

Masters

107Obtaining Canadian maritime documents#

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.

108Exemptions#

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

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

109Safety of persons#

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

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

110Carrying excess number of persons#

(1)The master of a vessel must 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, protocol or resolution listed in Schedule 1.

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

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

^note

111Direction to cease — master#

(1)The Minister may direct a master to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.

(2)The Minister may direct a master to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to

(a)provide the Minister with any information that the Minister considers appropriate to assess or deal with risks to marine safety;

(b)proceed by the route and in the manner that the Minister specifies; and

(c)proceed to a place that the Minister selects, by the route and in the manner that the Minister specifies, and

(i)unload the vessel’s cargo, or

(ii)moor, anchor or remain there for any reasonable period that the Minister specifies.

(3)The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (2)(c) to proceed to the place selected by the Minister and to

(a)unload the cargo; or

(b)moor, anchor or remain there for any reasonable period that the Minister may specify.

^note

112Information to be sent respecting dangers to navigation#

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

113Carrying out duties and reporting#

Every crew member on board a vessel shall

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

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

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

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

114Direction to cease — crew#

(1)The Minister may direct a crew member on board a vessel to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.

(2)The Minister may direct a crew member on board a vessel to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to provide the Minister with any information that the Minister considers appropriate to support assessing or addressing risks to marine safety.

^note

Passengers

115Compliance with directions#

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

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

Authorized Representatives, Masters, Crew Members and Other Persons

116When boarding a vessel prohibited#

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

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

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

^note

117Tampering and vandalism#

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

118Jeopardizing safety#

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

Construction of Vessels

119In accordance with plans#

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

120Regulations#

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

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

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

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

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

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

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

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

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

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

(j)respecting compulsory routes and recommended routes;

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

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

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

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

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

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

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

(r)respecting shore-based gangways;

(s)respecting cargo;

(s.1)respecting arrangements for emergency services, including requiring vessels or classes of vessels to enter into such arrangements; and

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

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

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

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

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

^note

Offences and Punishment

121Contravention of Act or regulations#

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

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

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

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

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

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

(f)section 107 (obtain Canadian maritime documents);

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

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

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

(j)a direction given under subsection 111(1) (direction to cease — master);

(j.1)a direction given under subsection 111(2) (direction to take measures — master);

(j.2)a direction given under subsection 111(3) (direction to authorize vessel);

(k)section 112 (inform of danger);

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

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

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

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

(o.1)a direction given under subsection 114(2) (direction to take measures — crew);

(p)section 117 (tampering or vandalism);

(q)section 118 (jeopardizing safety);

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

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

^note

122Contravention of subsection 110(2)#

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.

123Contravention of Act#

(1)Every person commits an offence who contravenes

(a)a direction given under subsection 114(1) (direction to cease — crew);

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

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

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

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

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

^note

124When compliance agreement in effect#

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.

Part 5 · Navigation Services

Interpretation

125Definitions#

The definitions in this section apply in this Part.

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. (aide à la navigation)

Minister means the Minister of Fisheries and Oceans. (ministre)

VTS Zone means a Vessel Traffic Services Zone established under paragraph 136(1)(a). (zone STM)

Vessel Traffic Services

126Entering, leaving or proceeding within a VTS Zone#

(1)Subject to subsection (4), no vessel of a prescribed class shall

(a)enter, leave or proceed within a VTS Zone without having previously obtained a clearance under this section; or

(b)proceed within a VTS Zone unless able to maintain direct communication with a marine communications and traffic services officer in accordance with the regulations.

(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.

(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,

(a)grant a clearance to the vessel to enter, leave or proceed within the VTS Zone;

(b)direct the master, pilot or person in charge of the deck watch of the vessel to provide, in the manner and at any time that may be specified in the direction, any pertinent information in respect of the vessel that may be specified in the direction;

(c)direct the vessel to use any radio frequencies in communications with coast stations or any other vessel that may be specified in the direction; and

(d)direct the vessel, at the time, between the times or before or after any event that may be specified in the direction,

(i)to leave the VTS Zone,

(ii)to leave or refrain from entering any area within the VTS Zone that may be specified in the direction, or

(iii)to proceed to or remain at any location within the VTS Zone that may be specified in the direction.

(4)If a vessel

(a)is unable to obtain a clearance required by subsection (1) because of an inability to establish direct communication with a marine communications and traffic services officer, or

(b)after obtaining a clearance, is unable to maintain direct communication with a marine communications and traffic services officer,

the vessel may, subject to subsection (6), nevertheless proceed on its route.

(5)The master shall

(a)in the circumstances described in subsection (4), take all reasonable measures to communicate with a marine communications and traffic services officer as soon as possible; and

(b)in the circumstances described in paragraph (4)(a), obtain a clearance as soon as possible after direct communication is established.

(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

(a)if it is in a port or anchorage where the equipment can be repaired, remain there until it is able to establish communication in accordance with the regulations; and

(b)if it is not in a port or anchorage where the equipment can be repaired, proceed to the nearest reasonably safe port or anchorage on its route when it is safe to do so and remain there until it is able to establish communication in accordance with the regulations.

^note

127Variations from requirements or conditions#

(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.

(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

128Aids to navigation vest in Her Majesty#

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.

129Obligation to report damage#

(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.

(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.

^note

Search and Rescue

130Designation — search and rescue mission coordinators#

(1)The Minister may designate persons as search and rescue mission coordinators to organize search and rescue operations.

(2)On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters, in the exclusive economic zone of Canada or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may

(a)direct all vessels within an area that the search and rescue mission coordinator specifies to report their positions;

(b)direct any vessel to take part in a search for that person, vessel or aircraft or to otherwise render assistance;

(c)give any other directions that the search and rescue mission coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

(d)use any lands if it is necessary to do so for the purpose of saving the life of a shipwrecked person.

(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).

^note

131Answering distress signal#

(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.

(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.

(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.

(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).

(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.

132Assistance#

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.

133Aircraft treated as if vessel#

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.

134 #

[Repealed, 2013, c. 28, s. 9] (repealed)

Enforcement

135Designation#

(1)The Minister may designate any person or class of persons for the purposes of enforcing this Part.

(1.1)The Minister of Transport may designate any person or class of persons for the purposes of enforcing a provision of this Part or of a regulation made under this Part that the Minister of Transport is responsible for administering.

(2)A person, or a member of a class of persons, designated under subsection (1) or (1.1) 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.

^note

Regulations

136Regulations — Minister of Transport#

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

(a)establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

(b)respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

(c)respecting the conditions under which a clearance under section 126 is to be granted;

(d)defining the expression about to enter for the purpose of this Part;

(e)respecting aids to navigation in Canadian waters;

(f)regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;

(g)respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

(h)specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and

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

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

(a) and (b)[Repealed, 2013, c. 28, s. 10] (repealed)

(c)respecting maritime search and rescue.

(3)The Minister of Transport may, by order, suspend or modify the operation of regulations made under paragraph (1)(f) or (g).

(4)An order made under subsection (3) has effect from the time that it is made or from any later date that may be specified in the order but ceases to have effect on the earliest of

(a)the day on which it is repealed;

(b)the day on which a regulation made under this Act that has the same effect as the order comes into force; and

(c)two years after the effective date of the order or any shorter period that may be specified in the order.

(5)The Statutory Instruments Act does not apply to an order made under subsection (3). However, the order must be published in the Canada Gazette within 23 days after it is made.

^note

Offences and Punishment

137Contravention of Act#

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

(a)subsection 131(1) (assist persons in distress);

(b)subsection 131(3) (comply with requisition to assist person in distress); or

(c)section 132 (assist a person found at sea).

(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.

138Contravention of Act or regulations#

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

(a)paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

(b)paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

(c)a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

(d)paragraph 126(5)(a) (take all reasonable measures to communicate);

(e)paragraph 126(5)(b) (obtain clearance);

(f)subsection 126(6) (remain at port or proceed to safe port);

(g)subsection 129(1) (report disturbance of aid to navigation);

(h)subsection 129(2) (report navigation hazard);

(i)subsection 130(3) (comply with direction of search and rescue mission coordinator); or

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

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

(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.

(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.

^note

139 #

[Repealed, 2013, c. 28, s. 11] (repealed)

Part 6 · Incidents, Accidents and Casualties

Interpretation

140Definition of Minister#

In this Part, Minister means the Minister of Transport.^note

141 #

[Repealed, 2019, c. 1, s. 143] (repealed)

142 #

[Repealed, 2019, c. 1, s. 143] (repealed)

143 #

[Repealed, 2019, c. 1, s. 143] (repealed)

144 #

[Repealed, 2019, c. 1, s. 143] (repealed)

145 #

[Repealed, 2019, c. 1, s. 143] (repealed)

146 #

[Repealed, 2019, c. 1, s. 143] (repealed)

147 #

[Repealed, 2019, c. 1, s. 143] (repealed)

Obligations in Case of Collisions

148Duty of masters in collision#

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,

(a)render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

(b)give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

149Inquiry into cause of death on board#

(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.

(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,

(a)go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

(b)enter and inspect any premises at any reasonable time.

(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).

(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

(a)is necessary for the purpose of an inquiry; and

(b)has been refused or there are reasonable grounds for believing that it will be refused.

(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

150Regulations — Minister#

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

(a)respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

(b)[Repealed, 2019, c. 1, s. 144] (repealed)

(c)respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

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

(2)[Repealed, 2019, c. 1, s. 144] (repealed)

^note

Offences and Punishment

151Contravention of paragraph 148(a) or the regulations#

(1)Every person commits an offence who contravenes

(a)paragraph 148(a) (render assistance after a collision); or

(b)a provision of the regulations made under paragraph 150(1)(a).

(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.

152Contravention of Act or regulations#

(1)Every person commits an offence who contravenes

(a)paragraph 148(b) (failure to provide information after a collision); or

(b)a provision of the regulations made under paragraph 150(1)(c).

(2)Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

^note