Marginal note:Definition of “Minister”

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

Marginal note:Canadian vessels and foreign vessels

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

Marginal note:General duties

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

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

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

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

• Marginal note:Duties re Canadian maritime documents

  (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.

Marginal note:Obtaining Canadian maritime documents

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

Marginal note:Exemptions

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

• Marginal note:Issuance of certificates by foreign states

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

Marginal note:Safety of persons

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

• Marginal note:Protection from hazards

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