Canada Marine Act (S.C. 1998, c. 10)

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Act current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

PART 1Canada Port Authorities (continued)

Port Traffic Control (continued)

Marginal note:Traffic control

  •  (1) For the purpose of promoting safe and efficient navigation or environmental protection, a port authority may designate a person or a member of a class of persons, each of whom shall be furnished with a certificate of designation, to exercise the following powers with respect to ships about to enter or within the port or an area of the port:

    • (a) give a traffic clearance to a ship to enter, leave or proceed within the port or any area of the port;

    • (b) direct the master, the person in charge of the deck watch or any other person in charge of a ship or the pilot to provide information in respect of the ship specified by the designated person;

    • (c) direct a ship to use specified radio frequencies in communications with the port station or other ships; and

    • (d) subject to subsection (2), direct a ship, at a specified time or between specified times,

      • (i) to leave a dock, berth or other port facility,

      • (ii) to leave or refrain from entering any area, or

      • (iii) to proceed to or remain at a specified location.

  • Marginal note:Preconditions

    (2) A person designated under subsection (1) may direct a ship to do or refrain from doing anything described in paragraph (1)(d) only if the person believes on reasonable grounds that any of the following circumstances exist:

    • (a) the non-availability of a berth required for the ship;

    • (b) pollution or a reasonable apprehension of pollution in the traffic control zone;

    • (c) the proximity of animals whose well-being could be endangered by the movement of the ship;

    • (d) an obstruction to navigation in the traffic control zone;

    • (e) the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property;

    • (f) the proximity of a ship navigating in an unsafe manner or with improperly functioning navigation equipment or radio equipment, or without charts or publications required by regulations made under paragraph 120(1)(b) of the Canada Shipping Act, 2001;

    • (g) vessel traffic congestion that constitutes an unacceptable risk to shipping, navigation, the public or the environment; or

    • (h) the efficiency of port operations could be compromised.

  • Marginal note:Prohibition

    (3) No ship shall

    • (a) if it is required to obtain a traffic clearance, enter, leave or proceed within a port or a traffic control zone without having obtained the clearance; or

    • (b) if required to maintain direct communication with a person designated under subsection (1), proceed within a port or a traffic control zone unless it is able to do so.

  • 1998, c. 10, s. 58
  • 2001, c. 26, s. 277
  • 2008, c. 21, s. 31

Marginal note:Offences and punishment

  •  (1) Subject to subsection (2), a person or ship is guilty of an offence and liable to a fine of not more than $5,000 where the offence is committed in respect of a ship of twenty metres in length or less, or to a fine of not more than $50,000 where the offence is committed in respect of a ship exceeding twenty metres in length, if the person or ship

    • (a) does not follow the practices and procedures established by a port authority under paragraph 56(1)(b) or have the capacity to use the radio frequencies specified by the port authority under that paragraph;

    • (b) does not do what a person designated under subsection 58(1) requires the person or the ship to do under that subsection;

    • (c) fails to comply with subsection 58(3); or

    • (d) knowingly makes a false or misleading statement, either orally or in writing, to a person designated under subsection 58(1).

  • Marginal note:Defence available in certain cases

    (2) It is a defence to a charge under subsection (1) that the master, the person in charge of the deck watch or other person in charge of the ship or the pilot

    • (a) had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property; and

    • (b) in the case of a charge under paragraph (1)(b), had notified the person designated under subsection 58(1) of the non-compliance and of the reasons for it as soon as possible after it took place.

  • Marginal note:Proof of offence by ship

    (3) Where a ship is prosecuted for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any person on board the ship, whether or not the person on board has been identified.

  • 1998, c. 10, s. 59
  • 2008, c. 21, s. 32

Marginal note:Application to military and police ships

 For greater certainty, Canadian warships, naval auxiliary ships and other ships under the command of the Canadian Forces, ships of a visiting force within the meaning of the Visiting Forces Act and any other ships while they are under the command of the Royal Canadian Mounted Police have access to Canadian ports.

Order and Safety

Marginal note:Order and safety

  •  (1) Subject to any regulations made under section 62 or subsection 64.1(1), a port authority shall take appropriate measures for the maintenance of order and the safety of persons and property in the port.

  • Marginal note:Marine transportation security

    (2) Subject to any regulations made under the Marine Transportation Security Act, a port authority shall take appropriate measures for the maintenance of marine transportation security.

  • 1998, c. 10, s. 61
  • 2008, c. 21, s. 33
  • 2014, c. 39, s. 230

Regulations

Marginal note:Regulations

  •  (1) For the purposes of this Part, the Governor in Council may make regulations respecting

    • (a) the navigation and use by ships of the navigable waters in a port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships;

    • (b) the use and environmental protection of a port, including the regulation or prohibition of equipment, structures, works and operations;

    • (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation in a port and provision for the recovery of the costs incurred;

    • (d) the maintenance of order and the safety of persons and property in a port;

    • (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the port authority;

    • (e) the regulation of persons, vehicles or aircraft in a port;

    • (f) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a port or to affect any of the lands adjacent to a port;

    • (g) the regulation or prohibition of the transportation, handling or storing, in a port, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property; and

    • (h) the obligations of a port authority in respect of federal real property and federal immovables under the management of the port authority.

  • Marginal note:Application

    (2) A regulation made under subsection (1) may apply to only one port.

  • Marginal note:Application to Crown

    (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

  • Marginal note:Transitional

    (4) Subject to subsection 49(6), any regulations made before the coming into force of this section with respect to a port in respect of which letters patent are issued to a port authority shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of the expiration of twelve months after the letters patent are issued and the date on which regulations to replace them are made under subsection (1) with respect to that port.

  • 1998, c. 10, s. 62
  • 2001, c. 4, s. 143
  • 2008, c. 21, s. 34
 
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