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Canada Shipping Act, 2001

Version of section 138 from 2003-01-01 to 2018-12-12:

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.

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