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

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

Marginal note:Aircraft treated as if vessel

 Sections 130 to 132 apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels in Canadian waters, with any modifications that the circumstances require.

 [Repealed, 2013, c. 28, s. 9]

Enforcement

Marginal note:Designation
  •  (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part.

  • Marginal note:Stopping and boarding a vessel

    (2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.

Regulations

Marginal note:Regulations — Minister of Transport
  •  (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    • (a) and (b) [Repealed, 2013, c. 28, s. 10]

    • (c) respecting maritime search and rescue.

  • 2001, c. 26, s. 136;
  • 2005, c. 29, s. 18;
  • 2013, c. 28, s. 10.

Offences and Punishment

Marginal note:Contravention of Act
  •  (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.

Marginal note:Contravention of Act or regulations
  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

    • (b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

    • (c) a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

    • (d) paragraph 126(5)(a) (take all reasonable measures to communicate);

    • (e) paragraph 126(5)(b) (obtain clearance);

    • (f) subsection 126(6) (remain at port or proceed to safe port);

    • (g) subsection 129(1) (report disturbance of aid to navigation);

    • (h) subsection 129(2) (report navigation hazard);

    • (i) subsection 130(3) (comply with direction of rescue coordinator); or

    • (j) a provision of the regulations made under this Part.

  • 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 $100,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Defence available in certain cases

    (3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

  • Marginal note:Vessel may be detained

    (4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

 [Repealed, 2013, c. 28, s. 11]

PART 6Incidents, Accidents and Casualties

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

Crown vessel

bâtiment appartenant à Sa Majesté

Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. (bâtiment appartenant à Sa Majesté)

Minister

ministre

Minister means the Minister of Transport. (ministre)

Application

Marginal note:Vessels

 This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.

Salvage

International Convention on Salvage, 1989

Marginal note:Salvage Convention
  •  (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

  • Marginal note:Inconsistent laws

    (2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

Salvage by Crown Vessels

Marginal note:When salvage services may be claimed
  •  (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

  • Marginal note:Rights and limitations

    (2) In respect of salvage services that may be claimed under subsection (1),

    • (a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

    • (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

  • Marginal note:Time for giving consent

    (3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

  • Marginal note:Evidence of consent

    (4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

  • Marginal note:Claim dismissed if no consent

    (5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.

 
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