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

Act current to 2014-04-02 and last amended on 2013-12-01. Previous Versions

Proof of Offences by Vessels

Marginal note:Proof of offence
  •  (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.

  • Marginal note:Directions

    (2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.

  • 2001, c. 26, s. 252;
  • 2005, c. 29, s. 33.

Offences

Marginal note:Damage to environment and risk of death or harm to persons
  •  (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,

    • (a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or

    • (b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.

  • Marginal note:Criminal negligence

    (2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.

Due Diligence

Marginal note:Persons
  •  (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission.

  • Marginal note:Vessels

    (2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Prohibitions on Conviction

Marginal note:Court order

 If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

  • (a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or

  • (b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.