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

Act current to 2020-09-09 and last amended on 2019-07-30. Previous Versions

PART 5Navigation Services (continued)

Search and Rescue (continued)

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 [Repealed, 2013, c. 28, s. 9]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 search and rescue mission 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.

  • 2001, c. 26, s. 138
  • 2018, c. 27, s. 696

 [Repealed, 2013, c. 28, s. 11]

PART 6Incidents, Accidents and Casualties

Interpretation

Marginal note:Definition of Minister

 In this Part, Minister means the Minister of Transport.

  • 2001, c. 26, s. 140
  • 2019, c. 1, s. 143

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

Obligations in Case of Collisions

Marginal note:Duty of masters in collision

 If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

  • (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

  • (b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

Marginal note:Inquiry into cause of death on board

  •  (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

  • Marginal note:Powers of Minister

    (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

    • (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

    • (b) enter and inspect any premises at any reasonable time.

  • Marginal note:Warrant required to enter living quarters

    (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for the purpose of an inquiry; and

    • (b) has been refused or there are reasonable grounds for believing that it will be refused.

  • Marginal note:Use of force

    (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

 
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