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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Marginal note:Aircraft 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.

Sable Island

Marginal note:Presence on Island

 No person shall be present on Sable Island unless the person

  • (a) has been so authorized in writing by the Minister and meets any terms and conditions specified in the authorization;

  • (b) is there to perform duties on behalf of the Government of Canada; or

  • (c) landed on the Island because of adverse weather conditions or the wreck or distress of a vessel or an aircraft that the person was on.

Enforcement

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

  • Marginal note:Stopping and boarding a vessel

    (2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.

Regulations

Marginal note:Regulations — Minister
  •  (1) The Governor in Council may, on the recommendation of the Minister, 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) respecting the administration and control of Sable Island;

    • (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 paragraph (f) or (g) and specifying their powers and duties;

    • (i) respecting maritime search and rescue; and

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

  • Marginal note:Regulations — Minister and Minister of Transport

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

Offences and Punishment

Marginal note:Contravention 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).

  • Marginal note:Punishment

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

  • Marginal note:Defence

    (3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.

Marginal note:Contravention 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 rescue coordinator); or

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

  • Marginal note:Punishment

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

  • Marginal note:Defence available in certain cases

    (3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

  • Marginal note:Vessel may be detained

    (4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

Marginal note:Contravention of section 134

 Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.

PART 6INCIDENTS, ACCIDENTS AND CASUALTIES

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

“Crown vessel”

« bâtiment appartenant à Sa Majesté »

“Crown vessel” means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

Application

Marginal note:Vessels

 This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.

Salvage

International Convention on Salvage, 1989

Marginal note:Salvage Convention
  •  (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

  • Marginal note:Inconsistent laws

    (2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

Salvage by Crown Vessels

Marginal note:When salvage services may be claimed
  •  (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

  • Marginal note:Rights and limitations

    (2) In respect of salvage services that may be claimed under subsection (1),

    • (a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

    • (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

  • Marginal note:Time for giving consent

    (3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

  • Marginal note:Evidence of consent

    (4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

  • Marginal note:Claim dismissed if no consent

    (5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.

Marginal note:Governor in Council may accept offers of settlement
  •  (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

  • Marginal note:Distribution

    (2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.

Limitation of Time for Salvage Proceedings

Marginal note:Proceedings within two years
  •  (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

  • Marginal note:Extension of period by court

    (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.

Aircraft

Marginal note:Aircraft treated as if vessel

 The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

 

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