Marginal note:When compliance agreement in effect
124. If an offence under any of sections 121 to 123 is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with a provision referred to in subsection 121(1), section 122 or subsection 123(1) will be carried out by the authorized representative or a person or an organization acting on their behalf, the amount of any fine imposed under that section may be doubled.
125. The definitions in this section apply in this Part.
“aid to navigation”
« aide à la navigation »
“aid to navigation” means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation.
« ministre »
“Minister” means the Minister of Fisheries and Oceans.
« zone STM »
“VTS Zone” means a Vessel Traffic Services Zone established under paragraph 136(1)(a).
Vessel Traffic Services
Marginal note:Entering, leaving or proceeding within a VTS Zone
126. (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.
Marginal note:Marine communications and traffic services officers
(2) The Minister may designate as marine communications and traffic services officers persons in the federal public administration who meet the requirements specified by the Minister.
Marginal note:Powers of officers
(3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,
(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.
Marginal note:If vessel unable to communicate
(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.
Marginal note:Communication and obtaining clearance
(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.
Marginal note:Equipment failure
(6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall
(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.
- 2001, c. 26, s. 126;
- 2003, c. 22, s. 224(E).
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