Marginal note:Variations from requirements or conditions
127. (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(1)(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.
(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
Marginal note:Aids to navigation vest in Her Majesty
128. All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.
Marginal note:Obligation to report damage
129. (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.
Marginal note:Obligation to report — navigation hazard
(2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.
Search and Rescue
Marginal note:Designation of rescue coordinators
130. (1) The Minister may designate persons as rescue coordinators to organize search and rescue operations.
Marginal note:Power of rescue coordinators
(2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a rescue coordinator may
(a) direct all vessels within an area that the rescue 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 rescue 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.
Marginal note:Duty to comply
(3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).
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