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

Marginal note:Regulations — Minister of Transport

• 136. (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.

• Marginal note:Regulations — Minister

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

  • (a) respecting the administration and control of Sable Island;

  • (b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (a) and specifying their powers and duties; and

  • (c) respecting maritime search and rescue.

Marginal note:Contravention of Act

• 137. (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.