This Act may be cited as the Canada Shipping Act.
In this Act,
year means a calendar year, but for the purpose of the inspection of steamships by this Act rendered imperative, means twelve calendar months from the date of the certificate of inspection.
any wrecked aircraft, any part or cargo of any wrecked aircraft and any property in the possession of persons on board any aircraft that is wrecked, stranded or in distress;
the property of shipwrecked persons, and
cargo, stores and tackle of any vessel and of all parts of the vessel separated therefrom,
jetsam, flotsam, lagan and derelict found in or on the shores of the sea or of any tidal water, or of any of the inland waters of Canada,
wreck includes
wharf includes all wharfs, quays, docks and premises in or on which any goods, when landed from ships, may be lawfully placed;
West Indies includes the West Indies and the Bahama and Bermuda Islands;
wages includes emoluments;
voyage includes passage or trip and any movement of a ship from one place to another or from one place and returning to that place;
vessel includes any ship or boat or any other description of vessel used or designed to be used in navigation;
value of the property liable, in respect of jurisdiction in matters of salvage, means the value of the property when first brought into safety by the salvors;
valuable securities includes every document forming the title or evidence of the title to any property of any kind whatever;
tug means a steamship used exclusively for towing purposes;
tonnage regulations[Repealed, 1998, c. 16, s. 1]
tackle, when used in relation to a vessel, means the tackle, machinery, gear, apparatus and appliances used on board the vessel for the loading and unloading thereof;
steamship or steamer, except as provided under the Load Line Rules, means any ship propelled by machinery and not coming within the definition of sailing ship;
special purpose ship means a ship designated as a special purpose ship under subsection 379.1(1);
special purpose personnel means a person designated as special purpose personnel under subsection 379.1(1);
special passenger trade means a trade in relation to which the Governor in Council has modified the construction regulations or the rules for life-saving appliances in pursuance of this Act;
shipwrecked persons includes persons belonging to or on board any British or foreign vessel, wrecked, stranded or in distress, at any place within Canada;
ships belonging to Her Majesty means all ships of war and other unregistered vessels held by or on behalf of Her Majesty in right of any Commonwealth country;
ship station means any radio station established on board a ship that is not permanently moored;
for the purpose of Part I and sections 574 to 581, any description of lighter, barge or like vessel used in navigation in Canada however propelled;
any description of vessel used in navigation and not propelled by oars, and
ship, except in Parts II, XV and XVI, includes
Seamen’s Repatriation Convention means the International Convention concerning the repatriation of seamen adopted by the International Labour Conference at Geneva on June 24, 1926 as modified by the recommendation of the same date respecting masters and apprentices;
Seamen’s Articles Convention means the International Convention respecting Seamen’s Articles of Agreement adopted by the International Labour Conference at Geneva on June 24, 1926;
but does not include pilots, cadets and pupils on training ships and naval ratings, or other persons in the permanent service of a government except when used in Part IV where it includes an apprentice to the sea service;
for the purposes of the Seamen’s Repatriation Convention, every person employed or engaged in any capacity on board any vessel and entered on the ship’s articles,
every person, except masters, pilots and apprentices duly indentured and registered, employed or engaged in any capacity on board any ship, and
seaman includes
sea-going ship means any ship employed on a voyage any part of which is on the sea;
a ship that is principally employed in fishing, not exceeding two hundred tons gross tonnage, provided with masts, sails and rigging sufficient to allow it to make voyages under sail alone, and that, in addition, is fitted with mechanical means of propulsion other than a steam engine;
a ship that is propelled wholly by sails, and
sailing ship, except for the purposes of the Load Line Rules, means
is a nuclear ship;
is of three hundred tons gross tonnage or more, or
is carrying more than twelve passengers,
Safety Convention ship means a steamship, other than a ship of war, a troop ship or a fishing vessel, registered in a country to which the Safety Convention applies, that is on an international voyage and
Safety Convention means the International Convention for the Safety of Life at Sea, 1974, signed at London on November 1, 1974 and the Protocol of 1978 relating thereto, signed at London on February 17, 1978, and any amendments, whenever made, to the Annex to that Convention other than Chapter I of the Annex;
rules for life-saving appliances means the regulations respecting life-boats, buoyant apparatus and other life-saving equipment made under section 338;
representation means probate, administration, confirmation or other instrument constituting a person the executor, administrator or other representative of a deceased person;
remuneration includes fuel and ships’ stores of any kind or any other kind of payment or compensation;
registrar[Repealed, 1998, c. 16, s. 1]
register tonnage means the net tonnage shown on a ship’s certificate of registry;
Register means the Canadian Register of Ships established under section 13;
recorded vessel[Repealed, 1998, c. 16, s. 1]
radio-telephone includes a system of radio communication for the transmission of speech or, in some cases, other sounds;
radio-telegraph includes a system of radio communication for the transmission of written matter by the use of a signal code;
Radio Regulations means the regulations respecting radio made by the Governor in Council and the Minister respectively under sections 342 and 343;
a corporation incorporated under the laws of Canada or a province;
a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or
qualified person means
at a port elsewhere, a consular officer;
at a port in any other Commonwealth country, a person designated by the Governor in Council, and in the absence of such a person, a superintendent or shipping master, or in the absence of any such superintendent or shipping master, the chief officer of customs at or near the port, and
at a port in the United Kingdom, a person designated by the Governor in Council, and in the absence of such a person, a superintendent,
in Canada, a shipping master,
proper officer, when used in Parts III and IV, means
in relation to distressed seamen, a person designated by the Governor in Council, and in the absence of such a person, the governor of any Commonwealth country, or any person acting under his authority;
in relation to the discharge or leaving behind of seamen, or the payment of penalties, a person designated by the Governor in Council, and in the absence of such a person, a superintendent as defined in the Merchant Shipping Acts, or, in the absence of any such superintendent, the chief officer of customs at or near the place, and
with respect to a place within a Commonwealth country,
with respect to a place not within Canada or any other Commonwealth country, a consular officer, or, if there is no consular officer in the place, any two British merchants resident at or near the place, or, if there is only one British merchant so resident, that British merchant, and
proper authority, when used in Part IV, means
port includes harbour but does not include the port of Montreal as defined in The Montreal Harbour Commissioners’ Act, 1894 (57-58 Victoria, chapter 48) or the port of Quebec as defined in The Quebec Harbour Commissioners Act, 1899 (62-63 Victoria, chapter 34);
pleasure yacht[Repealed, 1998, c. 16, s. 1]
pleasure craft means a vessel used by an individual for pleasure and not for a commercial purpose;
pilot means any person not belonging to a ship who has the conduct thereof;
passenger ship means a ship carrying passengers;
special purpose personnel;
a person carried on a ship in pursuance of the obligation on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner could have prevented, or
a guest on board the ship, if the ship is used exclusively for pleasure and the guest is carried on it without remuneration or any object of profit,
the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or
a person carried on a ship that is not a Safety Convention ship who is
under one year of age,
the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or
a person carried on a Safety Convention ship who is
passenger means a person carried on a ship by the owner or operator, other than
includes for the purposes of Part IX the lessee or charterer of any vessel who is responsible for the navigation thereof and includes for the purposes specified in section 75 beneficial owner;
when used in relation to goods, every person who is for the time being entitled either as owner or agent for the owner to the possession of the goods, subject in the case of a lien to that lien, and
as applied to unregistered ships, the actual owner and as applied to registered ships, the registered owner only, and
means
owner, except in Parts XV and XVI,
ordinary practice of seamen, as applied to any case, means the ordinary practice of skilful and careful persons engaged in navigation in like cases;
nuclear ship means a ship fitted with a nuclear power plant;
nominal horsepower means the measure of the size of marine engines, ascertained in accordance with regulations made by the Governor in Council;
night or night-time includes all that portion of the day extending from one-half hour after sunset until one-half hour before sunrise;
net tonnage means the useful capacity of a ship as determined by a tonnage measurer;
minor waters voyage means a voyage within the following limits, namely, the minor waters of Canada together with such part of any lake or river forming part of the minor waters of Canada as lies within the United States;
minor waters ship means a ship employed on a minor waters voyage;
minor waters of Canada means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and such sheltered waters on the sea-coasts of Canada as the Minister may specify;
in any other provision, the Minister of Transport;
in section 385, subsection 422(2), the provisions of sections 423 to 475 respecting wrecks, Part VII and sections 562.15 to 562.2, 660.1 to 660.11 and 678, the Minister of Fisheries and Oceans, and
Minister means
"Merchant Shipping Acts" means the Merchant Shipping Act, 1894 of the Parliament of the United Kingdom, 57-58 Victoria, chapter 60, and all Acts adding to or amending that Act;
master includes every person having command or charge of any ship, but does not include a pilot;
machinery includes propulsion systems, steering systems, pressurized containers and systems, pumping systems, electrical systems, windlasses, and all similar apparatus required for, or affecting, the safety or operation of a ship or the safety of the personnel on board a ship;
load lines means the marks indicating the several maximum depths to which a ship can be safely loaded in the various circumstances prescribed by the Load Line Rules or Load Line Regulations applicable to that ship;
Load Line ship means a ship of the kind described in section 353 that is not exempt under subsections (2) and (3) of that section from the provisions of Part V relating to load lines;
Load Line Rules means the rules made by the Governor in Council for the purpose of giving effect to Articles 6 to 10 of the Load Line Convention and Annex I and Annex II thereto;
Load Line Regulations means the regulations made pursuant to paragraph 375(2)(a);
Load Line Convention ship means a Load Line ship belonging to a country to which the Load Line Convention applies;
Load Line Convention Certificate means a certificate indicating that a ship has been surveyed and marked with load lines in accordance with Part V and complies with the conditions of assignment to the extent required in its case;
Load Line Convention means the International Convention respecting Load Lines together with the Final Protocol signed at London on July 5, 1930;
licensed pilot means a person who holds a valid licence as pilot issued by a Pilotage Authority under the Pilotage Act;
and, for the purposes of this definition, every territory for the international relations of which a country to which the appropriate Convention applies is responsible or for which the United Nations is the administering authority shall be deemed to be a separate country;
when used with reference to Safety Convention ships, means a voyage, not being an inland voyage, from a port in one country to a port in another country, either of those countries being a country to which the Safety Convention applies,
when used with reference to Load Line Convention ships, means a voyage, not being an inland voyage, from a port in one country to a port in another country, either of those countries being a country to which the Load Line Convention applies, and
international voyage
inland waters ship means a ship employed on an inland voyage;
from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west;
from Cap des Rosiers to West Point Anticosti Island, and
inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn
inland voyage means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan;
hull means the body of a vessel including the masts and rigging and all parts of its structure;
home-trade voyage means a voyage, not being an inland or minor waters voyage, between places within the area following, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude;
home-trade ships means ships engaged in home-trade voyages;
harbour means harbours and places properly so called whether proclaimed public harbours or not, and whether natural or artificial, to which ships may resort for shelter or to ship or unship goods or passengers;
gross tonnage means the overall size of a ship as determined by a tonnage measurer;
Great Lakes means Lakes Ontario, Erie, Huron (including Georgian Bay), Michigan and Superior, and their connecting waters;
grain cargo means a cargo of which the portion consisting of grain is more than one-quarter of the dead weight carrying capacity of the ship carrying it;
grain includes wheat, maize (corn), oats, rye, barley, rice, pulses, seeds and any processed forms of seeds the behaviour of which is similar to that of grain in its natural state;
government ship means a ship or vessel that is owned by and is in the service of Her Majesty in right of Canada or of any province or is, while so employed, wholly employed in the service of Her Majesty in that right;
goods includes every description of wares and merchandise;
foreign voyage means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage;
in paragraphs 662(1)(c) and (d), a ship other than a Canadian ship;
except in paragraphs 662(1)(c) and (d), a ship other than a British ship, or
foreign ship means
foreign-going, when used with reference to a ship, means employed on foreign voyages;
fishing vessel, except in section 712, means a ship that is employed in catching fish, whales, seals, walrus or other living resources of the sea, and that does not carry passengers or cargo;
equipment includes life-boats, life-saving equipment, apparatus for protection against fire and for detection and extinguishing of fire, fire-control plans, line-throwing apparatus, anchors, cables, pilot ladders, means of making sound signals and distress signals, compasses, lights, signals, navigating appliances and all other apparatus or equipment designed or required for the safety of the ship or the protection of the passengers and crew, but does not include radio equipment other than radio equipment for survival craft;
in any other provision, the Department of Transport;
in section 385, subsection 422(2), the provisions of sections 423 to 475 respecting wrecks, Part VII and sections 562.15 to 562.2, 660.1 to 660.11 and 678, the Department of Fisheries and Oceans, and
Department means
deck line means the line indicating the uppermost complete deck of a ship as defined by the Load Line Rules;
dangerous goods or goods of a dangerous nature means goods that by reason of their nature, quantity or mode of stowage are either singly or collectively liable to endanger the lives of the passengers or imperil the ship, and includes all substances determined by the Governor in Council, in regulations made by him, to be dangerous goods;
country to which the Safety Convention applies means a country the government of which has been declared under section 315 to have ratified or acceded to the Safety Convention and has not been so declared to have denounced that Convention;
a country to which it has been so declared that the Load Line Convention has been applied under Article 21 thereof, not being a country to which it has been so declared that the Convention has ceased to apply under that Article;
a country the government of which has been declared by the Governor in Council under section 352 to have ratified, or acceded to, the Load Line Convention, and has not been so declared to have denounced that Convention, and
country to which the Load Line Convention applies means
contravention includes failure to comply and the expression “contravenes” shall be construed accordingly;
consular officer means a consular officer of Canada or any person for the time being discharging the duties of a consular officer of Canada, and, in the absence of a consular officer of Canada or such other person, means a consul-general, consul or vice-consul of the United Kingdom or any person for the time being discharging the duties of consul-general, consul or vice-consul of the United Kingdom, and, when used in relation to a country other than Canada, means the officer recognized by Her Majesty as a consular officer of that country;
conditions of assignment means those provisions of the Load Line Rules made by the Governor in Council that give effect to Part II of Annex I to the Load Line Convention;
and includes the colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories of any such country;
that was included within the ambit of that Agreement in 1931 and the government of which, as a government of a separate entity within the association of the Commonwealth of Nations, continues to participate in that Agreement,
whose government was a party to the British Commonwealth Merchant Shipping Agreement signed at London on December 10, 1931, or
Commonwealth country means a country
Collision Regulations means the regulations made under section 562.11;
coasting trade of Canada[Repealed, 1992, c. 31, s. 23]
coast of Canada means the sea-coast of Canada and the salt water bays, gulfs and harbours on the sea-coast of Canada;
claim, the amount of, in respect of jurisdiction in matters of salvage, means the amount claimed in the proceeding or suit before the receiver of wrecks, or in the court in which the suit or proceeding is taken;
chief officer of customs means the chief or only officer of customs at any port;
Chairman means the Chairman of the Board;
cargo ship means a ship that is not a fishing vessel, a passenger ship or a pleasure craft;
Canadian waters means the territorial sea of Canada and all internal waters of Canada;
Canadian ship means a ship registered or listed under Part I;
builder’s mortgage[Repealed, 1998, c. 16, s. 1]
British ship[Repealed, 1998, c. 16, s. 1]
Board of Trade or Chamber of Commerce means the board of trade or chamber of commerce for any city, town or place in Canada that is nearest to any harbour or anchorage of ships;
Board means the Board of Steamship Inspection established by section 304;
bare-boat charter means a ship charter agreement under which the charterer has complete possession and control of the ship, including the right to appoint its master and crew;
authorized representative means, except in paragraph 712(7)(a), an authorized representative referred to in section 9;
air cushion vehicle means a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine;
agreement with the crew has the meaning as indicated in section 163;
Admiralty Court means the Federal Court;
Every reference in this Act, other than in Part I, to “owner” shall be read as a reference to
in respect of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer.
in respect of a Canadian ship described in paragraph 17(b) (a ship owned by a foreign corporation), its authorized representative; and
Except as provided in section 632, this Act does not apply to air cushion vehicles.
Except as otherwise provided, this Act is binding on Her Majesty in right of Canada or a province.
The objectives of this Act are to
establish an effective inspection and enforcement program.
provide an appropriate liability and compensation regime in relation to incidents involving ships; and
encourage the harmonization of marine practices;
ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;
promote an efficient marine transportation system;
develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;
protect the marine environment from damage due to navigation and shipping activities;
promote safety in the marine transportation system;
protect the health and well-being of individuals, including the crews of ships, who participate in marine transportation and commerce;
The Governor in Council may make regulations varying or excluding the application, in respect of government ships, of any provision of this Act.
Except as otherwise provided, this Act, other than sections 467 to 471 and 565 to 567, does not apply to a vessel belonging to the Canadian Forces or a foreign military force or to any other vessel that is under the command, control or direction of the Canadian Forces.
The Minister of Fisheries and Oceans is responsible for all matters under this Act relating to safety and licensing of pleasure craft.
Except as otherwise provided in this Act, the Minister of Transport is responsible for the administration of this Act.
Subject to any conditions that the Minister of Transport considers appropriate, the Minister may exempt for a specified period any ship owner, ship or class of ships from the application of any provision of this Act or the regulations if the Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. Notice of every exemption must be published in the Canada Gazette.
enter into agreements or arrangements respecting the administration of any provision of this Act or the regulations and authorize any person with whom an agreement or arrangement is entered into to exercise or perform such powers and duties under this Act as are specified in the agreement or arrangement.
issue bulletins, guidelines and standards; and
establish consultative bodies;
For the purpose of achieving the objectives set out in section 5, the Minister of Transport or the Minister of Fisheries and Oceans may, with respect to that Minister’s responsibilities under this Act,
In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
shall be published in the Canada Gazette within 23 days after it is made.
is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
An interim order
No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it.
one year after the interim order is made or any shorter period that may be specified in the interim order.
the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
the day on which it is repealed,
14 days after it is made, unless it is approved by the Governor in Council,
An interim order has effect from the time that it is made but ceases to have effect on the earliest of
in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of this Act, other than section 727.7.
[Not in force]
The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment:
The owner of a Canadian ship is bound by the acts or omissions of their authorized representative with respect to any matter relating to the ship.
a ship management company incorporated under the laws of Canada or a province.
an employee or director in Canada of a branch office of the corporation that is carrying on business in Canada; or
a subsidiary of the corporation that is incorporated under the laws of Canada or a province;
In the case of a ship owned by a corporation that is incorporated under the laws of a country other than Canada, the authorized representative must be
In the case of a Canadian ship that is owned by more than one person, the owners must appoint one of themselves as the authorized representative.
Subject to subsections (3) and (4), the authorized representative of a Canadian ship is the owner of the ship or, in the case of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer.
Every Canadian ship, other than a pleasure craft, must have a person who is responsible for acting with respect to all matters relating to the ship and who is to be known as the authorized representative.
If a regulation is authorized to be made by the Governor in Council, the minister who recommends the making of it to the Governor in Council is deemed to be an authority who is authorized to make the regulation.
For greater certainty, material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act.
For greater certainty, material may be incorporated by reference as amended from time to time.
test methods, procedures, operational standards, safety standards and performance standards of a technical nature.
specifications, classifications, illustrations, graphs and other information of a technical nature; and
For greater certainty, a regulation made under this Act may incorporate by reference technical or explanatory material that the authority making the regulation produces, such as
For greater certainty, a regulation made under this Act may incorporate by reference material that the authority making the regulation produces jointly with another government or government agency for the purpose of harmonizing the regulation with other laws.
in a form that sets out only the parts of the material that apply for the purposes of the regulation.
with any adaptations of form and reference that will facilitate the incorporation of the material in the regulation; or
For greater certainty, a regulation made under this Act may incorporate by reference material that the authority making the regulation reproduces or translates from material produced by a person or body other than that authority
a government, government agency or international body.
an industrial or trade organization; and
an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
For greater certainty, a regulation made under this Act may incorporate by reference material produced by a person or body other than the authority making the regulation, including
For greater certainty, no person or ship may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference, unless it is proved that, at the time of the alleged contravention,
the material had been published in the Canada Gazette.
reasonable steps had been taken to ensure that the material was accessible to persons or ships likely to be affected by the regulation; or
the material was reasonably accessible to the person or ship;
The Minister is to appoint an officer to be known as the Chief Registrar.
details of all mortgages registered in respect of it.
the name and address of its owner; and
its register tonnage;
its official number;
its name and description;
The Register is to contain records of the information and documents specified by the Chief Registrar in respect of a Canadian ship, including
The Chief Registrar is responsible for establishing and maintaining a register to be known as the Canadian Register of Ships.
A registrar is to perform the duties and responsibilities that the Chief Registrar assigns to the registrar.
The Chief Registrar may appoint the registrars that the Chief Registrar considers necessary.
The Chief Registrar and the registrars are not personally liable for anything they do or omit to do in good faith under this Act.
Every government ship that exceeds 15 tons gross tonnage must be registered under this Part.
Every owner of a ship described in subsection (1) shall ensure that it is registered under this Part.
Every ship that exceeds 15 tons gross tonnage, is owned only by qualified persons and is not registered in a foreign country must be registered under this Part.
Unless they are registered in a foreign country, the following ships may be registered under this Part:
a ship that is in the exclusive possession of a qualified person under a financing agreement under which the person will acquire ownership on completion of the agreement.
a ship management company incorporated under the laws of Canada or a province; and
an employee or director in Canada of any branch office of the corporation that is carrying on business in Canada, or
a subsidiary of the corporation that is incorporated under the laws of Canada or a province,
a ship that is owned by a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the ship, namely,
a ship that is owned only by qualified persons and that does not exceed 15 tons gross tonnage;
A ship registered in a foreign country that is bare-boat chartered exclusively to a qualified person may be listed under this Part as a bare-boat chartered ship for the duration of the charter if, for the duration of the charter, the registration is suspended in respect of the right to fly the flag of that country.
A ship that is about to be built or that is under construction in Canada may be temporarily recorded in the Register as a ship being built in Canada.
Notwithstanding sections 16, 17 and 18, the Minister may direct the Chief Registrar to refuse to register or list a ship built outside Canada.
In addition to the specified information or documentation, the Chief Registrar may require an applicant to provide evidence, including declarations, that the Chief Registrar considers necessary to establish that a ship is required or entitled to be registered or is entitled to be listed or recorded.
An application for the registration, listing or recording of a ship must be made in the form and manner and include the information and be accompanied by the documents specified by the Chief Registrar.
The Minister may order that a Canadian ship be renamed if the Minister considers that its name would prejudice the international reputation of Canada.
its use is prohibited under any other Act of Parliament.
it is likely, in the opinion of the Chief Registrar, to be offensive to members of the public; or
it is likely, in the opinion of the Chief Registrar, to be confused with the name of a Canadian ship or with a distress signal;
it is the same as the name of a Canadian ship;
The Chief Registrar must disallow any name if
The Chief Registrar may, on application, approve the name of a ship before it is registered or listed and approve a change in the name of a Canadian ship.
Every ship must be named in the form and manner specified by the Chief Registrar before being registered or listed.
No notice of a trust may be entered in the Register.
This section does not affect the beneficial interests of a person represented by or claiming through an owner of a ship or a share in a ship.
No person may be registered as the owner of a fractional part of a share in a ship.
A registered jointly owned interest in a ship or a share in a ship may be disposed of only by all of the joint owners.
No more than five persons may be registered in the Register as joint owners of a ship or a share in a ship.
In the case of a ship described in section 18 (a bare-boat chartered ship), no person is to be registered in the Register as an owner of the ship.
In the case of a ship described in paragraph 17(c) (a ship subject to a financing agreement), persons referred to in that paragraph are to be registered in the Register as the owners of the ships.
Subject to subsections (3) and (4), only owners, or joint owners, of a ship or of one or more shares in a ship may be registered in the Register as owners of the ship or shares, as the case may be.
For the purposes of registration, the property in a ship is divided into 64 shares.
Certificates of registry are valid for the period that the Minister specifies.
in any other case, its owner.
in the case of a ship described in section 18 (a bare-boat chartered ship), the bare-boat charterer, and
in the case of a ship described in paragraph 17(b) (a ship owned by a foreign corporation), its authorized representative,
the name and address of
its register tonnage; and
its official number;
its name and description;
Every certificate of registry in respect of a ship must contain the information specified by the Chief Registrar, including
If the Chief Registrar is satisfied that all of the requirements of registration or listing have been met with respect to a ship, the Chief Registrar must register or list the ship, as the case may be, in the Register and issue a certificate of registry.
An application for a provisional certificate must be made in the form and manner and include the information and be accompanied by the documents specified by the Chief Registrar.
A provisional certificate is valid for the purpose and the period that the Chief Registrar specifies.
The Chief Registrar may, on application, issue a provisional certificate in respect of a ship that is not required or entitled to be registered under this Part if the Chief Registrar is satisfied that the ship needs to undergo sea trials.
is in a port in Canada and the Chief Registrar is satisfied that permission to operate the ship should be granted before a certificate of registry can be issued.
is in a foreign port and a person intends to register it under this Part; or
The Chief Registrar may, on application, issue a provisional certificate in respect of a ship that is required or entitled to be registered under this Part if the ship
If a certificate of registry or provisional certificate is mislaid, lost or destroyed, the Chief Registrar, on application made by the authorized representative of the ship in the form and manner and including the information and accompanied by the documents specified by the Chief Registrar, must issue a replacement certificate of registry or provisional certificate, as the case may be.
No person shall deface, alter, conceal or remove the markings of a Canadian ship.
The authorized representative shall ensure that the ship is kept marked.
A ship’s certificate of registry is not valid until the ship has been marked in accordance with subsection (1).
The authorized representative of a Canadian ship shall, in the form and manner specified by the Chief Registrar, mark the ship with its name, its register tonnage, its official number and any other information that the Chief Registrar specifies.
Within 30 days after completion of the construction of a ship that is recorded as being built in Canada, the person in whose name the ship is recorded shall notify the Chief Registrar of that fact and of the name and address of its owner.
within 30 days after any of the events referred to in subsection (1) or (2) occurs.
of that fact as soon as possible in the circumstances; and
If for any reason a Canadian ship does not have an authorized representative, its owner shall notify the Chief Registrar
arrange for a new tonnage certificate to be provided to the Chief Registrar.
notify the Chief Registrar within 30 days after the alteration; and
If a Canadian ship is altered to the extent that it no longer corresponds with its description or particulars set out on the certificate of registry, the authorized representative of the ship shall
the charterer ceases to have complete control and possession of the ship.
the right to fly the flag of the foreign country is reinstated, or
in the case of a ship described in section 18 (a bare-boat chartered ship),
there has been a change in the information provided with the application under section 21; or
there has been a change in the owner’s or a registered mortgagee’s name or address;
the ship is lost, wrecked or removed from service;
The authorized representative of a Canadian ship shall notify the Chief Registrar within 30 days after any of the following occurs:
The Chief Registrar may amend the Register or a certificate of registry to give effect to changes of which the Chief Registrar has been notified under section 28 or to correct any clerical errors or obvious mistakes.
Except in the case of a ship described in paragraph 17(c) (a ship subject to a financing agreement), the Chief Registrar must cancel the registration of a ship if a person who acquires the ship or a share in it does not, within the prescribed period, provide evidence that satisfies the Chief Registrar that the ship is required or entitled to be registered under this Part.
an opportunity that, in the opinion of the Chief Registrar, is sufficient to transfer the ship or shares to a qualified person or to make an application under section 46.
notice, in accordance with the regulations, of the change in ownership; and
If a Canadian ship is not required or entitled to be registered under this Part after its ownership changes, the Chief Registrar must, before cancelling its registration under paragraph (2)(b), give the owners and registered mortgagees
in the case of a registered ship, a tonnage certificate provided by a tonnage measurer indicates that the ship should be re-registered.
it is no longer required or entitled to be registered or entitled to be listed under this Part; or
it has been lost, wrecked or removed from service;
Subject to the regulations, the Chief Registrar must cancel the registration or listing of a Canadian ship if
its authorized representative has not complied with section 28.
it does not have an authorized representative; or
its certificate of registry has expired;
it is not marked in accordance with subsection 27(1);
Subject to the regulations, the Chief Registrar may suspend or cancel the registration or listing of a Canadian ship if
The cancellation of the registration of a ship does not affect the registration of mortgages in respect of the ship.
The Chief Registrar may reinstate the registration or listing of a ship if, in the Chief Registrar’s opinion, the registration or listing of the ship should not have been cancelled.
A certificate of registry or provisional certificate is not subject to detention because of any title to, lien on, charge on or interest in the ship that is claimed by an owner, mortgagee, charterer or operator of the ship, or by any other person.
A person who is in possession of a certificate of registry or a provisional certificate issued under this Part shall deliver it to the Chief Registrar on request.
A person who is in possession of a ship’s certificate of registry or provisional certificate shall deliver it to the person who is entitled to operate the ship.
Subject to subsection (3), no person shall operate a ship in respect of which a certificate of registry or provisional certificate has been issued unless the certificate is on board the ship.
The Chief Registrar may, on application, suspend the registration of a Canadian ship in respect of the right to fly the Canadian flag while the ship is shown on the registry of a foreign country as a bare-boat chartered ship.
when entering or leaving, or while moored at or anchored in, a port.
when signalled to do so by a government ship or a ship under the command of the Canadian Forces; or
The master of a Canadian ship shall fly the Canadian flag
A Canadian ship has the right to fly the Canadian flag.
The Minister may appoint persons, to be known as tonnage measurers, to calculate ships’ tonnage.
A tonnage measurer may withhold the tonnage certificate in respect of a ship until the person requesting it pays the tonnage measurer’s fees and travel expenses. The Minister may set limits on the fees and travel expenses that may be charged.
A mortgage is to be registered in the order in which it is filed, indicating the date and time of the registration.
A mortgage is to be filed with the Chief Registrar in the form and manner specified by the Chief Registrar.
The owner of a ship registered under this Part, of a share in one or of a ship recorded as being built in Canada may give the ship or share, as the case may be, as security for a mortgage to be registered under this Part.
On receipt of satisfactory evidence that a mortgage has been discharged, the Chief Registrar is to enter the discharge in the Register.
The priority of mortgages may be changed if all of the mortgagees file their written consent with the Chief Registrar.
If more than one mortgage is registered in respect of the same ship or share in a ship, the priority among the mortgages is according to the date and time of registration.
A mortgage of a ship or a share in a ship does not have the effect of the mortgagee becoming, or the mortgagor ceasing to be, the owner of the ship, except to the extent necessary to make the ship or share available as security under the mortgage.
If there is more than one registered mortgage of the same ship or share, a subsequent mortgagee may not, except under the order of the Federal Court or of a court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, sell the ship or share without the agreement of every prior mortgagee.
A mortgagee of a ship or a share in a ship has the absolute power, subject to any limitation set out in the registered mortgage, to sell the ship or the share.
The mortgage of a ship or a share in a ship is not affected by the bankruptcy of the mortgagor after the date of the registration of the mortgage, and the mortgage is to be preferred to any right, claim or interest in the ship or share of the other creditors of the bankrupt or any trustee or assignee on their behalf.
The Chief Registrar is to enter the particulars of the transfer in the Register.
A registered mortgage of a ship or a share in a ship may be transferred to any person, in which case the instrument effecting the transfer must be filed in the form and manner specified by the Chief Registrar.
The Chief Registrar is to enter the particulars of the transmission in the Register.
If the interest of a mortgagee in a ship or a share in a ship is transmitted on death or bankruptcy, or by any lawful means other than by a transfer under section 43, the person to whom the interest is transmitted must file with the Chief Registrar the evidence of the transmission that the Chief Registrar specifies.
If the ownership of a Canadian ship or a share in one changes and the ship is still required or entitled to be registered under this Part,
the Chief Registrar must amend the Register and the ship’s certificate of registry to reflect the change.
the owner must provide the Chief Registrar with the evidence, including declarations, that the Chief Registrar considers necessary to establish that the ship is required or entitled to be registered; and
If an unqualified person acquires a Canadian ship, other than a ship described in paragraph 17(b) (a ship owned by a foreign corporation), a ship described in paragraph 17(c) (a ship subject to a financing agreement) or a ship described in section 18 (a bare-boat chartered ship), or a share in one, any interested person may apply to the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, for an order that the ship or share, as the case may be, be sold to a qualified person.
On the application of any interested person, the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of ships, may make an order prohibiting for a specified period any dealing with a Canadian ship or a share in one.
The Governor in Council may make regulations
generally for carrying out the purposes and provisions of this Part.
prescribing anything that may be prescribed under this Part; and
respecting the payment of fees for services provided in the administration of this Part and prescribing the amount of the fees;
to implement the International Convention on Tonnage Measurement of Ships, 1969, signed at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention;
respecting the calculation of the tonnage of ships and the issuance of certificates of tonnage;
respecting the evidence that owners of ships previously registered in a foreign country must provide to prove that the ships are no longer registered in a foreign country;
respecting the form and manner of notifying the Chief Registrar of changes under section 28;
respecting the port of registration;
respecting the naming and marking of ships;
respecting the suspension and cancellation of the registration of a Canadian ship;
respecting the issuance and renewal of certificates of registry;
respecting the registration, listing and recording of ships;
A person may examine or obtain copies of any entries in the Register with respect to a ship.
The following documents are admissible as evidence in any court in Canada, in the manner provided by this Act:
every declaration made under this Part.
a certificate of registry or a provisional certificate issued under this Part; and
in the case of electronic data, a printout of any entry in the Register;
a certified copy of any entry in the Register, or
either of the following that purports to be signed by the Chief Registrar or a registrar:
The words in parentheses in paragraphs (1)(a) to (m) and subsection (4) form no part of those paragraphs but are inserted for convenience of reference only.
If an offence under this Part that arises out of a contravention of subsection 16(2) (failure to register) or 27(1) (failure to mark) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
if the offence is committed negligently, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
if the offence is committed knowingly, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and
on summary conviction,
if the offence is committed negligently, to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both; and
if the offence is committed knowingly, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and
on conviction on indictment,
Every person who commits an offence under subsection (1) or (2) is liable
Every person commits an offence who, for the purpose of applying for the registration, listing or recording of a ship or the registration of a mortgage under this Part or of complying with this Part or the regulations, provides any person with false or misleading information.
a provision of the regulations made under this Part.
an order made under subsection 22(4) (renaming of ship); or
subsection 34(2) (failure to fly Canadian flag);
subsection 33(3) (failure to deliver certificate to Chief Registrar);
subsection 33(2) (failure to deliver certificate to person entitled to operate ship);
subsection 33(1) (operation of ship without a certificate on board);
subsection 28(4) (failure to notify of completion of construction);
subsection 28(3) (failure to notify — owner);
subsection 28(2) (failure to notify of alteration — authorized representative);
subsection 28(1) (failure to notify — authorized representative);
subsection 27(4) (defacing, altering, concealing or removing markings);
subsection 27(3) (maintenance of markings);
subsection 27(1) (failure to mark);
subsection 16(2) (failure to register);
Every person commits an offence who contravenes
Ships exempt from registration under this Act before this Part comes into force continue to be exempt until two years or, in the case of a pleasure craft, six years after this Part comes into force.
A certificate of registry issued under this Act before this Part comes into force expires no later than three years after this Part comes into force.
Every ship registered in Canada when this Part comes into force is deemed to be registered under this Part until the ship’s ownership changes.
[Repealed, 1998, c. 16, s. 3]
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 5]
[Repealed, 1998, c. 16, s. 3]
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 7]
[Repealed, 1998, c. 16, s. 3]
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 8]
The Governor in Council may, notwithstanding anything in this Part, make regulations
prescribing a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months or both to be imposed on summary conviction as punishment for contravention of a regulation made under this section.
prescribing the records to be kept and returns to be made by licence issuers; and
providing for the disposition, notwithstanding the Financial Administration Act, of licence fees collected by licence issuers;
prescribing the fees to be paid for licences;
providing for the designation of persons to be issuers of licences;
prescribing forms for licences and the forms for applications for licences;
providing for the marking of licensed vessels;
providing for the licensing of vessels that are exempted from registry under this Act;
For the purposes of subsection (2), the words oil and gas have the same meanings as in the Oil and Gas Production and Conservation Act.
Regulations made under subsection 110(1) do not apply in respect of ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless the regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.
any vessel, boat or craft, of any length, propelled manually by oars or paddles.
pleasure craft of less than twenty metres in length; and
In this Part, ship includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion, but excludes
subsection (3)
a regulation made under subsection (1) that is applicable to that person or to a ship of which that person is the owner or master, or
Any person who contravenes
No person shall perform any duty on a ship that is prescribed by any regulation made under paragraph (1)(k) as being a duty on that ship that is to be performed by a holder of a certificate of the type or class specified in the regulation unless the person holds a valid certificate of that type or class or the ship is exempt from the requirements of that regulation pursuant to section 132.
The provisions of this Part respecting certificates apply, with such modifications as the circumstances require, to endorsements referred to in paragraph (1)(b).
prescribing, with respect to each type or class of certificate, the duties on any ship or ship of any class prescribed by any regulation made under paragraph (j) that are to be performed by persons holding certificates of that type or class.
prescribing the Canadian ships, or classes of Canadian ships, that are required to have on board and employ persons holding the certificates specified in the regulations and the number of such persons or the proportion of the crew consisting of such persons that each of those ships, or each ship of any such class, shall have on board and employ; and
prescribing, except where section 120 applies, the grounds and procedures for the suspension or cancellation of certificates granted under this Part other than certificates of master, mate or engineer;
prescribing the terms and conditions of certificates;
prescribing the form of certificates;
prescribing the fee to be paid for taking any examination relating to the granting of a certificate, the fee to be paid for granting a certificate and the terms and conditions of payment of those fees;
respecting examinations relating to the granting of certificates;
respecting the information to be furnished by an applicant for any type or class of certificate and the manner of determining whether such an applicant meets the qualifications required under paragraph (c) for the type or class of certificate that he has applied for;
respecting the qualifications, including medical fitness, degree of knowledge, skill, training and experience, that an applicant for any type or class of certificate must meet;
prescribing classes of ships in respect of which a certificate is not valid in the absence of an endorsement on that certificate stating that the certificate is valid for service on that class of ship;
prescribing the types and classes of certificates that may be granted to masters and seamen and the grade that each such type or class bears in relation to every other type or class;
Subject to subsection 109(2), the Governor in Council may make regulations respecting the certification of masters and seamen and, without limiting the generality of the foregoing, may make regulations
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (1) does not apply in respect of a proposed regulation that
Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 110(1) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
Subject to subsection 109(2), the Governor in Council may extend the application of any regulation made under subsection 110(1) to or in respect of ships, other than Canadian ships, that are in Canadian waters.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 9]
Subject to such conditions as the Minister may impose, a certificate granted under the laws of Newfoundland as master or mate of a foreign-going or home-trade ship may be accepted in lieu of a certificate as master or mate granted under this Part and may be suspended or cancelled by the Minister under like conditions as in the case of a certificate issued under this Part.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 10]
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 11]
The Minister shall forthwith notify in writing the holder of a certificate of his decision under subsection (3) and the reasons therefor.
Where, after an inquiry under this section, the Minister is satisfied that the certificated master or seaman is incapacitated in respect of the performance of his duties as such by reason of his not meeting the medical fitness standards prescribed under paragraph 110(1)(c), the Minister may suspend the certificate until such time as the Minister is satisfied that the holder thereof is no longer so incapacitated.
Subsections 504(2) to (4) apply, with such modifications as the circumstances require, in respect of an inquiry under this section.
Where the Minister believes on reasonable grounds that the holder of a certificate granted under this Part is incapacitated in respect of the performance of his duties as a certificated master or seaman by reason of his not meeting the medical fitness standards prescribed under paragraph 110(1)(c), the Minister may cause an inquiry to be held.
Subject to the provisions of this Act or the regulations respecting the suspension, cancellation or invalidation of certificates, certificates issued to masters and mates before the coming into force of this section remain in force for the class of ship and voyage for which they were issued.
No person shall act in the dual capacity of master and engineer in any ship, except that, subject to such regulations as the Governor in Council may make, this section does not apply to any ship, not exceeding sixty-five feet registered length, propelled by an internal combustion or motor engine, or other mechanical power deemed by the Minister to be equivalent to an internal combustion engine in the circumstances.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 12]
Subject to the provisions of this Act or the regulations respecting the suspension, cancellation or invalidation of certificates, certificates issued to engineers before the coming into force of this section remain in force for the grades for which they were issued.
Where an examiner is of the opinion that any statement made by an applicant for a certificate under this Part should be confirmed under oath, the examiner may administer the oath.
No person shall be appointed as an examiner unless he has himself satisfactorily completed an examination before two or more examiners as to his fitness and competency to act as an examiner.
Subject to subsection (2), the Minister may appoint any person to act as an examiner for the purposes of this Part or any regulations made thereunder.
Where the Minister believes on reasonable grounds that the certificate of any master or seaman was obtained on a false statement or on erroneous information, the Minister may, with respect to either a certificate granted under this Part or a certificate granted in any other country, in so far only as concerns the validity of the latter certificate in Canada, suspend or cancel the certificate.
The Minister, in every case in which a report of examiners appears to him to have been unfair or improper, may remit the case either to the same or to any other examiner and may require a re-examination of the applicant or a further inquiry into his testimonials and character.
A certificate shall not be granted under this Part to an applicant who is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
has given satisfactory evidence of his sobriety, experience, ability and general good conduct on board ship,
meets the requirements prescribed under subsection 110(1) in respect of the certificate, and
Where the Minister is satisfied, on the basis of the report of the examiners, that an applicant for a certificate under this Part
The Minister may, from time to time, take such measures as he deems fit to provide facilities to enable applicants for certificates under this Part to receive such instruction or information as may enable them to meet the qualifications prescribed by this Part and any regulations made thereunder in respect of those certificates.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 13]
This section applies only to certificates issued by the government of a country that has entered into a reciprocal arrangement with the Government of Canada to accept in lieu of certificates of that country certificates issued under this Part.
Any certificate may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister under like conditions to those that attach to a certificate issued under this Part, and any certificate so suspended or cancelled shall be delivered up by the owner to the Minister, who shall thereupon return it to the authority by which it was issued.
The Governor in Council may direct, subject to such conditions as he may impose, that any certificate of a master or seaman granted by any authority competent to issue those certificates under the laws of another country may be accepted in lieu of a certificate granted under this Part, if he is satisfied that examinations for the issue of those certificates are conducted as efficiently as the examinations for the same purpose provided for in this Part, and that the certificates are granted on such principles as to show the like qualifications and competency as those granted under this Part.
Every person who
fraudulently lends a certificate described in paragraph (a) to or allows the certificate to be used by any other person,
fraudulently makes use of any certificate described in paragraph (a) that is forged, altered, cancelled or suspended, or to which he is not justly entitled, or
forges, assists in forging or procures to be forged, or fraudulently alters, assists in fraudulently altering or procures to be fraudulently altered, any certificate described in paragraph (a) or any official copy thereof,
makes, procures to be made or assists in making any false representation for the purpose of obtaining for himself or for any other person any certificate granted under this Part;
If the master of the ship proceeds to sea without previous compliance with this section, he is guilty of an offence punishable on summary conviction.
No officer of customs at any port in Canada shall clear the ship on any voyage unless the proper certificates are first produced to him, and the ship may be detained until those certificates are produced.
Where a ship is required by the regulations under this Part to have on board a master holding a master’s certificate, such master shall produce to every officer of customs in Canada to whom he applies for a clearance of that ship on any voyage the certificates that, under this Act or the regulations, the master and the mates and engineers of the ship are required to hold.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 17]
The Minister shall annually lay before Parliament a special report stating the cases in which he has exercised his power under this section during the preceding year and the grounds on which he has acted in each case.
The Minister may, on such conditions as he deems fit, exempt any ship from any requirement contained in regulations made under subsection 110(1) or from any requirement contained in section 130, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied that the requirement has been substantially complied with in the case of that ship, or that compliance with the requirement is unnecessary in the circumstances of the case, and that the action taken or provision made with respect to the subject-matter of the requirement in the case of the ship is as effective as actual compliance with the requirement.
The Minister may, with respect to either a certificate granted under this Part or a certificate granted in another country, in so far only as concerns the validity of the latter certificate in Canada, suspend, for any period not exceeding twelve months, the certificate of any person convicted of an offence under subsection (1) or (2).
Where a person knowingly allows his certificate as mate or engineer to be produced by the master of a ship to the chief officer of customs in Canada to whom the master applies for a clearance, and the person does not, without satisfactory excuse, proceed with the ship, as mate or engineer, on the voyage for which the clearance is obtained, that person is guilty of an offence and liable to a fine not exceeding ten thousand dollars.
Where the master of a ship produces to the chief officer of customs in Canada to whom he applies for a clearance the certificates that under this Act or the regulations the mates and engineers of the ship are required to hold, and the master obtains a clearance by representing that any person holding such a certificate is engaged as a mate or engineer of the ship for the voyage for which the clearance is obtained, and afterwards the master proceeds from any place in Canada without having on board that person or some other mate or engineer holding a certificate of the proper grade, type or class to act in his stead, the master is guilty of an offence and liable to a fine not exceeding ten thousand dollars.
The master of any tug or other ship required to have a certificated master, but so employed as not to require a clearance, shall, whenever required by any officer of customs, produce the master’s certificate as master and the certificate of the engineer on board to that officer, and for each contravention of this section the master is guilty of an offence and liable to a fine not exceeding one thousand dollars.
A record of all certificates granted under this Part shall be kept in the Department.
Whenever notice of the cancelling, suspending or altering or otherwise affecting, by competent authority, of any certificate is received by the Department, there shall thereupon be made a corresponding entry in the record of certificates.
The Minister may, if he thinks that the justice of the case requires it, reissue and return any certificate granted under this Part that has been suspended, cancelled or invalidated by or pursuant to this Act or the regulations, shorten the time for which such certificate is suspended or grant in place thereof a certificate of the same or any lower grade.
Where a certificate granted under this Part is suspended, cancelled or invalidated by or pursuant to this Act or the regulations, the holder of the certificate shall, as soon as possible, deliver it up to the Minister.
Where the Minister is satisfied that the loss or deprivation referred to in subsection (1) was due to fault on the part of the master or seaman in question, a replacement of the original certificate or document shall not be provided except on payment of a fee fixed by the Minister.
any document attesting the result of an examination relating to the granting of a certificate under this Part,
any certificate granted under this Part, or
Where a master or seaman has lost or been deprived of
A copy of any certificate, purporting to be certified by the Minister or the Deputy Minister, is evidence of that certificate, and a copy, purporting to be so certified, of any entry made in respect of any certificate is evidence of the entry and of the truth of the matter stated therein.
All documents purporting to be certificates granted by the Minister under this Part, and to be signed by him, shall be admitted in evidence, and shall be deemed to be valid certificates, without further proof, unless the contrary is shown.
All fees received under this Part shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.
The Governor in Council may establish a shipping office at any port in Canada.
All acts done by or before those deputies have the same effect as if done by or before a shipping master.
The Governor in Council may, subject to this Part, appoint for any shipping office a shipping master, who may with the approval of the Minister appoint any necessary deputies, clerks and servants, and shall, subject to this Part, have complete control over and be responsible for every act done by those deputies, clerks and servants.
Every shipping master, deputy shipping master or clerk or servant in any shipping office who acts in contravention of this section is guilty of an offence and liable to a fine not exceeding fifty dollars, and the Minister may dismiss him from office.
Shipping masters shall be remunerated for their services under this Act pursuant to a scale of fees payable to them for defined services, and neither they nor their deputies, clerks or servants shall, directly or indirectly, charge, demand, collect or receive, even by agreement, from any person any higher fees or any other remuneration, whether for the defined services or for other services performed by them as shipping masters, and the Minister shall establish, and may amend or vary in any respect, the scale of fees.
Sections 142, 143, 145, 148, 149, 150 and 156 do not apply to shipping masters, deputy shipping masters, clerks or servants appointed under this section.
A shipping master or deputy shipping master appointed under this section may be appointed to any other office under this Act and in such case, in addition to his salary as shipping master or deputy shipping master, shall be remunerated for his services in the other office in the manner provided under this Act for that office.
All fees received under this Part by shipping masters appointed under this section shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.
The Minister shall establish a scale of fees payable for the defined services performed by shipping masters, and the scale of fees may be amended or varied in any respect.
All acts done by or before deputy shipping masters have the same effect as if done by or before a shipping master.
The Governor in Council may designate ports in Canada at which shipping masters, deputy shipping masters and such clerks and servants as are necessary for the proper conduct of the shipping office may be appointed in the manner authorized by law, all of whom hold office during pleasure.
No person who sells any spirituous liquors and no tavern keeper or boarding-house keeper shall be appointed a shipping master or deputy shipping master.
Any shipping master or the deputy, clerk or servant of any shipping master may refuse to proceed with any engagement or discharge of a seaman unless the fee payable thereon is first paid.
In respect of any business described in subsection (1), that custom-house shall, for all purposes, be deemed to be a shipping office, and the chief officer of customs at that custom-house, if no other shipping master has been appointed, shall, for all purposes, be a shipping master, and shall be held to have been appointed as such within the meaning of this Part.
At any place in which no shipping office is established, the business of the shipping office shall be conducted at the custom-house.
All business transacted at any shipping office shall be under the control and supervision of the Minister.
Every shipping master shall, before entering on his duties, give such security for the due performance thereof as the Minister requires.
Where, in any case, the Minister believes on reasonable grounds that any person appointed by any shipping master does not properly discharge his duties, he may cause an investigation to be made and may direct the dismissal or suspension of that person.
The oath shall be forwarded to the Minister by the shipping master immediately after it is taken.
Every shipping master, deputy, clerk and servant so appointed shall, before entering on his duties, take and subscribe before any person qualified to administer oaths, an oath in the following form:
Every shipping master shall
perform such other duties relating to seamen, apprentices and merchant ships as are committed to him by this Act.
facilitate the making of apprenticeships to the sea service; and
provide means for securing the presence on board at the proper times of men who are engaged, when requested to do so, the expense of that service to be defrayed by the master, owner or agent of the ship requiring the presence of men on board;
superintend and facilitate the engagement and discharge of seamen in the manner hereinafter provided;
afford facilities for engaging seamen, by keeping registers of the names of seamen who apply to him for engagement, and registers of all seamen shipped or discharged by him, which registers shall be open for public inspection;
Any owner, part owner, master, person in charge of any ship, ship’s husband, consignee or other person who acts in contravention of this section is guilty of an offence and is, for each seaman or apprentice in respect of whom an offence is committed, and notwithstanding that several seamen or apprentices are included in the same contract, or are received or permitted to remain on board any ship at the same time, liable to a fine not exceeding forty dollars.
No person shall receive, or accept to be entered, on board any ship, or permit to remain on board any ship, any seaman or apprentice who, to the knowledge of that person, has been engaged or supplied in contravention of subsection (1) for the ship or has been engaged or supplied for any other ship.
No person shall engage or supply, or employ any other person to engage or supply, any seaman or apprentice to be entered on board any ship in Canada unless the person first mentioned is a shipping master, the deputy of a shipping master, the owner, master or mate of the ship or bona fide the servant and in the constant employment of that owner.
Any person who acts in contravention of this section is guilty of an offence and liable to a fine not exceeding one hundred dollars and not less than twenty-five dollars.
No person, other than a shipping master or the deputy of a shipping master, shall demand or receive, directly or indirectly, from any master of a ship, any seaman or apprentice to the sea service, any person seeking employment as a seaman or apprentice to the sea service or any person on behalf of any of those persons, any remuneration of any kind for procuring any seaman to serve on board any ship or for providing any seaman or apprentice with employment.
Every shipping master and deputy shipping master shall, before engaging or supplying any seaman to be entered on board any ship, require that seaman to produce his certificate of discharge from his last ship, or other satisfactory proof that he was lawfully discharged from or lawfully quitted his last ship, and shall by all lawful means in his power prevent, in so far as he can, the effecting before him of the engagement of a seaman whom he has any reason to suspect of having deserted from his last ship.
Every owner or master of a ship engaging or discharging any seaman in a shipping office, or before a shipping master or a deputy shipping master, shall pay to the shipping master or deputy shipping master the whole of the fees payable in respect of that engagement or discharge.
The return shall show the number of seamen engaged and the number of seamen discharged during the same period.
Every shipping master shall make, sign and transmit to the Minister on, or as soon as possible after, the last day of March and the last day of September in each year a return of all the fees and moneys received by him under this Part during the half year ending on that day.
The Governor in Council may, from time to time, dispense with the transaction before a shipping master or in a shipping office of any matters required by this Part to be so transacted, and thereupon those matters, if otherwise duly transacted, are as valid as if transacted before a shipping master or in a shipping office.
Every shipping master shall give to persons desirous of apprenticing boys to, or requiring apprentices for, the sea service such assistance as may be in his power.
The apprenticeship of any boy to the sea service shall be by indenture between the apprentice and the master or owner of the ship requiring the apprentice.
Every person who fails to comply with any requirement of this section is guilty of an offence and liable to a fine not exceeding fifty dollars.
Every person to whom an apprentice is bound shall, within seven days after the execution of the indenture, transmit the indenture and a copy thereof to the shipping master nearest to the residence of that person, and that shipping master shall keep the copy in his office, which shall be open to public inspection free of any charge, and shall endorse on the indenture that it has been so recorded and shall re-deliver the indenture to the master of the apprentice.
Every person who fails to comply with any requirement of this section is guilty of an offence and liable to a fine not exceeding fifty dollars.
Whenever any indenture is assigned or cancelled, or whenever any apprentice dies or deserts, the master of the apprentice shall, within thirty days after the assignment, cancellation, death or desertion, if it happens within Canada, or, if it happens elsewhere, so soon afterwards as circumstances permit, notify the shipping master, who shall record the information.
If the master fails, without reasonable cause, to comply with any requirements of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The name of the apprentice, with the date of the indenture and of the assignments, if any, and the names of the ports at which they have been registered, shall be entered on the agreement with the crew.
The master of every foreign-going or home-trade Canadian ship who, pursuant to this Act, makes an agreement with the crew in the presence of a shipping master, shall, before carrying any apprentice to sea from any place in Canada, cause that apprentice to appear before the shipping master before whom the crew is engaged, and shall produce to the shipping master the indenture by which the apprentice is bound and every assignment thereof.
If the master of a ship in respect of which an agreement with the crew is required fails to enter into an agreement or carries any seaman from any port in Canada without entering into an agreement with him in accordance with this Act, the master in the case of a sea-going ship, and the master or owner in the case of any other ship, is guilty of an offence and liable to a fine not exceeding twenty dollars.
The master of every Canadian ship, other than home-trade ships, inland waters ships and minor waters ships of less than fifty register tons, shall enter into an agreement, in this Act called the “agreement with the crew”, in accordance with this Act, with every seaman whom he engages in Canada and carries as one of his crew.
When agreements with seamen in respect of Canadian ships are first opened in any Commonwealth country outside of Canada, their form and contents shall be those prescribed by the law of that Commonwealth country and if opened elsewhere than within a Commonwealth country shall be those prescribed by the law of Canada.
If the master of a ship registered at a port outside Canada has an agreement with the crew made in due form according to the law of that port or of the port in which the ship’s crew was engaged, and engages single seamen in Canada, those seamen may sign the agreement, and it is not necessary for them to sign an agreement in the form approved by the Minister.
The agreement with the crew shall be so framed as to admit of such stipulations, to be adopted at the will of the master and seaman in each case, whether respecting the advance and allotment of wages or otherwise, as are not contrary to law or to the Seamen’s Articles Convention, and it shall state the place at, and the date on, which it was completed.
the particulars respecting the position of the deck line and the load lines specified in the ship’s Load Line Certificate.
any regulations respecting conduct on board, fines, short allowance of provisions or other lawful punishment for misconduct that have been approved by the Minister as proper regulations to be adopted and that the parties agree to adopt; and
the time agreed on, if any, that is to expire after arrival before the seaman is discharged;
a scale of the provisions that are to be furnished to each seaman;
the amount of wages that each seaman is to receive;
the capacity in which each seaman is to serve;
if possible the place and date at which each seaman is to be on board or to begin work;
the number and description of the crew, specifying how many are engaged as sailors;
either the nature, and, as far as practicable, the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement and the places or parts of the world, if any, to which the voyage or engagement is not to extend;
the name of the vessel or vessels on board which the seaman undertakes to serve;
The agreement with the crew shall show the surname and other names of the seaman, his birthplace and age or date of birth, shall state clearly the respective rights and obligations of each of the parties and shall contain as terms thereof the following particulars:
An agreement with the crew shall be in a form approved by the Minister, shall be dated at the time of the first signature thereof and shall be signed by the master before a seaman signs it.
The following provisions have effect with respect to the agreements with the crew made in Canada in the case of foreign-going ships registered either within or outside Canada:
the duplicate running agreement retained by the shipping master on the first engagement of the crew shall be kept by the shipping master until the expiration of the agreement.
the master shall deliver the running agreement as endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master; and
on every return to a port in Canada before the final termination of a running agreement, the master shall make on the agreement an endorsement respecting the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law, and if a master wilfully makes a false statement in any endorsement he is guilty of an offence and liable to a fine not exceeding one hundred dollars;
running agreements shall not extend beyond the six month period of time next following the date of the making thereof, or the first arrival of the ship at its port of destination in Canada after the termination of that period, or the discharge of cargo consequent on that arrival;
the agreements may be made for a voyage, or if the voyages of the ship average less than six months in duration may be made to extend over two or more voyages, and agreements made to extend over two or more voyages are in this Act referred to as running agreements;
where a substitute is engaged in the place of a seaman who signed the agreement and whose services are within twenty-four hours of the ship’s putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, when practicable, be made before a shipping master, and, when not practicable, the master shall, before the ship puts to sea, if practicable, and if not, as soon after as possible cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the agreement in the presence of a witness, and the witness shall attest the signature;
when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master and the other shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequent to the first departure of the ship;
the shipping master shall give reasonable facilities to the seaman and his adviser, if any, to examine the agreement and shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the agreement before he signs it, and shall attest each signature;
the agreement shall, subject to this Act with respect to substitutes, be signed by each seaman in the presence of a shipping master;
The following provisions have effect with respect to the agreements with the crew made in Canada in the case of home-trade ships for which an agreement with the crew is required under this Act:
the duplicate running agreement retained by the shipping master on the first engagement of the crew shall be kept by the shipping master until the expiration of the agreement.
the master shall deliver the running agreement as endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorsement and return the agreement to the master, and if a master wilfully makes a false statement in any endorsement he is guilty of an offence and liable to a fine not exceeding one hundred dollars; and
on every return to a port in Canada before the final termination of a running agreement, the master shall make on the agreement an endorsement respecting the engagement or discharge of seamen, either that no engagements or discharges have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law;
in the case of a ship making short voyages, running agreements with the crew may be made to extend over two or more voyages or for a specified time, but no agreement shall extend beyond the six month period of time next following the date of the making thereof, the first arrival of the ship at its final port of destination in Canada after that period or the discharge of cargo consequent on that arrival, and the owner or his agent may enter into time agreements in forms sanctioned by the Minister with individual seamen to serve in any one or more ships belonging to that owner, which agreements need not be limited to six months, and a duplicate of every agreement shall be forwarded to the Minister within forty-eight hours after it has been entered into;
an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master and the provisions of this Act with respect to the making of the agreement apply accordingly;
crews or single seamen may, if the master thinks fit, be engaged before a shipping master in the same manner as they are required to be engaged for foreign-going ships, but if the engagement is not so made, the master shall, before the ship puts to sea, if practicable, and if not, as soon after as possible, cause the agreement to be read and explained to each seaman, and the seaman shall thereupon sign the agreement in the presence of a witness, and the witness shall attest the signature;
agreements may be made either for service in a particular ship or for a service in two or more ships belonging to the same owner, but in the latter case the names of the ships and the nature of the service shall be specified in the agreement;
The following provisions have effect with respect to the agreement with the crew in the case of inland waters ships and minor waters ships for which an agreement with the crew is required under this Act:
in the case of a ship making short voyages, running agreements with the crew may be made to extend over two or more voyages or for a specified time, but no agreement shall extend beyond nine months from the date of the agreement, the first arrival of the ship at its port of destination after the termination of the agreement or the discharge of cargo consequent on that arrival, and the owner or his agent may enter into time agreements in forms sanctioned by the Minister with individual seamen to serve in any one or more ships belonging to that owner, which agreements need not be limited to nine months, and a duplicate of every agreement shall be forwarded to the Minister within forty-eight hours after it has been entered into.
an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master and the provisions of this Act with respect to the making of the agreement shall apply accordingly; and
crews or single seamen shall in the case of ships of over eighty tons register tonnage and may if the master thinks fit in the case of ships of lesser tonnage be engaged in the same manner as they are required to be engaged for home-trade ships;
agreements may be made either for service in a particular ship or for service in two or more ships belonging to the same owner, but in the latter case the names of the ships and the nature of the service shall be specified in the agreement;
The master of every foreign-going ship, on signing the agreement with the crew, shall produce to the shipping master before whom the agreement is signed the certificates that the master and seamen on the ship are required by law to hold.
A shipping master shall, in the case of any ship, on all the requirements of this Part being complied with to his satisfaction, give to the master of the ship a certificate to that effect or to the effect that the agreement with the crew is in his office partially signed, waiting the engagement of a portion of the crew, as the case may be, and shall specify in the certificate the class of ship to which the ship belongs, whether it is a steamship or sailing ship, the ship’s gross and register tonnage and particulars of its employment.
No officer of customs shall clear any foreign-going ship until the shipping master’s certificate is produced to him.
If the master fails without reasonable cause to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The master of every foreign-going or home-trade ship whose crew has been engaged before a shipping master shall, before finally leaving Canada, sign and send to the nearest shipping master a full and accurate statement, in a form approved by the Minister, of every change that takes place in his crew before finally leaving Canada, and that statement is admissible in evidence in the manner provided by this Act.
If the master fails without reasonable cause to deliver the agreement with the crew in accordance with subsection (3), he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The master of every foreign-going ship shall, within forty-eight hours after the ship’s arrival at its final port of destination in Canada or on the discharge of its crew, whichever first happens, deliver his agreement with the crew to the shipping master at that port, who shall give the master a certificate of that delivery, and an officer of customs shall not clear the ship inward until the certificate of delivery is produced.
The master of every foreign-going ship shall, before proceeding to sea, produce to the officer of customs the certificate referred to in subsection (1), and any such ship may be detained until the certificate is produced.
In the case of a foreign-going ship, on the due execution of an agreement with the crew in accordance with this Act, and, where the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Act respecting that agreement, a shipping master shall grant the master of the ship a certificate to that effect.
If the master or owner fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The shipping master on receiving the agreement shall give the master or owner of the ship a certificate of that delivery, and the ship shall be detained unless the certificate is produced to the proper officer of customs.
The master or owner of a home-trade ship of fifty tons register tonnage or more shall, within twenty-one days after the termination of every agreement with the crew made for the ship, deliver or transmit the agreement to a shipping master in Canada.
If the master or owner fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The master or owner of every inland waters ship or minor waters ship of or over fifty tons register tonnage shall within twenty-one days after the termination of every agreement with the crew deliver the agreement to the nearest shipping master and the shipping master shall give the master a certificate of that delivery.
If the master fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The master shall at the commencement of every foreign voyage or engagement cause a legible copy of the agreement with the crew, omitting the signatures, to be posted up in some part of the ship that is accessible to the crew.
Every person who fraudulently alters, makes any false entry in, or delivers a false copy of any agreement with the crew is guilty of an indictable offence, and if any person assists in committing or procures to be committed any such offence, he is likewise guilty of an indictable offence.
Every erasure, interlineation or alteration in any agreement with the crew, except additions made for the purpose of shipping substitutes or persons engaged after the first departure of the ship, is wholly inoperative, unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration by the written attestation, if in a Commonwealth country, of a shipping master, justice of the peace, officer of customs or other public functionary, or elsewhere outside Canada, of a consular officer, or where there is no consular officer, of two respectable Canadian merchants.
In any legal or other proceeding, a seaman may bring forward evidence to prove the contents of any agreement with the crew or otherwise to support his case, without producing or giving notice to produce the agreement or any copy thereof.
If a master fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
the master shall request the officer to endorse on the agreement an attestation to the effect that the agreement has been signed in his presence and otherwise made as required by this Act, and also, if the officer is a consular officer, that it has his sanction, and if the attestation is not made the burden of proving that the engagement was made as required by this Act lies on the master.
at any port having a consular officer, the master shall, before carrying the seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to the law of the port, engage the seaman before that officer; and
in any Commonwealth country, the master shall engage the seaman before some officer being either a superintendent or, if there is no superintendent, an officer of customs;
With respect to the engagement of seamen outside Canada, where the master of a Canadian ship engages a seaman in a Commonwealth country or at a port in which there is a consular officer, the provisions of this Act respecting agreements with the crew made in Canada apply subject to the following modifications:
If the master or owner of a ship acts in contravention of this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
If the master or owner of a home-trade ship of less than fifty tons register tonnage or an inland waters or minor waters ship so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign-going ship.
When a seaman serving in a foreign-going ship, or in a home-trade ship of or over fifty tons register tonnage, whether registered within or outside Canada, is on the termination of his engagement discharged in Canada, he shall, whether the agreement with the crew is an agreement for the voyage or a running agreement, be discharged in the presence of a shipping master.
If the master fails to comply with subsection (1), he is guilty of an offence and liable to a fine not exceeding fifty dollars, and if he, without reasonable cause, fails to comply with subsection (2) he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
The master shall, on the discharge of every seaman whose certificate has been delivered to and retained by him, return the certificate to the seaman.
The master shall sign and give to a seaman discharged from his ship, either on his discharge or on payment of his wages, a certificate of his discharge in a continuous discharge book in a form approved by the Minister, or any form approved by the proper authority in that Commonwealth country in which the ship is registered, specifying the period of his service and the time and place of his discharge, but not containing any statement respecting his wages or the quality of his work unless requested by the seaman.
fraudulently uses any certificate of discharge or report of character or copy of a report of character that is forged or altered or does not belong to him,
assists in committing, or procures to be committed, any of the acts referred to in paragraphs (a) and (b), or
forges or fraudulently alters any certificate of discharge or report of character or copy of a report of character,
makes a false report of character under this Act, knowing the report to be false,
Every person who
The shipping master shall transmit the reports to the Minister, or to such other person as the Minister may direct, to be recorded.
Where a seaman is discharged before a shipping master, the master shall make and sign, in a form approved by the Minister, or in any form approved by the proper authority in that Commonwealth country in which the ship is registered, a report of the conduct, character, and qualifications of the seaman discharged, or may state in the form that he declines to give any opinion on those particulars, or on any of them, and the shipping master shall, if the seaman desires, give to him a copy of the report, in this Act referred to as the “report of character”.
If the master or owner of a sea-going ship or of a home-trade ship of over eighty tons register tonnage pays wages to a seaman where he is discharged before a shipping master otherwise than through or in the presence of the shipping master, unless a competent court otherwise directs, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Where a seaman is discharged before a shipping master in Canada, he shall receive his wages through or in the presence of the shipping master, unless a competent court otherwise directs.
Except in a case in which the seaman by the agreement is paid by a share of the profits of the adventure, the master or owner of every foreign-going Canadian ship shall pay to each seaman belonging to that ship his wages, if demanded, within three days after the delivery of the cargo, or on the seaman’s discharge, whichever happens first.
If the master of a ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
where the seaman is to be discharged before a shipping master, either to the seaman himself at or before the time of his leaving the ship, or to the shipping master not less than twenty-four hours before his discharge or the payment of his wages.
where the seaman is not to be discharged before a shipping master, to the seaman himself not less than twenty-four hours before his discharge or the payment of his wages; and
The account referred to in subsection (1) shall be delivered
The master of every ship shall before discharging or paying off a seaman deliver, at the time and in the manner provided by this Act, a full and true account, in a form approved by the Minister, of the seaman’s wages and of all deductions to be made therefrom on any account whatever.
The master shall during a voyage enter the various matters in respect of which the deductions are made, with the amounts of the respective deductions, as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages, and on the hearing before any competent authority of any complaint or question relating to that payment.
A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered pursuant to section 184, or is in respect of a matter happening after the delivery.
Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 184 and 185.
Where the master of a ship disrates a seaman, he shall forthwith enter or cause to be entered in the official log-book of the ship a statement of the disrating and furnish the seaman with a copy of the entry, and any reduction of wages consequent on the disrating shall not take effect until the entry has been made and the copy furnished.
Where any question, of whatever nature and whatever the amount in dispute, between a master or owner and any of his crew is raised before a shipping master, and both parties agree in writing to submit the question to him, the shipping master shall hear and decide the question so submitted, and an award made by him on the submission is conclusive with respect to the rights of the parties, and a document purporting to be the submission or award is admissible as evidence thereof.
Where in the case of a foreign-going ship a question respecting wages is raised before a shipping master between the master or owner of the ship and a seaman or apprentice, and the amount in question does not exceed twenty-five dollars, the shipping master may, on the application of either party, adjudicate, and the decision of the shipping master in the matter is final, but if the shipping master is of opinion that the question is one that ought to be decided by a court of law, he may refuse to decide it.
Every person so required who fails, without reasonable cause, to comply with the requisition is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
In any proceeding under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, his agent or the master or any mate or other member of the crew to produce any log-books, papers or other documents in his possession or power relating to a matter in question in the proceeding, and may require the attendance of and examine any of those persons, being then at or near the place, on the matter.
Where a seaman has agreed with the master of a Canadian ship for payment of his wages in Canadian dollars or any other money, any payment of, or on account of, his wages if made in any other currency than that stated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of exchange for the money stated in the agreement, for the time being current at the place where the payment is made.
Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the shipping master shall report the matter to the Minister, and the Minister may direct that any of the seaman’s certificates of discharge shall be withheld for such period as he may think fit, and, while a seaman’s certificate of discharge is so withheld, the Minister, and any other person having the custody of the necessary documents, may, notwithstanding anything in this Act, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.
Where a seaman who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note, wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars, or, at the discretion of the court, to imprisonment for a term not exceeding twenty-one days, but nothing in this section takes away or limits any remedy by action or other procedure that any person would otherwise have in respect of the negotiation of the advance note, or that an owner or master would otherwise have for breach of contract.
Except as provided in subsection (1), an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman conditionally on his going to sea from any port in Canada is void, and any money paid in satisfaction or in respect of that agreement shall not be deducted from the seaman’s wages, and a person does not have any right of action, suit or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.
Where an agreement with the crew is required to be made in a form approved by the Minister, the agreement may contain a stipulation for payment to or on behalf of the seaman, conditionally on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month’s wages payable to the seaman under the agreement, and stipulations for the allotment of a seaman’s wages may be made in accordance with this Act.
A payment under an allotment note shall begin at the expiration of one month from the date of the agreement with the crew and shall be paid at the expiration of every subsequent month after the first month, and only in respect of wages earned before the date of payment.
Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement with the crew, inquire of the seaman whether he requires a stipulation for the allotment of his wages by means of an allotment note, and, if the seaman requires such a stipulation, shall insert the stipulation in the agreement with the crew, and the stipulation shall be deemed to have been agreed to by the master.
savings bank[Repealed, 1999, c. 28, s. 174]
near relative means one of the following persons, namely, the spouse, father, mother, grandfather, grandmother, child, grandchild, brother or sister of the seaman;
bank means a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act;
For the purposes of the provisions of this Act with respect to allotment notes,
Allotment notes shall be in a form approved by the Minister.
Where the agreement with the crew is required to be made in a form approved by the Minister, the seaman may require that a stipulation be inserted in the agreement for the allotment by means of an allotment note, of any part, not exceeding one-half, of the seaman’s wages in favour either of a near relative or of a bank.
Any stipulation made by a seaman at the commencement of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made.
The sum received by a bank in pursuance of an allotment may be paid out only on an application made, through a shipping master or the Minister, by the seaman or, in case of the seaman’s death, by some person to whom the seaman’s property may be paid under this Act.
An allotment in favour of a bank shall be made in favour of the persons and carried into effect in the manner that may be prescribed by regulations of the Minister.
If the master of a ship fails to comply with the provisions of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
Where the balance of wages due to a seaman is more than fifty dollars, and a seaman expresses to the master of the ship a desire to have facilities afforded for remitting all or any part of the balance to a bank or to a near relative in whose favour an allotment note may be made, the master shall give to the seaman all reasonable facilities for so doing with respect to the portion of the balance that is in excess of fifty dollars, but is under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port, or otherwise than conditionally on the seaman going to sea in the ship.
If a master wilfully makes a false statement in any credible letter intended for use in any proceeding on an allotment note for the recovery of a seaman’s wages, to the effect that a seaman has left his ship and has ceased to be entitled to the wages out of which any allotment is to be paid, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
such other evidence as the court in its absolute discretion considers sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.
a credible letter from the master of the ship to the same effect; or
a certified copy of some entry in the official log-book of the ship to the effect that he has left the ship;
the official statement of the change in the crew caused by his absence, made and signed by the master, as by this Act is required;
In any proceedings for recovery on an allotment note, it is sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some authorized agent, and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court by
[Repealed, R.S., 1985, c. 31 (1st Supp.), s. 91]
The person in whose favour an allotment note under this Act is made may, unless the seaman is shown, in the manner specified in this Act, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted when they are payable, with costs, from the owner of the ship with respect to which the engagement was made, or from any agent of the owner who has authorized the allotment, in the same court and manner in which wages of seamen not exceeding two hundred and fifty dollars may be recovered under this Act.
A seaman’s right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever happens first.
Nothing in this section applies to a stipulation made by the seamen belonging to any ship that, according to the terms of the agreement, is to be employed on salvage service, with respect to the remuneration to be paid to them for salvage services to be rendered by that ship to any other ship.
A seaman does not by any agreement forfeit his lien on the ship to which he belongs, nor is he deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and does not by any agreement abandon his right to wages in case of the loss of the ship, or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provision of this Act is void.
Where a seaman or apprentice who would, but for death, be entitled by virtue of this section to demand and recover any wages dies before the wages are paid, they shall be paid and applied in the manner provided by this Act with respect to the wages of a seaman who dies during a voyage.
The right of wages does not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages, if the ship in which he has served had earned freight, is, subject to all other rules of law and conditions applicable to the case, entitled to demand and recover the wages, notwithstanding that freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores bars his claim for wages.
In subsections (2) and (3), seaman includes every person employed or engaged in any capacity on board a ship.
A seaman is not entitled to receive wages under this section if the owner shows that the unemployment was not due to the loss or foundering of the ship and is not entitled to receive wages under this section in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.
Where by reason of the loss or foundering of any ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he is entitled in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service to receive wages at the rate to which he was entitled at that date.
Where the service of any seaman belonging to any foreign-going or home-trade Canadian ship terminates before the date contemplated in the agreement, by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to proceed on the voyage granted as mentioned in Part IV, the seaman is entitled to wages for the time of service prior to that termination but not for any further period.
A seaman or apprentice is not entitled to wages for any time during which he unlawfully refuses or neglects to work, when required, whether before or after the time fixed by the agreement for his commencement of that work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.
Where a seaman is by reason of illness incapable of performing his duty and it is proved that the illness has been caused by his own wilful act or default, he is not entitled to wages for the time during which he is by reason of the illness incapable of performing his duty.
Whenever in any proceeding relating to seamen’s wages it is shown that a seaman or apprentice has in the course of the voyage been convicted of an offence by a competent tribunal, and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman, not exceeding fifteen dollars, to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.
Where a seaman, having signed an agreement, is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage, or before one month’s wages are earned, without fault on his part justifying that discharge, and without his consent, he is entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge, not exceeding one month’s wages, and may recover that compensation as if it were wages duly earned.
Nothing in this section affects the provisions of this Act with respect to allotment notes.
a payment of wages to the seaman or apprentice is valid in law, notwithstanding any previous sale or assignment of those wages, or any attachment, encumbrance or arrestment thereof.
a power of attorney or authority for the receipt thereof is not irrevocable; and
an assignment or sale thereof made prior to the accruing thereof does not bind the person making the same;
they are not subject to attachment or arrestment from any court, unless the attachment or arrestment is in respect of the garnishment or attachment of wages for the purpose of enforcing a support provision as defined in section 2 of the Family Orders and Agreements Enforcement Assistance Act;
With respect to wages due or accruing to a seaman or apprentice, the following provisions apply:
Whenever the service of any seaman belonging to a Canadian ship terminates, by the mutual consent of the seaman and the master of the ship, at any port within or outside Canada before the date contemplated in any agreement with the seaman or with the crew of the ship, the seaman is entitled to be paid off before he leaves the ship and his wages are payable up to the time when he leaves the ship.
The judge, provincial court judge or justices to whom a complaint on oath is made by a seaman or apprentice, or on his behalf, may summon the master or owner or other person to appear before him or them to answer the complaint.
A seaman or apprentice or a person duly authorized on his behalf may, as soon as any wages due to him not exceeding two hundred and fifty dollars become payable, sue for them, in a summary manner before any judge of the Court of Quebec or Superior Court of the Province of Quebec, any judge of the Superior Court of Justice in and for the Province of Ontario, any judge of the Supreme Court of Nova Scotia or British Columbia, any judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, any judge of the Court of Queen’s Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, any provincial court judge, or any two justices of the peace acting in or near the place at which his service has terminated, or at which he has been discharged, or at which any master or owner or other person on whom the claim is made is or resides, and the order made by the court in the matter is final.
Where the master, owner or other person does not appear, then, on due proof of the master or owner or other person having been duly summoned, the judge, provincial court judge or justices may examine on oath the complainant and his witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
On appearance of the master or owner or other person on whom a claim is made, the judge, provincial court judge or justices may examine on oath the parties and their respective witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
Any surplus, after the amount of the wages awarded and all the costs, charges and expenses are deducted, shall be paid to the person on whom the order is made.
Where an order made pursuant to section 206 is not obeyed within twenty-four hours after the making thereof, the judge, provincial court judge or justices may issue a warrant to levy the amount of the wages awarded by distress and sale of the goods and chattels of the person on whom the order is made, together with all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, and all costs, charges and expenses incurred in connection with the distress and levy, and the enforcement of the order.
Where the ship is not within the jurisdiction of the judge, provincial court judge or justices, they may cause the person on whom the order for payment is made to be apprehended and committed to the common jail of the locality or, if there is no jail in the locality, to the jail that is nearest to the locality, for a term not exceeding three months and not less than one month.
Where sufficient distress cannot be found, the judge, provincial court judge or justices may cause the amount of the wages and costs, charges and expenses to be levied on the ship in respect of which the wages were earned, or on the tackle and apparel thereof.
Subject to this Part, no other court in Canada has jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages in any amount.
where neither the owner nor the master is or resides within twenty miles of the place where the seaman or apprentice is discharged or put ashore.
where any judge, provincial court judge or justices, acting under the authority of this Act, refers the claim to the court; or
where the ship is under arrest or is sold by the authority of the Admiralty Court;
where the owner of the ship is insolvent within the meaning of the Bankruptcy and Insolvency Act;
The Admiralty Court does not have jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages not exceeding two hundred and fifty dollars, except in the following cases:
Where any suit for the recovery of a seaman’s wages is instituted against any ship or the master or owner thereof in the Admiralty Court, and it appears to the Court, in the course of the suit, that the plaintiff might have had as effectual a remedy for the recovery of his wages by complaint to a judge, provincial court judge or two justices of the peace under this Part, the judge shall certify to that effect, and thereupon no costs shall be awarded to the plaintiff.
Where a seaman on his return to Canada proves that the master or owner has been guilty of any conduct or default that but for this section would have entitled the seaman to sue for wages before the termination of the voyage or engagement, he is entitled to recover in addition to his wages such compensation not exceeding one hundred dollars as the court hearing the case thinks reasonable.
Where a seaman is engaged on a Canadian ship for a voyage or engagement that is to terminate in Canada, he is not entitled to sue in any court abroad for wages unless he is discharged with such sanction as is required by this Act and with the written consent of the master, or proves such ill-usage on the part or by authority of the master as to warrant reasonable apprehension of danger to his life if he were to remain on board.
In any action or other legal proceeding by the master of a ship for the recovery of any sum due to him on account of wages, the court may, if it appears to it that the payment of the sum due has been delayed otherwise than owing to the act or default of the master, or to any reasonable dispute respecting liability, or to any other cause not being the wrongful act or default of the person liable to make the payment, order that person to pay in addition to any sum due on account of wages, such sum as the court thinks just as damages in respect of the delay, without prejudice to any claim that may be made by the master on that account.
Where, in any proceeding in the Admiralty Court concerning the claim of a master in respect of wages or of the disbursements or liabilities described in subsection (2), any right of set-off or counterclaim is set up, the court may enter into and adjudicate on all questions, and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding, and may direct payment of any balance found to be due.
The master of a ship, and every person lawfully acting as master of a ship by reason of the decease or incapacity from illness of the master of the ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of the ship as a master has for the recovery of his wages.
The master of a ship, in so far as the case permits, has the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.
Where a proceeding is instituted in or before any court in relation to any dispute between the owner or master of a Canadian ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court if, having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the owner or master and the seaman or apprentice or any contract of apprenticeship, on such terms as the court thinks just, and this power is in addition to any other jurisdiction that the court may exercise independently of this section.
The money, effects, proceeds of sale of effects and balance of wages described in this section are in this Act referred to as the property of the seaman or apprentice.
The entry shall be signed by the master and attested by a mate and some other member of the crew.
a statement of the sum due to the deceased for wages and of the amount of deductions, if any, to be made from the wages.
in case of a sale, a description of each article sold and the sum received for each; and
a statement of the amount of the money and a description of the effects;
The master shall enter in the official log-book the following particulars:
The master may, if he thinks fit, cause any of the effects to be sold by auction at the mast or otherwise by public auction.
Where a seaman or apprentice belonging to a British ship, whether a foreign-going or a home-trade ship, the voyage of which is to terminate in Canada, dies outside Canada during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or apprentice that are on board the ship.
The receipt shall be produced by the master to a shipping master within forty-eight hours after his arrival at his port of destination in Canada.
The officer to whom a report is made pursuant to subsection (1) may, if he thinks it expedient, require the property of the deceased to be delivered and paid to him, and shall thereupon give to the master a receipt thereof, and endorse under his hand on the agreement with the crew such particulars with respect thereto as the Minister requires.
Where a seaman or apprentice described in subsection 214(1) dies and the ship before coming to a port in Canada touches and remains for forty-eight hours at a port outside Canada, the master shall report the death to the consular officer at that port or, if the port is in a Commonwealth country, to the Superintendent of a Mercantile Marine Office or the chief officer of customs there, and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage.
Where a seaman or apprentice described in subsection 214(1) dies and the ship proceeds at once to a port in Canada without touching and remaining at a port outside Canada, or the consular officer, superintendent or chief officer of customs does not require the delivery and payment of the property of the deceased to him, the master shall, within forty-eight hours after his arrival at his port of destination in Canada, deliver and pay the property to the shipping master at that port.
A shipping master in Canada shall grant to a master, on due compliance with those provisions of this section and sections 215 and 216 that relate to acts to be done at the port of destination, a certificate to that effect, and an officer of customs shall not enter a sea-going ship inward without the production of that certificate.
A deduction claimed by the master in an account given under subsection 215(1) shall not be allowed unless verified, if an official log-book is required to be kept, by an entry in that book made and attested as required by this Act, and also by such other vouchers, if any, as may reasonably be required by the chief officer of customs or consular officer or by the shipping master or officer to whom the account is given.
Where a seaman or apprentice dies during the progress of the voyage or engagement, the master shall give to the superintendent or the chief officer of customs in a Commonwealth country, or to the consular officer abroad, or to the shipping master or officer to whom delivery and payment is made an account in such form as they respectively require of the property of the deceased.
The property may be recovered in the same court and in the same manner in which the wages of seamen are recoverable under this Act.
Where any property of a deceased seaman or apprentice is not duly paid, delivered or accounted for by the master, the owner of the ship shall pay, deliver and account for the property, and it is recoverable from him accordingly, and if he fails to account for and deliver or pay the property, he is in addition to his liability for the property guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for, delivered or paid over or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.
If the master of a ship fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, to making in the official log-book the proper entries relating thereto, to procuring the proper attestation of those entries as required by this Act or to the payment or delivery of the property, he is accountable for the property to the Minister, and shall pay and deliver the property accordingly, and in addition, the master is guilty of an offence and liable to a fine not exceeding three times the value of the property not accounted for or, if its value is not ascertained, to a fine not exceeding two hundred and fifty dollars.
Where any seaman or apprentice belonging to a Canadian ship the voyage of which is to terminate in Canada, or who has within six months preceding his death belonged to any such ship, dies at any place outside Canada leaving any money or effects not on board the ship to which he belonged at the time of his death or to which he last belonged before his death, the Superintendent of a Mercantile Marine Office or the chief officer of customs in a Commonwealth country, and in other cases the consular officer at or near the place, is authorized to claim and take charge of the money and effects, subject to performance of the provisions of this Part and with the rights thereby conferred, and the money and effects shall be deemed to be property of a deceased seaman or apprentice within the meaning of this Part.
Every officer referred to in subsection (1) shall quarterly, or at such times as the Minister requires, remit the property in such manner, and shall render such accounts in respect thereof, as the Minister may require.
A Superintendent of a Mercantile Marine Office or a chief officer of customs in a Commonwealth country or a consular officer may, as he thinks fit, sell any of the property of a deceased seaman or apprentice delivered to him or of which he takes charge under this Act, and the proceeds of the sale shall be deemed to form part of that property.
Any duplicate agreement or list of the crew made, or statement of a change of the crew delivered, under this Act at the time of the last departure of the ship from Canada, or a certificate purporting to be a certificate from a consular or other public officer at any port outside Canada, stating that certain seamen and apprentices were shipped in the ship from that port, is, if produced out of the proper custody, in the absence of proof to the contrary, sufficient proof that the seamen and apprentices therein named as belonging to the ship were on board at the time of the loss.
Where in any proceeding for the recovery of the wages it is shown by some official return produced out of the proper custody, or by other evidence, that the ship has twelve months or more before the institution of the proceeding left a port of departure, the ship shall, unless it is shown that it has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time the ship was last heard of, or at such later time as the court hearing the case may think probable.
Where a seaman or apprentice is lost with the ship to which he belongs, the Minister may recover the wages due to him from the owner of the ship in the same court and in the same manner in which seamen’s wages are recoverable, and shall deal with those wages in the same manner as with the wages of other deceased seamen and apprentices under this Act.
Where a seaman or apprentice dies in Canada and is at the time of his death entitled to claim from the master or owner of a ship in which he has served any effects or unpaid wages, the master or owner shall pay and deliver or account for that property to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged, or to the Minister or as the Minister directs.
On making payment or delivery of the residue under this section, the Minister is discharged from all further liability in respect of the residue so paid or delivered.
Where the value of the property of a deceased master, seaman or apprentice does not exceed the sum of five hundred dollars, the Minister may, if the Minister thinks fit, pay or deliver the residue to any claimant who is proved to the Minister’s satisfaction to be the widow, widower or a child of the deceased or to be entitled to that property under the will, if any, of the deceased or under any law providing for the distribution or succession of personal property of deceased persons or otherwise.
Where any property of a deceased master, seaman or apprentice comes into the hands of the Minister under this Act, the Minister, after deducting any expenses incurred in respect of that master, seaman or apprentice, or of his property, shall pay and deliver the residue to the executor, administrator or other personal representative of the deceased or, if there is no personal representative of the deceased, the Minister shall dispose of the residue in accordance with the law of the province in which the deceased was last resident for determining the distribution or succession of personal property of deceased persons or in accordance with the order of such court as has jurisdiction to determine the distribution or succession of the property of the deceased.
Where any property of a deceased seaman or apprentice on a Canadian ship or the proceeds thereof comes into the hands of any consular officer, superintendent or officer of customs under section 215, 219 or 220, that officer shall forward such property to the Minister.
Every person who, for the purpose of obtaining, either for himself or for any other person, any property of any deceased seaman or apprentice,
assists in procuring any false evidence or representation to be given or made, knowing the evidence or representation to be false,
makes or assists in making, or procures to be made, any false representation, knowing the representation to be false, or
gives or assists in giving, or procures to be given, any false evidence, knowing the evidence to be false,
makes use of any document that has been forged or fraudulently altered as described in paragraph (a),
forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any document purporting to show or assist in showing any right to that property,
If the master and the officer or person making the examination certify in that statement that there was no reasonable ground for the complaint, each of the complainants is liable to forfeit to the owner out of his wages a sum not exceeding one week’s wages.
The master of the ship shall enter a statement, which may be signed by the officer or person making the examination, of the result of the examination in the official log-book of the ship, and send a report thereof to the Minister, and that report is admissible in evidence in the manner provided by this Act.
Where the officer, or person making the examination, finds that the provisions or water is of bad quality and unfit for use, or deficient in quantity, he may signify it in writing to the master of the ship.
Where three or more of the crew of a Canadian ship consider that the provisions or water for the use of the crew is at any time of bad quality, unfit for use or deficient in quantity, they may complain about it to any of the following officers, namely, an officer in command of one of Her Majesty’s ships, a consular officer, a shipping master or a chief officer of customs, and the officer may either examine the provisions or water complained of or cause it to be examined.
When, in the case of a Canadian ship that is in a Canadian port, the officer or person who has made an examination of the provisions or water for the use of the crew, as provided by this Act, has signified in writing to the master of the ship that he has found the provisions or water to be of bad quality and unfit for use, or deficient in quantity, if the master of the ship does not thereupon provide other proper provisions or water in lieu of any signified to be of bad quality and unfit for use, does not procure the requisite quantity of any provisions or water signified to be deficient in quantity, or uses any provisions or water signified to be of bad quality and unfit for use, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Where it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration, and shall modify or refuse compensation as the justice of the case requires.
in respect of bad quality, a sum not exceeding twenty-four cents a day.
if his allowance is reduced by more than one-third of that quantity, sixteen cents a day, or
if his allowance is reduced by not more than one-third of the quantity specified in the agreement, a sum not exceeding eight cents a day,
it is shown that any of those provisions are or have during the voyage been bad in quality and unfit for use,
during a voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, except in accordance with any regulations for reduction by way of punishment contained in the agreement with the crew, or for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore, or
Where
If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
The master of a Canadian ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served, and shall allow the weights and measures to be used at the time of serving the provisions and articles in the presence of a witness whenever any dispute arises about the quantities.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 23]
Every owner of a Canadian ship that contravenes any regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.
respecting the inspection, measuring and marking of crew accommodations on a ship and its certification for the purpose of ascertaining register tonnage and prescribing the fees to be charged therefor.
prescribing the water, heating, lighting, ventilation and sanitary facilities to be supplied on a ship; and
providing for the protection of the crew against injury, condensation, heat, cold and noise on a ship;
respecting the space and equipment to be provided for the sleeping rooms, wash rooms, mess rooms and galleys;
The Governor in Council may make regulations respecting the crew accommodation to be provided in Canadian ships, and, without restricting the generality of the foregoing, may make regulations
The Governor in Council may prescribe a fine not exceeding five hundred dollars or a term of imprisonment not exceeding six months or both, to be imposed on summary conviction, as a punishment for contravention of a regulation made under subsection (1).
Seafarers Identity Documents Convention, 1958.
Certification of Ships’ Cooks Convention, 1946; and
Food and Catering (Ships’ Crews) Convention, 1946;
Certification of Able Seamen Convention, 1946;
Medical Examination (Seafarers) Convention, 1946;
The Governor in Council may, subject to this Act, make such regulations as may appear to him to be necessary to give effect to the provisions of any of the following Conventions, and such regulations shall conform in all respects to the requirements of those Conventions:
If the master of the ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
if the ship is not at a place described in paragraph (a), after its first arrival at such a place,
if the ship is at a place where there is a justice or officer referred to in this subsection, after the statement, and
Where a seaman or apprentice while on board ship states to the master of the ship his desire to make a complaint to a justice of the peace, consular officer or officer in command of one of Her Majesty’s ships or one of Her Majesty’s Canadian ships against the master or any of the crew, the master shall, as soon as the service of the ship will permit,
Subject to this Act, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof does not bind the person making the assignment or sale, and a power of attorney or authority for the receipt of any salvage is not irrevocable.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 25]
The master or person in charge of the ship may take any person so offending into custody and deliver him up forthwith to any constable or peace officer, to be taken before any judge of the Court of Quebec or Superior Court of the Province of Quebec, judge of the Superior Court of Justice in and for the Province of Ontario, judge of the Supreme Court of Nova Scotia or British Columbia, judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, judge of the Court of Queen’s Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, or provincial court judge, to be dealt with according to this Part.
if armed at the time with, or carrying about his person, any pistol, gun or other firearm or offensive weapon, to imprisonment for any term of not more than five years and not less than two years.
if unarmed at the time, to imprisonment for a term of not more than three years and not less than six months; and
Any person, other than a person excepted by subsection (1), who goes on board a ship without the permission or against the orders of the master or person in charge of the ship is guilty of an offence and liable,
No person other than an owner, agent of an owner, consignee of the ship or cargo, a person in the employment of any of them, an officer or person in Her Majesty’s service or employment, or a harbour master, deputy harbour master, health officer, customs officer, pilot, shipping master or deputy shipping master shall, without the permission or against the orders of the master or person in charge of the ship, go on board any ship.
Every person is guilty of an offence and, without prejudice to the right of recovery from him of any amount payable by him as fare, liable to a fine not exceeding ten dollars, who
without reasonable excuse, proof whereof lies on him, fails, when requested by the master or other officer of a steamship, either to pay his fare or exhibit a ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on steamships.
after having been refused admission to board a steamship by the owner or any person in his employment on account of the steamship being full, and having had the amount of his fare, if he has paid it, returned or tendered to him, persists in attempting to board the steamship; or
after warning by the master or other officer of the steamship, molests or continues to molest any passenger;
being drunk or disorderly on board a steamship, is requested by the owner or any person in his employment to leave the steamship at any place in Canada that is a reasonably convenient place to leave the steamship, and does not comply with that request;
being drunk or disorderly, has been on that account refused admission to board a steamship by the owner or any person in his employment, and persists in attempting to board the steamship;
Every person on board a steamship who, without reasonable excuse, proof whereof lies on him, does or causes to be done, anything in such manner as to obstruct or injure any part of the machinery or tackle of the steamship, or to obstruct, impede or molest the crew, or any of them in the navigation or management of the steamship or otherwise in the execution of their duty on or about the steamship, is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Any justice of the peace has jurisdiction under sections 238 and 239, either in the place where the offence was committed or, if committed while the steamship is under way, in the place where it next stops.
The master or other officer of any steamship, and all persons called by him to his assistance, may detain any offender under any of the provisions of sections 238 and 239, whose name and address are unknown to that master or officer, and may convey the offender with all convenient dispatch before any justice or justices of the peace, and any offender conveyed before any justice or justices under this section shall be dealt with as if arrested, and brought before them on his or their warrant under the provisions of the Criminal Code relating to summary convictions.
A master, seaman or apprentice belonging to a Canadian ship who, by wilful breach of duty, by neglect of duty or by reason of drunkenness,
refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life or limb,
does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of a person belonging to or on board the ship, or
A seaman is not guilty of an offence under this section by reason only of his taking part in a lawful strike after his ship and cargo have been placed in security to the satisfaction of the harbour master or the master of the ship where no harbour master is available, at the terminal port in Canada of the voyage in which the ship is engaged.
is absent at any time without leave and without sufficient reason from the ship or from his duty, is, if the offence
is absent without leave at any time within twenty-four hours of the sailing of the ship from a port, either at the commencement or during the progress of a voyage, or
neglects or refuses without reasonable cause to join the ship or to proceed to sea in the ship,
A seaman or apprentice belonging to a Canadian ship who
A seaman or apprentice belonging to a Canadian ship who deserts the ship is guilty of the offence of desertion and liable on summary conviction to a fine not exceeding two thousand dollars.
[Repealed, 1992, c. 1, s. 146]
Where a seaman is sentenced to a term of imprisonment under subsection (1), the court may discharge the seaman from his ship.
if he aids or procures a person to stow away on the ship, for which that person is afterwards convicted, he is liable to imprisonment for a period not exceeding six months and to pay to the master or owner of the ship a sum sufficient to reimburse any expenses occasioned to that master or owner in respect of that stowaway, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.
if he is convicted of any act of smuggling, whereby loss or damage is occasioned to the master or owner of the ship, he is liable to pay to that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy; and
if he wilfully damages the ship or steals or wilfully damages any of the ship’s stores or cargo, he is liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for a period not exceeding three months;
if he combines with any of the crew to disobey lawful commands to neglect duty or to impede the navigation of the ship or the progress of the voyage, he is liable to imprisonment for a period not exceeding three months;
if he assaults the master or any mate or certificated engineer of the ship, he is liable to imprisonment for a period not exceeding three months;
if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he is liable to imprisonment for a period not exceeding three months and, at the discretion of the court, to forfeit for every twenty-four hours continuance of that disobedience or neglect, a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute;
if he is guilty of wilful disobedience to any lawful command, he is liable to imprisonment for a period not exceeding one month and, at the discretion of the court, to forfeit out of his wages a sum not exceeding two days pay;
if he quits the ship without leave after the ship’s arrival at the port of delivery and before the ship is placed in security, he is liable to forfeit out of his wages a sum not exceeding one month’s pay;
Where a seaman or an apprentice commits any of the following offences in respect of a Canadian ship, in this Act referred to as “offences against discipline”, he is liable, on summary conviction, to be punished as follows:
Nothing in section 247, or in the sections relating to the offences of desertion or absence without leave, takes away or limits any remedy by action or by summary procedure before justices that an owner or master would but for those provisions have for any breach of contract in respect of the matters constituting an offence under those provisions, but an owner or master shall not be compensated more than once in respect of the same damage.
The fine imposed under subsection (1) may be deducted from any wages the seaman may earn by virtue of his engagement, and shall, subject to reimbursement of the loss and expenses, if any, occasioned by any desertion prior to the engagement, be paid and applied in the same manner as other fines under this Act.
A seaman who, on or before being engaged, wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship, or wilfully and fraudulently makes a false statement of his own name, is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
In any subsequent legal proceeding, the entries required by this section shall, if practicable, be produced or proved, and in default of that production or proof, the court hearing the case may, in its discretion, refuse to receive evidence of the offence or act of misconduct.
a statement of a copy of the entry having been so furnished, or of the entry having been so read over, and, in either case, the reply, if any, made by the offender, shall be entered in the official log-book and signed in the manner referred to in paragraph (a).
the offender, if on board the ship, shall before the next arrival of the ship at any port, or, if the ship is at the time in port, before its departure therefrom, either be furnished with a copy of the entry or have it read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit; and
an entry of the offence or act shall be made in the official log-book of the ship, and signed by the master and by the mate or one of the crew;
Where any offence, within the meaning of this Act, of desertion or absence without leave or against discipline is committed, or where any act of misconduct is committed for which the offender’s agreement imposes a fine and it is intended to enforce the fine,
The copy shall be forthwith transmitted by the master to the Minister, and is admissible in evidence in the manner provided by this Act.
In every case of desertion from a ship in any port out of Canada, the master shall produce the entry of the desertion in the official log-book of the ship to the person by this Act authorized to grant certificates for leaving seamen behind abroad, and request that person to make and certify a copy of the entry.
A shipping master shall keep at his or her office a list of the seamen who, to the best of his or her knowledge and belief, have deserted or failed to join their ships after signing an agreement to proceed to sea in them, and shall on request show the list to a master of a ship, but the shipping master is not liable in respect of any entry made in good faith in the list.
The desertion shall thereupon, in so far as it relates to any forfeiture of wages under this Part, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge, or can otherwise show to the satisfaction of the court before which the case is heard that he had sufficient reasons for leaving his ship.
Whenever a question arises as to whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it is sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement, or, if the voyage was to terminate in Canada and the ship has not returned, that he is absent from the ship, and that an entry of his desertion has been duly made in the official log-book of the ship.
Where any effects of a seaman or apprentice who has deserted a ship and has been entered as a deserter in the official log-book of the ship come into the hands of a shipping master, the effects may be sold or otherwise disposed of as the shipping master may see fit, and, if sold, the proceeds of the sale after deducting the expenses thereof shall be applied as provided in subsection (1).
Where wages are forfeited under this Act in any case other than for desertion, the forfeiture shall, in the absence of any specific provision to the contrary, be for the benefit of the master or owner by whom the wages are payable.
For the purpose of the reimbursement described in subsection (1), the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if they had not been forfeited, and a court in any legal proceeding relating to those wages may order them to be paid accordingly.
Where any wages or effects of a seaman or apprentice are under this Act forfeited for desertion from a ship, those effects may be converted into money, and those wages and effects, or the money arising from the conversion of the effects, shall be applied toward reimbursing the expenses caused to the master or owner of the ship by the deserter, and the remainder, if any, shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.
Any question concerning the forfeiture of or deductions from the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.
Where a seaman contracts for wages by the voyage, by the run or by the share, and not by the month or other stated period of time, the amount of forfeiture to be incurred under this Act shall be an amount bearing the same proportion to the whole wages or share, as a month or any other period hereinbefore mentioned in fixing the amount of the forfeiture, as the case may be, bears to the whole time spent in the voyage or run, and if the whole time spent in the voyage or run does not exceed the period for which the pay is to be forfeited, the forfeiture shall extend to the whole wages or share.
Every seafaring person whom the master of a ship is, under the authority of this or any other Act, compelled to take on board and convey, and every person who stows away on a Canadian ship, shall, as long as he remains on board the ship, be deemed to belong to the ship, and be subject to the same laws and regulations for preserving discipline, and to the same fines and punishments for offences constituting or tending to a breach of discipline, as if he were a member of, and had signed the agreement with, the crew.
on conviction on indictment, to imprisonment for a term not exceeding two years.
on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both; or
A person who stows away on a Canadian ship is guilty of an offence and liable
An act of misconduct for which any fine has been inflicted and paid by or deducted from the wages of the seaman shall not be otherwise punished under this Act.
Every master or owner who fails without reasonable cause to pay any fine as required by this section is guilty of an offence and liable to a fine not exceeding six times the amount of the fine not so paid.
Every fine deducted under subsection (1) shall be paid to the shipping master if the offender is discharged in Canada, or, if the offender is discharged abroad, to the proper authority, who will remit any amounts received under this section at such times and in such manner, and render such accounts in respect thereof, as the Minister shall request.
if the offender is discharged abroad, and the offence is proved to the satisfaction of the proper authority by whose sanction the offender is discharged, the fine shall be deducted as described in paragraph (a) and an entry made in the official log-book of the ship and signed by the authority to whose satisfaction the offence is proved.
if the offender is discharged in Canada, and the offence, and the entry in the log-book of the ship required by this Act in respect thereof, are proved to the satisfaction, in the case of a foreign-going ship, of the shipping master before whom the offender is discharged, and in the case of a home-trade ship, of the shipping master at the port at which the crew are discharged, the master or owner shall deduct the fine from the wages of the offender; and
Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted as follows:
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 29]
Every person who wilfully harbours or secretes a seaman or apprentice belonging to a ship who has wilfully neglected or refused to join or has deserted the ship, knowing or having reason to believe the seaman or apprentice to have done so, is guilty of an offence and liable, for every seaman or apprentice so harboured or secreted, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding six months, and for any subsequent offence to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding twelve months.
Every person who persuades or attempts to persuade a seaman or apprentice belonging to any ship unlawfully to neglect or refuse to join or proceed to sea in or to desert the ship, or otherwise to absent himself from his duty, is guilty of an offence and liable, for the first offence, to a fine not exceeding fifty dollars or to imprisonment for a term not exceeding six months, and for any subsequent offence to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding nine months.
Any justice of the peace at any port or place in Canada, on complaint before him on oath that any seaman or apprentice is concealed or secreted in any dwelling-house or outhouse, or on board any ship or elsewhere, shall grant a warrant, under his hand and seal, addressed to a constable or constables at that port or place, commanding him or them to make diligent and immediate search, in or about that dwelling-house or outhouse, or on board that ship, or in such other place or places as are specified in the warrant and to bring before him every seaman or apprentice found concealed, whether named in the warrant or not.
Every entry made in an official log-book in the manner provided by this Act is admissible in evidence.
if it is an entry of wages due to a seaman who enters Her Majesty’s naval service, by the seaman, or by the officer authorized to receive the seaman into that service.
if it is an entry of wages due to, or of the sale of the effects of, a seaman or apprentice who dies, by the mate and by some member of the crew besides the master; and
if it is an entry of illness, injury or death, by the surgeon or medical practitioner on board, if any;
Every entry in the official log-book shall be signed by the master, and by the mate or some other member of the crew, and also,
An entry required by this Act in an official log-book shall be made as soon as possible after the occurrence to which it relates, and if not made on the same day as that occurrence shall be made and dated so as to show the date of the occurrence and of the entry respecting it, and if made in respect of an occurrence happening before the arrival of the ship at its final port of discharge shall not be made more than twenty-four hours after that arrival.
The official log of a ship may, at the discretion of the master or owner, be kept distinct from, or united with, the ordinary ship’s log, so that in all cases the spaces in the official log-book will be duly filled up.
The Minister shall approve forms of official log-books, which may be different for different classes of ships, so that each such form shall contain proper spaces for the entries required by this Act.
An official log shall be kept in every foreign-going ship and every home-trade ship of or over fifty tons register tonnage registered in Canada in the appropriate form for that ship approved by the Minister.
The master of a ship for which an official log is required shall enter or cause to be entered in the official log-book the following matters:
any other matter directed by this Act to be entered.
the date and time of posting up in the ship of a notice containing particulars of the ship’s draught and freeboard; and
every collision with any other ship and the circumstances under which the collision occurred;
the sale of the effects of any seaman or apprentice who dies during a voyage, including a statement of each article sold and the sum received for it;
the wages due to any seaman or apprentice who dies during a voyage, and the gross amount of all deductions to be made therefrom;
the wages due to any seaman who enters Her Majesty’s naval service during the voyage;
the name of every seaman or apprentice who ceases to be a member of the crew, otherwise than by death, with the place, time, manner and cause thereof;
every marriage taking place on board the ship with the name and ages of the parties;
every birth of a child and death of a person happening on board the ship, and the particulars required by Schedule II;
every case of illness or injury happening to a member of the crew, with the nature thereof, and the medical treatment adopted, if any;
a statement of the conduct, character and qualifications of each member of the crew or a statement that he declines to give an opinion on those particulars;
every offence for which punishment is inflicted on board and the punishment inflicted;
every offence committed by a member of the crew for which it is intended to prosecute, to enforce a forfeiture or to exact a fine, together with such statement concerning the copy or reading over of that entry, and concerning the reply, if any, made to the charge, as required by this Act;
every conviction by a legal tribunal of a member of the crew and the punishment inflicted;
In addition to the entries in the official log-book required by section 262, the masters of all Canadian ships that are engaged in international voyages shall enter or cause to be entered in that book the following matters:
a daily record of radio conditions and of the state of the ship’s radio equipment.
a record of the time of opening and closing watertight doors; and
a record of practices of opening and closing watertight doors;
a record of boat and fire drills and examination of life-saving appliances and fire-extinguishing equipment;
the positions of the deck line and load line;
If the master or owner of a ship fails without reasonable cause to comply with this section he is subject to the same consequences and liabilities to which he is subject for the non-delivery of the list of the crew required to be delivered under this Part.
The master or owner of every home-trade Canadian ship for which an official log is required to be kept shall, within twenty-one days after June 30 and December 31 in every year, transmit or deliver the official log-book for the preceding half year to a shipping master in Canada.
The master of every foreign-going Canadian ship shall, within forty-eight hours after the ship’s arrival at its final port of destination in Canada or on the discharge of the crew, whichever first happens, deliver the ship’s official log-book of the voyage to the shipping master before whom the crew is discharged.
If the master or owner of a ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Where a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping master at the port to which the ship belonged the official log-book, if any, duly made out to the time of the loss or abandonment.
Where, by reason of transfer of ownership or change of employment of a Canadian ship, the official log ceases to be required in respect of the ship or to be required at the same date, the master or owner of the ship shall, if the ship is then in Canada, within one month, and if it is elsewhere, within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log-book of the ship, if any, duly made out to the time of the cessation.
Every person who wilfully destroys or mutilates or renders illegible any entry in an official log-book of a ship, or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log-book, is guilty of an indictable offence.
Every person who makes, procures to be made or assists in making any entry in an official log-book in respect of any occurrence at a time prior to the arrival of the ship at its final port of discharge more than twenty-four hours after that arrival, is guilty of an offence and liable to a fine not exceeding one hundred and fifty dollars.
Where an official log-book of a ship is not kept in the manner required by this Act, or if an entry directed by this Act to be made therein is not made at the time and in the manner directed by this Act, the master is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The master
any marriage that takes place on board, with the date thereof, and the names and ages of the parties.
the property belonging to any members of the crew who have died, with a statement of the manner in which it has been dealt with, and the money for which any part of it has been sold, and
the wages due at the time of death to any members of the crew who have died,
the names of any members of the crew who have been maimed or hurt, with the time, place, cause and circumstances thereof,
the names of any members of the crew who have ceased to belong to the ship, with the times, places, causes and circumstances thereof,
the names, ages and places of birth of all the crew, including the master and apprentices, their ratings on board, their last ships or other employments and the dates and places of their joining the ship,
the length and general nature of its voyage or employment,
the number and date of the ship’s register and its register tonnage,
of a home-trade ship,
of a foreign-going British ship registered in any Commonwealth country whose crew is discharged in Canada, and
If the master in the case of a foreign-going ship, or the master or owner in the case of a home-trade ship, fails without reasonable cause to deliver or transmit the list of the crew as required by this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
in the case of a home-trade ship, shall be delivered or transmitted by the master or owner to a shipping master in Canada on or within twenty-one days after June 30 and December 31 in each year,
in the case of a foreign-going ship, shall be delivered by the master within forty-eight hours after the arrival of the ship at its final port of destination in Canada, or on the discharge of the crew, whichever first happens, to the shipping master before whom the crew is discharged, and
The list of the crew
If the master or owner of a ship fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
Where a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping master at the port to which the ship belonged the list of the crew, duly made up to the time of the loss or abandonment.
Where by reason of the transfer of ownership or change of employment of a ship the list of the crew ceases to be required in respect of the ship, or to be required at the same date, the master or owner of the ship shall, if the ship is in Canada, within one month, and, if it is elsewhere, within six months, after that cessation deliver or transmit to the shipping master at the port to which the ship belonged the list of the crew, duly made up to the time of the cessation.
This section does not apply to United States ports on the Great Lakes or St. Lawrence River.
In a prosecution under this section against a master, the burden of proof that this section has not been contravened is on the master.
A master to whom this section applies who, without reasonable cause, fails to comply with this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars.
Where it appears to the officer to whom the documents referred to in subsection (1) are delivered that this Act has been contravened, the officer shall make an endorsement to that effect on the agreement with the crew and forthwith shall send to the Minister a copy of the endorsement with all the information in his possession relating to the alleged contravention.
The officer to whom the documents referred to in subsection (1) are delivered shall keep them during the ship’s stay in the port and on the application of the master or a person on his behalf shall return the documents to him within a reasonable time prior to the expected time of departure of the ship, with a certificate endorsed on the agreement with the crew indicating the times each of the documents was delivered to him and returned by him.
Whenever a Canadian ship arrives at a port in a Commonwealth country or at a port elsewhere at which there is a consular officer, and remains there for forty-eight hours, the master shall, within forty-eight hours after the ship’s arrival, deliver to the chief officer of customs or to the consular officer, as the case may be, the agreement with the crew, and also all indentures and assignments of apprenticeships, or such of those documents as the ship carries.
If the master of any ship fails to comply with any requirement of this section, he is guilty of an offence and liable to a fine not exceeding twenty-five dollars.
The officers of customs, Superintendent of a Mercantile Marine Office or consular officer shall send a certified copy of the return relating to births and deaths on board a ship to the Minister who shall cause the information contained therein to be sent to the government of the province where the port of registry of the ship is located.
The master of every Canadian ship on its arrival at a port in Canada, or at such other time and place as the Governor in Council may by regulation or otherwise, with respect to any ship or class of ships, direct, shall deliver or transmit in such form as the Minister directs, a return of the facts recorded by him in respect of the birth of a child or the death of a person on board the ship, to the chief officer of customs if in Canada and to the Superintendent of a Mercantile Marine Office or chief officer of customs if in any other Commonwealth country and to a consular officer if elsewhere.
If a master fails, without reasonable cause, to comply with this section, he is guilty of an offence and liable to a fine not exceeding five hundred dollars.
Where, during the progress of a voyage, the master of any Canadian ship is removed or superseded, or, for any other reason, quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the certificate of registry and the various documents that relate to the navigation of the ship and to the crew thereof and that are in his custody, and his successor shall immediately on assuming the command of the ship enter in the log-book of the ship a list of the documents so delivered to him.
Every person who contravenes this section is guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.
There shall be included in every agreement with the crew of a sea-going Canadian ship entered into under this Act a list of the persons under eighteen years of age who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no agreement with the crew the master of the ship shall, if persons under eighteen years of age are employed thereon, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or ceased to be members of the crew, and the register so kept shall at all times be open to inspection.
A certificate granted under subsection (6) remains in force for a period of twelve months from the date on which it is granted, and no longer, but if the period of twelve months expires at some time during the course of the voyage of the vessel in which the person under eighteen years of age is employed, the certificate remains in force until the end of the voyage.
A shipping master or consular officer may on the ground of urgency authorize a person under eighteen years of age to be employed on board a vessel notwithstanding that a certificate granted under subsection (6) has not been delivered to the master of the vessel, but the person in whose case an authorization is given under this subsection shall not be employed beyond the first port at which the vessel calls after that person has embarked thereon, unless subsection (6) has been complied with.
No person under eighteen years of age shall be employed in any capacity in any vessel unless there has been delivered to the master of the vessel a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.
There shall be included in every agreement with the crew a short summary of subsections (3) and (4).
Where in any port a trimmer or stoker is required for any vessel and no person of or over the age of eighteen years is available to fill the place, a person over the age of sixteen years may be employed as trimmer or stoker, but in any such case two persons over the age of sixteen years shall be employed to do the work that would otherwise have been performed by one person of or over the age of eighteen years.
in a vessel that is mainly propelled otherwise than by means of steam.
in a school ship or training ship where the work is of a kind approved by the Minister, and is carried on subject to such supervision as the Minister may approve; or
No person under eighteen years of age shall be employed or work as a trimmer or stoker in any vessel except
Subsection (1) does not apply to special purpose personnel on board a special purpose ship.
This section does not apply to a vessel in which only members of one family are employed.
Subject to this section, no person under fifteen years of age shall be employed in any vessel.
If the master of any ship attempts to take the ship from any port in Canada without previous compliance on his part with all the requirements of this Part, he is guilty of an offence and liable to a fine not exceeding two hundred dollars.
Where in any matter relating to a ship or to a person belonging to a ship there appears to be a conflict of laws, if there is in this Part any provision on the subject that is hereby expressly made to extend to that ship, the case shall be governed by that provision, but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered.
Records of service of seamen shall be kept in the Department and the Minister may establish a scale of fees to be charged for copies of such records, which fees shall be paid to the Receiver General and form part of the Consolidated Revenue Fund.
All shipping masters and all officers of customs shall take charge of all documents that are delivered or transmitted to or retained by them in pursuance of this Act, and shall transmit them to the Minister who shall record and preserve them, and the documents are admissible in evidence and shall be open to the inspection of any person.
The Governor in Council may make regulations to carry into effect any scheme proposed by the government of any part of the Commonwealth relating to
the recovery of any expenses in connection with the matters described in paragraphs (a) to (c).
the dealing with effects of deceased seamen and with wages of seamen left behind by ships; and
the payment of the expenses of medical attendance, maintenance, burial and repatriation in cases of injury or illness of seamen;
the relief and repatriation of seamen;
where the question of the forfeiture of the wages and effects of the seaman has been dealt with in legal proceedings lawfully instituted before the termination of the voyage, or within forty-eight hours of the arrival of the ship at the port at which the voyage terminates.
where the master of the ship satisfies the proper officer that the net amount due to the seaman on account of wages, after taking into account any deductions lawfully made in respect of allotments, advances or otherwise, is less than twenty dollars, and the master does not exercise his option to deal with the delivery and reimbursement accounts collectively; or
where the amount of wages earned by the seaman, after taking into account any deductions made in respect of allotments or advances for which provision is made by the agreement with the crew, appears from the agreement to be less than twenty-five dollars, and the master of the ship does not exercise his option to deal with the delivery and reimbursement accounts collectively;
where the master of the ship satisfies the proper officer that none of the effects of the seaman have to his knowledge been left on board the ship, and that he has paid all wages due to the seaman;
This section does not apply in the case of an absent seaman,
If the master of a ship fails without reasonable cause to comply with this section, he is, without prejudice to any other liability, guilty of an offence and liable to a fine not exceeding one hundred dollars, and, if he delivers a false account or makes a false statement or representation for the purposes of this section, he is guilty of an indictable offence.
Any sums remitted under this section, or arising from the sale of effects under this section, shall be paid into the Consolidated Revenue Fund, and any sums payable by the Minister under this section shall be paid out of moneys provided by Parliament for that purpose.
For the purpose of subsections (12) to (14), any legal proceedings taken or any claim made by a person in whose favour an allotment note has been made shall be treated as proceedings taken or a claim made by the seaman.
The Minister may, if and in so far as he thinks fit, meet any claim made by a seaman against the master or owner of the ship in respect of any wages or effects dealt with under this section, although legal proceedings are not actually taken in respect thereof, if he has given notice to the master or owner of the ship, and the master or owner has not given written notice of objection within ten days of the notice being given.
The Minister is entitled to appear and be heard in any proceedings described in subsection (12) by any of his officers.
those wages and effects are not required for reimbursing any expenses incurred by or on behalf of the Crown, or incurred by the government of a foreign country and repaid to that government by or on behalf of the Crown, as expenses of a distressed seaman on behalf of the seaman.
he can do so out of the wages and effects remitted to him, in respect of the voyage of the ship; and
If, after the wages or effects of a seaman have been dealt with under this section, any legal proceedings are taken in respect of those wages or effects, or involving the forfeiture of those wages or effects, or of any sum out of the wages, by the seaman against the master or owner of the ship, or by the master or owner of the ship against the seaman, the Minister shall, if notice is given to him of the proceedings, and a reasonable opportunity afforded him of appearing, comply with any order of the court made with respect to the wages or effects, in so far as
Subject to subsection (12), the Minister is not liable for anything done under this section.
The master of the ship is under no liability for any loss of effects or for any damage to the effects if he proves to the proper officer that the loss or damage occurred without his neglect or privity after the seaman left the ship.
The effects of a seaman shall be sold by the proper officer in such manner as he thinks fit when they are delivered to him, unless the Minister directs to the contrary, and, if not so sold, shall be sold by the Minister as and when he thinks fit unless they are delivered to the seaman.
In this section, the expression effects includes the proceeds of any sale of the effects if those effects are sold under this section.
The proper officer shall, subject to any repayment made under this section, remit the effects, and any amount received by him on account of wages under this section, at such time and in such manner as the Minister requires, and shall render such accounts in respect thereof as the Minister directs.
Where during the voyage of a ship two or more seamen have been left behind, the delivery and reimbursement accounts furnished with respect to each seaman may at the option of the master of the ship be dealt with, as between him and the proper officer, collectively instead of individually, and in that case the master of the ship is entitled to be reimbursed out of the total amount of the wages and effects of the seamen left behind the total of the amounts allowed under this section as properly chargeable on the reimbursement accounts, and shall be required to deliver to the proper officer on account of wages only the sum by which the total of the amounts shown on the delivery accounts to be due on account of wages exceeds the total of the amounts allowed as properly chargeable on the reimbursement accounts.
Where the master of the ship is aggrieved by the decision of the proper officer respecting the sums to be allowed as properly chargeable on his reimbursement account, and the amount in dispute exceeds fifty dollars, he may appeal from the decision of the proper officer to a court of summary jurisdiction.
The proper officer, before allowing any sums to be deducted or repaid under subsection (3), may require such evidence as he thinks fit respecting the sums being properly chargeable to be given by the master of the ship either by statutory declaration or otherwise.
The master of the ship is entitled to be reimbursed out of the wages or effects of the seaman any sums shown in the reimbursement account that appear to the proper officer or, in case of an appeal under this section, to a court of summary jurisdiction to be properly chargeable, and for that purpose the officer, or, if necessary, in the case of an appeal, the Minister, shall allow those sums to be deducted from the amount due on account of wages shown in the delivery account, and, in so far as that amount is not sufficient, to be repaid to the master out of the effects of the seaman.
The master of the ship shall deliver to the proper officer, if he will receive them, the effects of the seaman as shown in the delivery account, and subject to any deductions allowed under this section, the amount due on account of wages as shown in that account, and the officer shall give to the master a receipt, in a form approved by the Minister, for any effects or amount so delivered.
on the termination of the voyage during which the seaman was left behind, furnish to the proper officer, within forty-eight hours after the arrival of the ship at the port at which the voyage terminates, accounts in a form approved by the Minister, one, in this section referred to as the “delivery account”, of the effects and wages of the seaman, and the other, in this section referred to as the “reimbursement account”, of any expenses caused to the master or owner of the ship by the absence of the seaman in cases where the absence is due to desertion, neglect to join his ship or any other conduct constituting an offence under section 242, and the master shall, if required by the proper officer, furnish such vouchers as may be reasonably required to verify the accounts.
as soon as may be, enter in the official log-book of the ship a statement of the effects left on board by the seaman and of the amount due to the seaman on account of wages at the time when he was left behind; and
Where a seaman belonging to any Canadian ship is left behind outside Canada, the master of the ship shall, subject to this section,
If the master of a ship fails to comply with this section, he is guilty of an indictable offence, and in any legal proceeding for the offence the onus lies on the master to prove that the sanction was obtained or could not be obtained or was unreasonably withheld.
The authority to whom an application is made for sanction under this section may, and, if not a merchant, shall, examine into the grounds on which a seaman is to be discharged at a place outside Canada, and for that purpose may, if he thinks fit, administer oaths, and may grant or refuse the sanction as he thinks just, but that sanction shall not be unreasonably withheld.
The master of a Canadian ship shall not discharge a seaman at any place outside Canada, except at a port in the country in which he was shipped, unless he previously obtains, endorsed on the agreement with the crew, the sanction of the proper authority, but that sanction shall not be refused where the seaman is discharged on the termination of his service.
Where the master of a Canadian ship discharges a seaman at any place outside Canada, he shall give that seaman a certificate of discharge in a form approved by the Minister and, in the case of any certificated officer whose certificate he has retained, shall return that certificate to him.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 31]
if defrayed by the proper authority or by any other person, unless the seaman has been guilty of barratry, are a charge on the ship to which the seaman belonged, and may also be recovered against the person who is the owner of the ship for the time being, or, where the ship has been lost, against the person who was the owner of the ship at the time of the loss, or, where the ship has been transferred to a person not being a British subject, either against the owner for the time being or against the person who was the owner of the ship at the time of the transfer, at the suit of the proper authority or other person defraying the expenses, or, where they have been allowed to the authority or person out of public money, as a debt to the Crown, either by ordinary process of law or in the court and in the manner in which wages may be recovered by seamen.
if defrayed by the seaman, are recoverable as wages due to him; and
If the master fails, without reasonable cause, to comply with this section, the expenses of maintenance and of the journey to the proper return port,
Where the service of a seaman belonging to a Canadian ship terminates at a port outside Canada otherwise than by the consent of the seaman to be discharged during the currency of the agreement, the master of the ship shall, besides giving the seaman the certificate of discharge required under this Part and paying the wages to which the seaman is entitled, make adequate provision in accordance with this Act for his maintenance and for his return to a proper return port, and shall request the proper authority to endorse on the agreement with the crew of the ship that the seaman is leaving the particulars of any provision so made.
Where a seaman is discharged pursuant to subsection (1), the provisions of this Part respecting the certificate of discharge, and the return of the seaman to a proper return port, apply as if the service of the seaman had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement, and apply to foreign seamen whether they have been shipped at a port in Canada or not.
Where a Canadian ship is transferred or disposed of at any port outside Canada, any seaman belonging to that ship shall be discharged unless the seaman consents in writing in the presence of the proper authority to complete the voyage of the ship if continued.
In all other cases, any reasonable expenses duly incurred by the owner for any seaman in respect of illness, and also any reasonable expenses duly incurred by the owner in respect of the burial of any seaman who dies while on service, shall, if duly proved, be deducted from the wages of the seaman.
The expense of all medicines, surgical and medical advice, and attendance, given to a master or seaman while on board his ship shall be defrayed in the manner described in subsection (1).
Where the master or a seaman is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expense of the removal and of providing the necessary advice, attendance and medicine, and of his maintenance while away from the ship, shall be defrayed in the manner described in subsection (1).
Where the master of, or a seaman belonging to, a Canadian ship receives any hurt or injury in the service of the ship, or suffers from any illness, not being an illness due to his own wilful act or default or to his own misbehaviour, the expense of providing the necessary surgical and medical advice and attendance and medicine, the expenses of the maintenance of the master or seaman until he is cured, dies or is returned to a proper return port, and of his conveyance to the port, and in the case of death the expense, if any, of his burial, shall be defrayed by the owner of the ship, without any deduction on that account from his wages.
The owner of every ship that is not a Canadian ship is liable for the cost of all medical and surgical treatment and hospital care provided in Canada to a person employed by him on that ship.
In any proceeding for recovery of expenses under subsection (2), a certificate of the facts, signed by the authority referred to in subsection (1), together with such vouchers, if any, as the case requires, is sufficient proof that the expenses were duly paid by that authority.
Where the expenses described in subsection (1) are not repaid, the amount thereof is, with costs, a charge on the ship, and is recoverable as a debt to the Crown, either by ordinary process of law or in the court and in the manner in which wages may be recovered by seaman from the master or owner of the ship for the time being or, where the ship has been lost, from the person who was the owner of the ship at the time of the loss, or, where the ship has been transferred to a person not being a British subject, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer.
Where any of the expenses attendant on the illness, hurt or injury of a seaman that are to be paid under this Act by the master or owner are paid by any authority on behalf of the Crown, or if any other expenses in respect of the illness, hurt or injury of any seaman whose wages are not accounted for under this Act to that authority are so paid, those expenses shall be repaid to the authority by the master or owner of the ship.
If the master of a ship fails to comply with this section, he is, without prejudice to his liability under any other provision of this Act, guilty of an offence, and in any legal proceeding for the offence the onus lies on the master to prove that the certificate was obtained or could not be obtained without unreasonable delay to the ship or was unreasonably withheld.
The authority to whom an application is made for a certificate under this section may examine into the grounds on which a seaman is to be left behind, and for that purpose may, if he thinks fit, administer oaths, and may grant or refuse the certificate as he thinks just, but the certificate shall not be unreasonably withheld.
The master of a Canadian ship shall not leave a seaman behind at any place outside Canada, ashore or at sea, except where the seaman is discharged in accordance with this Act, unless the master previously obtains, endorsed on the agreement with the crew, the certificate of the proper authority stating the cause of the seaman being left behind, whether the cause is unfitness or inability to proceed to sea, desertion, disappearance or otherwise.
If a master fails, without reasonable cause, to deliver the account described in subsection (1), he is guilty of an offence and liable to a fine not exceeding fifty dollars, and, if he knowingly delivers a false account, he is guilty of an offence and liable to a fine not exceeding one hundred dollars, in addition in each case to the payment of the wages.
Where a master of a Canadian ship leaves a seaman behind on shore in any place outside Canada on the ground of his unfitness or inability to proceed to sea, he shall deliver to the person signing the required certificate of the proper authority a full and true account of the wages due to the seaman and, if that person is a consular officer, shall deliver the account in duplicate.
If a master fails, without reasonable cause, to make a payment of wages as provided by this section, he is guilty of an offence and liable, in addition to the payment of the wages, to a fine not exceeding fifty dollars.
A bill purporting to be drawn and endorsed under this section is, if produced out of the custody of the Minister, or of any shipping master, admissible in evidence, and any endorsement on any such bill purporting to be made in pursuance of this section is also admissible as evidence of the facts stated in the endorsement.
if the bill is drawn by the master, the owner of the ship is liable to pay the amount to the holder or endorsee thereof, and it is not necessary in any proceeding against the owner on the bill to prove that the master had authority to draw it.
the person signing the required certificate of the proper authority shall certify by endorsement on the bill that the bill is drawn for seamen’s wages, and shall also endorse on the agreement with the crew the amount for which the bill is drawn, and such further particulars as the Minister requires; and
The payment shall be made, whenever it is practicable, in money, and, when not so practicable, by bills drawn on the owner of the ship, but if payment is made by bill
Where payment is so made to a consular officer, that officer shall retain one duplicate of the account delivered to him and, if satisfied with the account, endorse on the other duplicate a receipt for the payment, and return it to the master, who shall deliver the duplicate within forty-eight hours of his return to his port of destination to the proper authority.
The master shall pay the amount of wages due to a seaman left behind on the ground of his unfitness or inability to proceed to sea, if he is left in any Commonwealth country, to the seaman himself, and if he is left elsewhere, to the consular officer, if the consular officer will receive the payment.
Where the amount of wages due to a seaman left behind on the ground of his unfitness or inability to proceed to sea is paid to and accepted by a consular officer, that officer shall accept on condition that he deal with the sum paid to him in the following manner:
if the seaman is sent to a proper return port at the public expense under this Act, he shall account for the sum to the Minister, and the sum, after deducting any expenses duly incurred in respect of the seaman, except such expenses as the master or owner is required by this Act to defray, shall be dealt with as wages of the seaman.
if the seaman dies before his ship quits the port, he shall deal with the sum as part of the property of a deceased seaman; and
if the seaman subsequently obtains employment at or quits the port at which the payment has been made, he shall deduct out of the sum any expenses incurred by him in respect of the maintenance of the seaman under this Act, except such expenses as the owner or master is required by this Act to defray, and shall pay the remainder to the seaman and deliver to him an account of the sums so received and expended on his behalf;
When a seaman is repatriated as member of a crew, he is entitled to remuneration for work done during the voyage.
The Governor in Council may make regulations with respect to the relief, maintenance and return to a proper return port of shipwrecked or otherwise distressed Canadian seamen found at any place outside Canada, and may, by those regulations, in this Act referred to as the “distressed seamen regulations”, make such conditions as he thinks fit with regard to that relief, maintenance and return to a proper return port, and a seaman has no right to be relieved, maintained or returned to a proper return port, except in the cases and to the extent and on the conditions provided by those regulations.
Where any seamen are found in any place in Canada as a result of being shipwrecked from a Canadian ship, the owner of the ship shall provide for their necessary clothing and maintenance in that place and shall pay the expenses of returning those seamen to the port where they were engaged.
in the case of shipwrecked seamen, provide for the repayment of any expenses incurred in their conveyance to port after their shipwreck, and their maintenance while being so conveyed.
in case of death, provide for burial expenses; and
provide for their necessary clothing and maintenance until their departure for a proper return port;
provide in accordance with this Act for the return of those seamen, who are in this Act included in the term “distressed seamen”, at the expense of the Government of Canada, to a proper return port;
Where any seamen, whether subjects of Her Majesty or not, who have been resident in Canada for at least twelve months before the commencement of the voyage or engagement on which they are at the time employed, are found in any place outside Canada, and have been shipwrecked from any ship or by reason of having been discharged or left behind from any ship in any place outside Canada, are in distress in that place, the proper authority may, in accordance with and on the conditions prescribed by the distressed seamen regulations,
For the purpose of this section, excepted expenses are expenses incurred in cases where the certificate of the proper authority obtained on leaving a seaman behind states, or the Minister is otherwise satisfied, that the cause of the seaman being left behind is desertion or disappearance or imprisonment for misconduct, or discharge from his ship by a naval court on the ground of misconduct, and expenses incurred on account of the return to a proper return port of a distressed seaman who has been discharged at the port at which he was shipped, or at some neighbouring port.
In any proceeding for recovery under this section, the production of the account, if any, of the expenses furnished in accordance with this Act or the distressed seamen regulations, and proof of payment of the expenses by or on behalf of the Minister, is evidence that the expenses were incurred or repaid under this Act by or on behalf of the Crown.
The debt, in addition to any fines that may have been incurred, may be recovered by the Minister, on behalf of the Crown, either by ordinary process of law or in the court in the manner in which wages may be recovered by seamen.
Any or all moneys paid by the Minister pursuant to subsection (1), together with the wages, if any, due to the seaman, are a charge on the ship to which the distressed seaman belonged, and are a debt to the Crown from the master of the ship or from the owner of the ship for the time being, or, where the ship has been lost, from the person who was owner of the ship at the time of the loss, or, where the ship has been transferred to a person who is not a British subject, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, and, if the ship is a foreign ship, from the person, whether principal or agent, who engaged the seaman for service in the ship.
Where any expenses, other than excepted expenses, are incurred by a proper authority on behalf of the Government of Canada pursuant to section 292, or are incurred by the government of a foreign country and are repaid to the foreign country by the Government of the United Kingdom, the Minister may pay to the proper authority or to the Government of the United Kingdom the amount of those expenses out of any moneys available for the purpose or out of any moneys voted by Parliament for that purpose.
A person belonging to a Canadian ship shall not wrongfully force a seaman on shore and leave him behind or otherwise cause a seaman to be wrongfully left behind at any place, either on shore or at sea, in or out of any Commonwealth country, and if he does so he is guilty of an indictable offence.
An act of misconduct for which any fine has been inflicted and paid by, or deducted from the wages of, a seaman shall not be otherwise punished under this Act.
If a master or owner fails without reasonable cause to pay any fine as required by this section, he is guilty of an offence and liable to a fine not exceeding six times the amount of the fine not so paid.
A proper authority shall remit any amounts received by it under this section at such times and in such manner, and render such accounts in respect thereof, as the Minister requires.
if the offender is discharged at any place outside Canada, to the proper authority.
if the offender is discharged in Canada, to the shipping master; and
Every fine deducted pursuant to subsection (1) shall be paid
if the offender is discharged abroad and the offence is proved to the satisfaction of the proper authority by whose sanction he is discharged, the fine shall be deducted in accordance with paragraph (a), and an entry made in the official log-book of the ship and signed by the authority to whose satisfaction the offence is proved.
if the offender is discharged in Canada and the offence, and the entry in the log-book required by this Act thereof, are proved to the satisfaction, in the case of a sea-going ship of the shipping master before whom the offender is discharged, and in the case of a home-trade ship of the shipping master at the port at which the crew are discharged, the master or owner shall deduct the fine from the wages of the offender; and
Every fine imposed on a seaman of a Canadian ship for any act of misconduct for which his agreement imposes a fine shall be deducted as follows:
For the purpose of this Part, either the port at which a seaman was shipped or a port in the country to which he belongs, or some other port agreed to by the seaman, in the case of a discharged seaman, at the time of his discharge, shall be deemed to be a proper return port, but in the case of a seaman shipped in Canada the return port shall be in the same province in which he was shipped unless otherwise agreed to by him.
The Minister may, by the distressed seamen regulations, make such provision as may be necessary for enabling the proper authority, and in the case of expenses required to be incurred in Canada any officer named for the purpose by the Minister, to defray on behalf of the authority originally making arrangements for the return of a distressed seaman to a proper return port any expenses on account of that seaman that the authority originally acting in respect of him could defray, and any expenses so incurred shall for the purposes of this Part relating to distressed seamen be deemed to be expenses incurred on behalf of the distressed seaman.
Where the master of a ship is required under this Part to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seaman’s passage, or the expenses of his journey, or of providing the seaman with means to pay his passage or those expenses, deposit with the proper authority such sum as that authority considers sufficient to defray the expenses of the return of the seaman to a proper return port.
Provision shall be made for the return of a seaman to a proper return port if the whole of the route is by sea, or if any part of the route is by sea, by placing the seaman on board a British ship that is in need of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, British or foreign, or with the money for his passage, and, if any part of the route is by land, by paying the expenses of his journey and of his maintenance during the journey, or providing him with means to pay those expenses.
A seaman may be sent to a proper return port by any reasonable route.
Nothing in this section relieves the owner from the obligation and expense of returning the seaman to his proper return port.
In deciding any question under this section, the proper authority shall have regard both to the convenience of the seaman and to the expense involved, and also, where it is the case, to the fact that a British ship that is in need of men to make up its complement is about to proceed to a proper return port or to a port in the vicinity thereof.
When any question arises as to what return port a seaman is to be sent to in any case, or as to the route by which he should be sent, the question shall be decided by the proper authority.
If any master of a Canadian ship fails without reasonable cause to comply with this section in the case of any distressed seamen, he is guilty of an offence and liable to a fine not exceeding five hundred dollars.
On the production of a certificate, signed by the authority by whose directions any distressed seaman was received on board, specifying the number and names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master before a justice of the peace, or any officer authorized to administer an oath, stating the number of days during which each distressed seaman has received maintenance, and stating the full complement of his crew and the actual number of seamen employed on board his ship, and every variation in that number while the distressed seamen received maintenance, the master is entitled to be paid, in respect of the maintenance and passage of every seaman so conveyed, maintained and provided for by him, exceeding the number, if any, wanted to make up the complement of his crew, such daily allowance as the Minister allows.
The master of every Canadian ship shall receive on board his ship, and afford a passage and maintenance to, all distressed seamen whom he is required under this Act to take on board his ship, not exceeding one for every fifty tons register tonnage, and shall during the passage provide each distressed seaman with a proper berth or sleeping place, effectually protected against sea and weather.
Where a distressed seaman is, for the purpose of his return to a proper return port, placed on board a Canadian ship, the authority by whom the seaman is so placed shall endorse on the agreement with the crew of the ship the name of the seaman so placed on board, together with any particulars directed to be endorsed by the distressed seamen regulations.
Any expenses incurred for shipwrecked, destitute or otherwise distressed seamen under this section are a debt due to the Crown from the master, owner or agent of the ship to which the distressed seamen belonged and may be recovered by the Minister on behalf of the Crown in the same manner as expenses incurred outside Canada for distressed seamen of sea-going vessels registered in Canada are recovered.
The Minister may, whenever he deems it necessary, out of any moneys appropriated by Parliament for the purpose, authorize the payment of such sums as he deems requisite for the temporary relief in Canada, in such manner as he deems advisable, of shipwrecked, destitute or otherwise distressed seamen not otherwise entitled to relief under this Act or under the laws of the country in which their ship is registered.
The Governor in Council may appoint at such places in Canada as he deems advisable, persons to inspect
the electrical installations in steamships,
the equipment of steamships, and
the hulls of steamships,
the machinery of steamships,
No person shall be appointed a steamship inspector unless he has passed a satisfactory examination before the Board of Steamship Inspection, and has obtained a certificate to that effect from the Chairman of the Board, and no person after appointment as a steamship inspector shall be financially interested in the construction or sale of steamships, their equipment or machinery.
The oath taken by a steamship inspector shall be forwarded forthwith to the Minister.
Before entering on his duties, a steamship inspector shall take and subscribe, before a person authorized to administer oaths, an oath to execute well, faithfully and impartially, the duties assigned to him by this Act, which oath shall be in the form or to the effect following:
The Chairman has the right to vote at meetings of the Board, and, in the case of an equal division, has also a casting vote.
Three members of the Board, one of whom shall be the Chairman, form a quorum.
The Governor in Council may appoint any member of the Board to be Chairman.
There shall be a Board of Steamship Inspection, composed of the steamship inspectors and such other persons as the Minister may appoint.
The Board may make rules and regulations for its own conduct, for the uniform inspection of steamships and for such other purposes as are necessary under this Part, and those rules and regulations after they are approved by the Governor in Council have force and effect as if enacted in this Part.
Failure to comply with a provision substituted pursuant to paragraph (2.1)(b) shall be deemed to constitute failure to comply with the provision of the regulations for which it was substituted.
permit the substitution, for any such provision of the regulations, of any other provision that, in the opinion of the Board, provides a level of safety at least equivalent to that provided by compliance with that provision of the regulations.
exempt any ship from complying with any provision of the regulations made under this Act relating to design, construction, equipment, radio equipment, machinery, inspection, manning or operation of ships, where the Board considers that the exemption is necessary or desirable; or
On application made in writing setting out the circumstances of the case, the Board may, in writing, for such period and on such conditions as it specifies,
to examine candidates for the position of steamship inspector.
to give decisions on such matters arising under this Part as may be referred to it by the Chairman; and
to give decisions in respect of the structural strength and suitability from the point of view of the safety of hulls, machinery and equipment where unusual features are presented;
It shall be the duty of the Board
The Board shall sit at the direction of the Chairman, and a record of the proceedings thereof shall be kept by the Chairman.
The Chairman shall supervise the steamship inspectors, receive and examine all their reports and accounts and is responsible to the Minister for the administration of the law relating to steamship inspection.
Any reference of a matter in dispute and any decision given in respect thereof made under this section shall be in writing.
Where the owner of a ship or any other interested party is dissatisfied with any decision given by the Chairman or by the Board under subsection (1), or where any matter in dispute arises under this Part between the owner of a ship or any other interested party and the Chairman or the Board, the owner or party may refer the matter to the Minister, who shall finally decide the matter.
Where a matter in dispute involves the issue or withholding of a certificate of inspection, the decision of the Chairman or of the Board that a certificate be issued is sufficient authority to the inspector to issue it.
This section also applies, with such modifications as the circumstances require, to matters in dispute referred to in section 551.
Any matter in dispute arising under this Act between the owner of a ship or any other interested party and a steamship inspector may be referred by either of them to the Chairman, who shall decide on the matter himself, or, if he considers that the circumstances warrant it, shall refer it to the Board for a decision.
Where two Deputy Chairmen are appointed, subsection (2) applies in turn, with such modifications as the circumstances require, to the First Deputy Chairman and the Second Deputy Chairman.
Where only one Deputy Chairman is appointed, the Deputy Chairman has all the powers and duties of the Chairman in the event of the absence or incapacity of the Chairman or if the office of Chairman is vacant.
From among the members of the Board the Minister may appoint one or two Deputy Chairmen and, in the latter case, the Minister shall designate one as the First Deputy Chairman and the other as the Second Deputy Chairman.
The Chairman may at any time inspect the hull, equipment or machinery of any ship, and if he suspects a steamship inspector of having neglected his duty in respect of that ship, or in any other respect, he may call a meeting of the Board to investigate the case, or he may investigate it himself, and the result of the investigation shall be communicated forthwith, in writing, to the Minister.
A steamship inspector may require that the machinery of a ship be put in motion so that he may satisfy himself as to its condition.
When, under this section, a steamship inspector visits any ship, he may ask the owner or his agent, the master or chief engineer, or any other person on board and in charge or appearing to be in charge any pertinent question concerning the ship, or concerning any accident that has happened thereto, that he thinks fit, and every such person shall fully and truly answer every question.
A steamship inspector may detain any ship in respect of which any of the provisions of this Act have not been complied with, if, in his opinion, detention is warranted in the circumstances.
A steamship inspector, in the performance of his duties, may go on board any ship at all reasonable times and inspect the ship, or any of the machinery or equipment thereof, or any certificate of a master, mate or engineer, and if he considers the ship unsafe, or, if a passenger ship, unfit to carry passengers, or the machinery or equipment defective in any way so as to expose persons on board to serious danger, he shall detain that ship.
A steamship inspector may demand all reasonable assistance from the owner or master of a ship for the purpose of making an inspection or obtaining information.
A steamship inspector shall demand of the owner or master of every steamship that he inspects the production of the certificate of registry or licence of the vessel, and the owner or master shall produce that certificate or licence on demand.
When a steamship inspector inspects any steamship, he shall satisfy himself that the steamship has the navigation lights and other equipment required under the Collision Regulations and that it has the proper certificated officers, navigating and engineering, required under this Act, and a certificate shall not be given to any steamship unless it has the navigating equipment and certificated officers.
A steamship inspector shall keep a record of the inspections he makes and certificates he issues, in such form and with such particulars respecting them as the Chairman directs, and shall furnish copies thereof and any other information pertaining to the duties of his office that the Chairman may require.
Where the expenses referred to in subsection (1) are not paid forthwith, the ship in respect of which they were incurred is liable to be detained until they are paid.
the Minister decides in respect of any inspection made in Canada that, due to the fault, or default, of the owner of any ship, his agent, the master or any other servant of the owner, the expenses incurred by any steamship inspector were in whole or in part thrown away, wasted or unreasonably increased.
inspection is made at a place outside Canada; or
The expenses or any part of the expenses incurred by a steamship inspector in respect of any inspection he may make, or be requested to make, under this Part, shall be paid by the owner of a ship in such manner as the Minister may direct, if
The Governor in Council may make regulations to implement the Safety Convention and the Load Line Convention.
The Governor in Council may make regulations to implement, in whole or in part, the provisions of the International Safety Management Code of the Safety Convention adopted by the International Maritime Organization on November 4, 1993, as amended from time to time, in respect of ships other than Safety Convention ships.
The Governor in Council, if satisfied that the government of any country has ratified, acceded to or denounced the Safety Convention, may make a declaration to that effect.
Where a fine imposed under subsection (6) and the costs of conviction are not paid forthwith, the steamship, subject to the direction of the Minister, is liable to be seized and sold by a chief officer of customs, or any person thereto directed by the Minister, and the fine, the costs of conviction and the costs of the seizure and sale shall be paid out of the proceeds of the sale, and the surplus, if any, shall be paid over to the owner of the steamship.
The owner or person in charge for the time being of any steamship that makes any voyage contrary to this section is guilty of an offence and liable to a fine of not more than one thousand dollars and not less than one hundred dollars.
It is the duty of the owner to have an inspection made under this section, and no steamship described in this section shall be used unless there is on board and in force a certificate or certificates issued under section 318 or 319, applicable to the voyage on which the steamship is about to proceed and to the trade in which it is engaged.
Notwithstanding the definitions “equipment” and “hull” in section 2, anchors and cables shall, for the purposes of subsections (2), (3) and (4), be deemed to be part of the hull and not part of the equipment.
Notwithstanding subsections (2) and (3), where the hull, machinery and equipment of a ship described in those subsections are inspected at intervals less frequent than once a year, the ship shall, in addition, be inspected by a steamship inspector at least once in each year to the extent prescribed in the regulations.
Subject to sections 405 to 407, every Canadian steamship that is not a ship described in subsection (1) or (2) shall have its hull, machinery and equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter or, if surveys or inspections referred to in subsection 319(4) are made, in such longer period, not exceeding twenty-five years, as may be prescribed by regulations made under paragraph 319(5)(f).
its hull and machinery inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter or, if surveys or inspections referred to in subsection 319(4) are made, in such longer period, not exceeding twenty-five years, as may be prescribed by regulations made under paragraph 319(5)(f).
its equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once every two years thereafter; and
Every Canadian Safety Convention ship that is a cargo ship of five hundred tons gross tonnage or more, other than a nuclear ship, shall have
Every Canadian Safety Convention ship that is a passenger ship and every nuclear ship registered in Canada shall have its hull, machinery and equipment inspected by a steamship inspector in accordance with the regulations before the ship is first put into service and at least once in each year thereafter.
A steamship inspector, if satisfied on inspection of a steamship, that he can with propriety do so, shall forward a report to the Chairman, which shall contain statements showing
the steam pressure that may be carried on the boilers.
if the steamship is a passenger steamship, the number of passengers that it may carry; and
the class of voyage on which the steamship is fit to ply, and the time, if less than one year, for which the hull, equipment and machinery will be sufficient;
that the master, mates and engineers are persons duly certificated as required under this Act, and that the crew is sufficient and efficient;
that the equipment that is required under the regulations is on board and in good condition;
that the hull and machinery are constructed, arranged and fitted in accordance with the regulations made under this Part;
that the hull and machinery are sufficient for the service intended and in good condition;
The Minister may authorize any person, classification society or other organization to conduct inspections under this Act, subject to this Act and the terms and conditions that are specified by the Minister in the instrument of authorization.
A person, classification society or other organization authorized under section 317.1 to conduct inspections does not have the powers of a steamship inspector, but may issue any certificate that may be issued by a steamship inspector, other than an Exemption Certificate.
A ship inspector is not liable by reason only of issuing a certificate under subsection (2).
A ship inspector may act on the report and issue the appropriate inspection or Safety Inspection certificates.
A person, classification society or other organization referred to in section 317.2 who does not issue a certificate may deliver their report to a ship inspector.
The Chairman shall maintain a register of all Safety Convention certificates issued pursuant to this section and shall cause each certificate to be marked to show that it has been registered.
Where the Chairman has received a report of inspection described in section 317 in respect of a Canadian ship that is a nuclear ship not intended to be used on an international voyage, and he is satisfied that all the relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship an inspection certificate that is appropriate to the class and intended service of that ship.
Where, after an inspection of a Canadian Safety Convention ship that is a cargo ship of five hundred tons gross tonnage or more, other than a nuclear ship, covering all the particulars set forth in section 317, a steamship inspector is satisfied that all relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship the Safety Convention certificates that are described in section 321 and that are appropriate to the class and intended service of that ship.
Where the Chairman has received a report of inspection described in section 317 and a report of a radio inspector described in section 346 in respect of a Canadian Safety Convention ship that is a passenger ship or a nuclear ship, and he is satisfied that all the relevant provisions of this Act and the regulations have been complied with, he shall issue for that ship an inspection certificate and the Safety Convention certificate that is described in section 321 and that is appropriate to the class and intended service of that ship.
The Chairman or a steamship inspector is not liable to any person by reason only of having issued the appropriate certificate in reliance on a report of a surveyor or inspector referred to in subsection (3) or (4).
the longer period, not exceeding twenty-five years, referred to in paragraph 316(2)(b) and subsection 316(3).
the terms and conditions of the continued validity of a certificate issued by the Chairman or by a steamship inspector pursuant to subsection (4); and
the terms and conditions under which a report of a surveyor referred to in subsection (4) may be accepted by the Chairman or by a steamship inspector, including the submission to the Chairman or steamship inspector of information in addition to the report of the surveyor;
the scope of surveys or inspections referred to in subsection (4);
which societies or associations for the classification and registry of ships are recognized for the purposes of subsection (4);
the classes of ships to which subsection (4) applies;
The Governor in Council may make regulations prescribing
For the purposes of this section and of section 318, the Governor in Council may, by regulations made under subsection (5), provide that a survey or inspection of a ship by an exclusive surveyor to a society or association for the classification and registry of ships, if made at a place in Canada, may be deemed to have been made by a steamship inspector, and the report of that surveyor may be delivered to the Chairman or to a steamship inspector, as the case may be, who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.
a surveyor or inspector appointed by the government of a country other than Canada,
an exclusive surveyor to a society or association for the classification and registry of ships, approved by the Minister, or
For the purposes of this section and subsection 318(2), the Chairman may direct that a survey or inspection by
The inspection required for the issue of a certificate under this section shall cover all the particulars set out in section 317 applicable in the case of any particular ship.
is satisfied that all relevant provisions of this Act have been complied with.
is satisfied that he can with propriety do so, having due regard to the sufficiency and condition of the hull, equipment and machinery; and
has inspected the hull, equipment and machinery in accordance with any regulations that may be made in respect of inspection under this Part, or has had presented to him proper documentary evidence that such inspection has been made by another inspector;
Where a Canadian steamship is not a ship described in section 318, a steamship inspector shall issue for that ship an inspection certificate that is appropriate to the class and intended service of that ship if he
[Repealed, 1998, c. 16, s. 7]
The Governor in Council may make regulations providing for the form of and the particulars to be given in an inspection certificate to be issued in respect of a steamship pursuant to section 318 or 319, and that certificate shall, in addition to any particulars required to be shown under the regulations, state
the number of passengers that a passenger steamship is fit to carry, distinguishing, if necessary, the number to be carried in each part of the steamship, and any conditions and variations to which the number is subject.
the number of persons, including the master, composing the crew of the steamship; and
the limits, if any, beyond which the steamship is not fit to ply;
The Safety Convention certificate to be issued pursuant to section 318 is, in the case of a ship
that complies with all the provisions of this Part applicable to Safety Convention nuclear cargo ships, a Nuclear Cargo Ship Safety Certificate.
that complies with all the provisions of this Part applicable to Safety Convention nuclear passenger ships, a Nuclear Passenger Ship Safety Certificate; and
that is issued a certificate described in paragraph (a), (b) or (c) and is exempted from any of the provisions of this Part that would otherwise be applicable to it, an Exemption Certificate;
that complies with all the provisions of this Part relating to safety equipment that are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo Ship Safety Equipment Certificate;
that complies with all the provisions of this Part relating to construction that are applicable to Safety Convention cargo ships, other than nuclear ships, a Cargo Ship Safety Construction Certificate;
that complies with all the provisions of this Part applicable to Safety Convention passenger ships, other than nuclear ships, a Passenger Ship Safety Certificate;
Every memorandum described in subsection (1) shall be returned to the Minister at the end of the voyage to which it relates, and, if it is not so returned, the master of the steamship is guilty of an offence and liable to a fine not exceeding one hundred dollars.
Where, in the course of a voyage, a Canadian ship for which a Passenger Ship Safety Certificate has been issued has on board a number of persons that is less than the number of persons stated in the certificate, the Chairman or a person authorized by him may issue a memorandum stating the number of persons carried on that voyage and the modifications that may be made with respect to the life-saving appliances carried on the ship on that voyage, and that memorandum shall be annexed to the certificate.
No Exemption Certificate shall be in force for a longer period than the certificate to which it relates.
one year, in the case of any other certificate,
four years, in the case of an inspection certificate issued in respect of a ship to which section 407 applies, and
two years, in the case of a Cargo Ship Safety Equipment Certificate,
five years, in the case of a Cargo Ship Safety Construction Certificate,
A certificate issued pursuant to section 318 or 319, other than an Exemption Certificate, shall be in force for a period not in excess of
The owner or master of a ship, in respect of which a certificate has been issued pursuant to section 318 or 319, shall cause that certificate to be posted on the ship in a conspicuous place accessible to all persons on board and to remain so posted for so long as the certificate is in force and the ship is in use.
A certificate, other than a Cargo Ship Safety Construction Certificate, that has been issued pursuant to section 318 or 319 and that has not been extended under subsection (1) may be extended by the Minister or any person authorized by him for a period of not more than one month beyond the date when it would otherwise expire.
Where a Canadian ship in respect of which a certificate, other than a Cargo Ship Safety Construction Certificate, has been issued under section 318 or 319, is absent from Canada at the date when the certificate expires, the Minister or any person authorized by him for the purpose may, if it appears proper and reasonable to do so, grant such extension of the certificate as will allow the ship to return to Canada, but no such extension has effect for a period exceeding five months, and no such ship shall, after returning to a port in Canada, clear from that port until inspection has been made and a new certificate issued.
A certificate that has been cancelled shall be delivered up on demand to an inspector.
the ship has not been inspected as and when required by subsections 316(1) to (4) and any regulations made thereunder.
any structural alterations have been made, in the steamship in respect of which it was issued, that would alter the essential conditions under which the certificate was issued; or
there is reason to believe that it was obtained fraudulently, or on wrong information, or that, since it was issued, the hull, equipment, radio equipment or machinery has sustained any injury or is otherwise insufficient;
A certificate may be cancelled by the Minister if
The Minister may request the government of a country to which the Safety Convention applies to issue in respect of a Canadian ship any certificate provided for by the Safety Convention, and a Certificate issued in pursuance of such a request and containing a statement that it has been so issued has effect for the purposes of this Act as if it had been issued under sections 318 and 348.
modifies for the purpose of any particular voyage, in view of the number of persons actually carried on that voyage, the particulars stated in the certificate with respect to life-saving appliances,
has been issued by or under the authority of the government of the country to which the steamship belongs, and
Where a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship and there is annexed to that certificate a memorandum that
The Minister may, at the request of the government of a country to which the Safety Convention applies, cause any certificate provided for by the Safety Convention to be issued in respect of a ship of that country if he is satisfied, in like manner as in the case of a Canadian ship, that such certificate may properly be issued, and, where a certificate is issued at such a request, it shall contain a statement that it has been so issued.
Where a valid Cargo Ship Safety Equipment Certificate, a valid Cargo Ship Safety Construction Certificate and, if one has been issued, a valid Exemption Certificate relating to either of those certificates are produced in respect of a Safety Convention cargo ship of five hundred tons gross tonnage or more that is not a Canadian ship, the ship is not subject to inspection in respect of matters dealt with by such certificates, except in so far as may be necessary to determine that the condition of the ship and its equipment corresponds substantially with the particulars set out in the certificates.
the Minister is satisfied that the number of passengers the inspection certificate shows the ship may carry with safety has been determined substantially in the same manner as is prescribed in this Act or the regulations with respect to a Canadian Safety Convention ship,
a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship, together with an inspection certificate issued by or under the authority of the government of the country to which the ship belongs showing the number of passengers the ship is fit to carry, and
Where
on receipt of the report referred to in paragraph (b) there shall be issued a certificate indicating that this section has been complied with.
the inspection of the hull and equipment under subsection 316(1) shall be limited to ascertaining the number of passengers that the ship is fit to carry, and it is not necessary for the report of the inspector to contain a statement of any further particulars than those set out in paragraph 317(f); and
subsection 316(1) relating to inspection of machinery shall be deemed to have been complied with in the case of that ship;
Where a valid Passenger Ship Safety Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship
Where a ship is detained under paragraph (1)(b), the chief officer of customs shall forthwith inform the consular officer of the country in which the ship is registered of all the circumstances of the case and shall advise the Chairman of the action he has taken.
the ship shall not be deemed to be unsafe for the purposes of section 392 by reason of the defective condition of the hull, equipment or machinery, if it appears that the conditions correspond substantially with the particulars in the certificate, but if it appears to the chief officer of customs that the conditions do not correspond substantially with the particulars in the certificate and that the ship cannot proceed to sea without danger to the passengers or the crew, he shall detain the ship until he is satisfied that the ship can proceed safely to sea.
the ship is exempt from compliance with the regulations made under this Act with respect to life-saving appliances; and
Where a valid Safety Convention certificate is produced in respect of a Safety Convention ship that is not a Canadian ship,
A clearance shall not be granted for any Safety Convention ship until there has been produced to the officer of customs from whom clearance is requested
a valid Cargo Ship Safety Radio-telegraphy Certificate, where the gross tonnage of the ship is sixteen hundred tons or more, or a valid Cargo Ship Safety Radio-telegraphy Certificate or a valid Cargo Ship Safety Radio-telephony Certificate, where the gross tonnage of the ship is less than sixteen hundred tons,
a valid Cargo Ship Safety Construction Certificate and a valid Cargo Ship Safety Equipment Certificate, where the gross tonnage of the ship is five hundred tons or more, and
if the ship is a cargo ship other than a nuclear ship and there has not been produced a certificate mentioned in paragraph (a),
if the ship is a nuclear cargo ship and there has not been produced a certificate mentioned in paragraph (b), a valid Nuclear Cargo Ship Safety Certificate; and
if the ship is a nuclear passenger ship, a valid Nuclear Passenger Ship Safety Certificate;
if the ship is a passenger ship other than a nuclear ship, a valid Passenger Ship Safety Certificate and, if one has been issued, a valid Exemption Certificate;
Where this section is contravened in respect of any ship, the ship shall be detained by the chief officer of customs until this section has been complied with.
the radio installation is in good condition and sufficient for the voyage contemplated.
the hull, boilers, machinery and equipment of the ship are in good condition and sufficient for the voyage contemplated; and
the amount of cargo carried is not more than is sufficient to enable the ship to make a voyage in safety;
no passengers are carried;
A ship registered in a country that is not a party to the Safety Convention and that is carrying more than twelve passengers, is of three hundred tons gross tonnage or more or is a nuclear ship shall not go on an international voyage from any place in Canada unless it complies with all the provisions of this Part and the regulations applicable to Canadian Safety Convention ships, but the Minister may authorize the clearance of the ship if he is satisfied that
The Minister may direct that any voyage between places not in Canada that is similar in characteristics to a home-trade voyage as defined in this Act shall be deemed to be a home-trade voyage for the purpose of the granting of a certificate of inspection under this Act, if, during the course of the voyage, the ship does not, unless by deviation caused solely by stress of weather or other circumstances that the master or owner of the ship could not prevent or forestall, go more than two hundred nautical miles off shore.
to be making a home-trade voyage if, during the course of the voyage, it is not more than two hundred nautical miles from shore, and the voyage is not an inland voyage.
to be making a foreign voyage, if, during the course of the voyage, the ship is, unless by deviation caused solely by stress of weather or other circumstances that the master or owner of the ship could not prevent or forestall, more than two hundred nautical miles from shore; and
A steamship that makes a voyage from a place in Canada, and returns to the same place without calling at another place, shall be deemed
Where the owner of a steamship requests the issue of an inspection certificate that allows the steamship to make voyages between two places, the certificate is not valid if, in the course of any voyage, the ship is taken beyond the limits of voyages allowed by the certificate.
Where the inspection certificate issued in respect of any steamship shows that it is allowed to make voyages between any two places, and the certificate is qualified to show that the voyage is to be made with calls at one or more intermediate places specified, the certificate is only valid on a voyage where such calls are made.
on conviction on indictment, to imprisonment for a term not exceeding two years.
on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both; or
A master or owner who contravenes this section is guilty of an offence and liable
No master or owner of any passenger steamship registered in Canada shall anywhere, and no master of any passenger steamship shall in Canada, permit passengers to be on board or on or in any part of a steamship in excess of the number allowed as stated in its inspection certificate.
This section applies to passenger steamships not registered in Canada, while they are within any place in Canada, as it applies to passenger steamships registered in Canada.
Without prejudice to any proceedings under this section, a steamship that is loaded in contravention of this section shall be detained until it ceases to be so loaded.
The owner or master of a passenger steamship that is loaded in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars and to an additional fine not exceeding five hundred dollars for each inch or fraction of an inch by which the appropriate subdivision load line of the steamship was submerged.
the appropriate subdivision load line, that is to say, the subdivision load line appropriate to the space for the time being allotted to passengers on the steamship, is lower than the load line indicating the maximum depth to which the steamship may for the time being under this Act and the regulations be loaded,
a passenger steamship that is a Canadian ship has been marked with subdivision load lines, that is to say, load lines indicating the maximum depth to which the steamship may be loaded having regard to the extent to which it is subdivided and to the space for the time being allotted to passengers, and
Where
If any of the provisions of this section are not complied with in the case of any steamship, the owner, if in fault, is guilty of an offence and liable to a fine not exceeding five hundred dollars, and the master, if in fault, is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
Every steamship registered in Canada shall be manned with a crew sufficient and efficient from the point of view of safety of life for the purpose of its intended voyage, and shall, during the voyage, be kept so manned.
No Canadian ship being a ship of over one hundred and fifty tons gross tonnage shall proceed to sea on an international voyage unless the ship is provided with a signalling lamp of a type approved by the Board, and if any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof is guilty of an offence and liable to a fine not exceeding one hundred dollars.
There shall be carried on board every passenger steamship registered in Canada, in some conspicuous place accessible to all the passengers, a printed copy of this Part.
In every passenger steamship ample provision shall be made, to the satisfaction of a steamship inspector, by printed notices, and by diagrams where necessary, to acquaint the passengers with the location of life-boats, life-jackets and other life-saving apparatus and with the position of fire buckets, axes and fire-extinguishers, and there shall be exhibited in each stateroom, and throughout the ship to the satisfaction of a steamship inspector, notices showing the method of adjusting life-jackets to the body.
The Governor in Council may make regulations prescribing hazardous cargoes for the purpose of paragraphs (1)(t), (u) and (v).
the safe use of pesticides in the fumigation of ships, including regulations prescribing what pesticides or classes of pesticides may or may not be used in the fumigation of ships.
the information to be provided regarding the nature and properties of hazardous cargoes to be carried on ships; and
the inspection and operation of equipment and systems on board ships carrying hazardous cargoes;
the construction of ships carrying hazardous cargoes, and their equipment and systems;
the provision of pilot ladders on ships;
the holding of periodic boat and fire drills;
precautions against fire;
the carrying of line-throwing apparatus;
the manning of steamships, the number of certificated life-boat men to be carried and the qualifications for and the granting of certificates to life-boat men;
the subdivision of home-trade voyages and inland voyages into classes, having regard to the degree of risk that may be encountered on any of those voyages;
personal flotation devices to be carried and used on board vessels or classes of vessels, including regulations defining the expression “personal flotation device” and regulations specifying who must use those devices, and when they must be worn, while a vessel is in operation;
the inspection of the hulls, equipment and machinery of steamships and the extent to which inspection shall be carried out at intervals of twelve months, or at longer intervals, having due regard to the class of voyage on which a steamship is to be engaged, and the trade in which it is employed, and whether the ship is classed with a society or association for the classification and registry of shipping approved by the Minister;
the production of plans and documentary evidence showing the construction of hulls, machinery and equipment, the subdivision of hulls into watertight compartments, the arrangement of passenger accommodation and like information necessary to decide on the fitness of a steamship for any particular service;
passenger accommodation and the number of passengers allowed to be carried;
the provisions to be made for mustering the passengers and crew for abandoning ship, including the lighting of decks, passageways and similar parts of the ship, and the provision of proper means for escape from the various parts of the ship;
the marking of subdivision load lines on passenger steamships;
the marking of vessels to show the recommended safe limits for engine power and gross load capacity;
stability, and the data in regard thereto to be supplied to the master of a steamship;
propelling power, steering capability and position controlling arrangements;
compasses, sounding apparatus, electronic equipment and other navigating appliances and equipment;
the construction, servicing and repair of flotation devices intended for the use of only one person to be carried on vessels, and the performance standards for those devices;
the construction, servicing and repair of life-saving equipment intended to carry more than one person, including buoyant apparatus, life-boats and life-rafts, to be carried on vessels, the performance standards for that equipment and the markings required to appear on them so as to show their dimensions and the number of persons authorized to be carried on them;
the construction of equipment and the class and quantity of various types of equipment to be carried in any vessel including the marking of boats, life-boats, life-rafts and buoyant apparatus so as to show the dimensions thereof and the number of persons authorized to be carried thereon;
the construction and installation of machinery;
the construction of hulls, including their subdivision into watertight compartments, and the fitting of double bottoms and fire-resisting bulkheads;
The Governor in Council may make regulations respecting
that owing to the small proportion of space allotted to cargo in any of those ships constructed after the coming into force of the Safety Convention, or converted to passenger service after that date, the ship can be subdivided to a greater extent than is required by the Safety Convention,
that any such ship plying on any international voyage, and carrying more than twelve passengers incurs exceptional risks owing to weather and traffic conditions, and
The regulations that the Governor in Council may make under section 338 in respect of the subdivision of passenger steamships into watertight compartments shall be such that, if it appears to the Minister
For the purposes of subsection (1.1), the words oil and gas have the same meanings as in the Oil and Gas Production and Conservation Act.
Regulations made under subsection 338(1) may extend, if they so state, to any ship as defined in Part XV, but in no case does a regulation made under subsection (1) apply to ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless the regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.
The regulations that the Governor in Council may make under section 338, in so far as they apply to Safety Convention ships, may include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention.
For the purposes of subsection (3), the words oil and gas have the same meanings as in the Oil and Gas Production and Conservation Act.
Regulations made under this section may apply, if they so state, to any ship as defined in Part XV but no regulation made under paragraph (1)(d) shall apply to ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless that regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.
The Governor in Council may make regulations respecting the production of plans of the construction and equipment of ships to which regulations made under this section apply, for the purpose of ascertaining whether any such ship complies with the relevant regulations.
Code for the Construction and Equipment of Mobile Offshore Drilling Units (1979),
Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (1971), and
Code for Existing Ships Carrying Liquefied Gases in Bulk (1975),
Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (1975),
The Governor in Council may make regulations to implement, in whole or in part, the following Codes adopted by the International Maritime Organization, as those Codes may be amended from time to time:
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (1) does not apply in respect of a proposed regulation that
Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 339.1 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
No person shall navigate
in any waters a Canadian ship,
in Canadian waters any ship, and
Every person who contravenes subsection (1) or section 340 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.
if the ship has been exempted from any of the provisions of this Act or the regulations relating to radio, an Exemption Certificate that by the terms thereof is applicable to the voyage on which the ship is about to proceed.
a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate; and
No Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, shall proceed on an international voyage unless there is in force in respect of that ship
The Governor in Council may make regulations in respect of the following matters:
for the imposition of fines not exceeding fifty dollars and costs on persons found guilty of any breach of any regulation made by the Minister under this Part.
to authorize the imposition of a fine not exceeding fifty dollars and costs or three months imprisonment for the contravention of any regulation made under this section and the recovery of the fine on summary conviction; and
prescribing the ship stations to be fitted on Canadian ships and on ships other than Canadian ships while navigating in Canadian waters;
for the delaying of the application of the Safety Convention where delay is permitted under the Convention, but the delay shall be for periods not exceeding those permitted under the Safety Convention;
For the purpose of safety or navigation, the Minister may make regulations in respect of the following matters:
for the effective carrying out of the provisions of this Act relating to radio.
requiring the operator on a ship station to keep a radio log and to enter therein such particulars as may be prescribed in the regulations; and
requiring the master of a ship to enter in the official log-book of the ship such particulars relating to the operation of the radio installation and to the maintenance of the radio service as may be specified in the regulations;
compelling all ship stations to receive, accept, exchange and transmit signals and messages with other radio stations and in such manner as he may prescribe;
providing how radio equipment installed on any foreign or British ship shall be operated while such ship is within Canadian jurisdiction;
providing for the inspection of ship stations;
making provision with respect to the certificates to be held by and the duties of operators;
prescribing the watches to be kept at the different classes of ship stations and the number and qualifications of operators to be carried on those stations;
classifying ship stations and prescribing the type, characteristics, manner of installation and the conditions to be observed in the operation of regular and emergency radio installations, including radar, direction-finding apparatus and associated equipment to be installed in ship stations;
The regulations to be made by the Governor in Council pursuant to this Act applicable to ships plying on international voyages shall include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention that relate to radio, except in so far as those provisions are otherwise implemented by this Act.
Radio inspections shall be carried out by radio inspectors authorized by the Minister for that purpose.
that the certificates of the radio operators are such as are required by this Act and the regulations.
that, having regard to the number of persons carried or certified to be carried, the tonnage of the ship and the voyages on which it is declared to be fit to ply, the ship complies with the provisions of this Act and the regulations relating to radio; and
the voyages or class of voyages on which, as regards radio, the steamship is fit to ply;
The report of the radio inspector shall contain statements of the following particulars:
The annual inspection required by section 316 of a passenger or nuclear ship in respect of which a Safety Convention Certificate is issued shall include an inspection by a radio inspector.
The owner of every Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship or a ship exempted by this Act from the requirement of being fitted with radio, shall, before the ship first proceeds on an international voyage and at least once in each year thereafter, cause the ship to be inspected by a radio inspector.
Inspection of the radio installations of a ship that does not ply on international voyages shall be in accordance with regulations made under section 343, and a certificate issued in respect of that inspection shall be referred to as a “Radio Inspection Certificate”.
Where a ship described in subsection (1) is partially or wholly exempted pursuant to this Act from the obligations of being fitted with a radio installation, on the application of the owner of the ship an exemption certificate shall be issued by a radio inspector stating that the ship is exempted from the requirements of the Safety Convention relating to radio and specifying the voyages and conditions, if any, on which the ship is so exempted and any certificate issued under this subsection is in this Part referred to as an “Exemption Certificate”.
Where a radio inspector has inspected a Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, and he is satisfied that it complies with the provisions of this Act and the regulations relating to radio, he shall issue in respect of the ship a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate.
Every notice given under subsection (3) shall be communicated in the manner directed by the Minister to the chief officer of customs of any port at which the ship may seek to obtain a clearance and to the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and a clearance shall not be granted to the ship, and the ship shall be detained, until a certificate under the hand of a radio inspector of ships is produced to the effect that the deficiency has been remedied.
Where it appears to the radio inspector that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the radio installation or the number of operators does not correspond substantially with the particulars stated in the certificate, the inspector shall give to the master notice in writing pointing out the deficiency and also pointing out what, in his opinion, is required to remedy the deficiency.
A radio inspector may inspect the ship for the purpose of seeing that the radio installation and the number of certified operators carried on the ship correspond substantially with the particulars stated in the certificate.
if the certificate shows that the ship is not wholly exempt from the provisions of the Safety Convention, the following provisions of this section apply to the ship in lieu of the other provisions of this Act relating to radio-telegraphy or radio-telephony.
if the certificate shows that the ship is wholly exempt from the provisions of the Safety Convention relating to radio-telegraphy or radio-telephony, the ship is exempt from the provisions of this Act relating to radio-telegraphy or radio-telephony; and
Where a valid Passenger Ship Safety Certificate, Nuclear Passenger Ship Safety Certificate, Nuclear Cargo Ship Safety Certificate, Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship
A certificate that has not been extended under subsection (4) may be extended by the Minister or any person authorized by him for the purpose for a period not exceeding one month after the date on which it would otherwise expire.
Where a Canadian ship in respect of which any certificate described in subsection (1) has been issued is absent from Canada at the date when the certificate expires, the Minister or any person authorized by him for the purpose may, if it appears proper and reasonable to do so, grant such an extension of the certificate as will allow the ship to return to Canada, but no extension has effect for a period exceeding five months from that date.
The owner or master of a ship in respect of which a certificate described in subsection (1) has been issued shall cause that certificate to be posted on the ship in a conspicuous place accessible to all persons on board and to remain so posted for so long as the certificate is in force and the ship is in use.
Notwithstanding subsection (1), where the inspection of a Canadian Safety Convention ship that is a cargo ship of three hundred tons gross tonnage or more but less than five hundred tons gross tonnage, and in respect of which a certificate described in subsection (1) has been issued, takes place within two months after the end of the period for which the certificate was issued, a new certificate may be issued for a period ending one year after the date the former certificate expires if the ship meets the requirements of this Act and the regulations.
A Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Radio-telephony Certificate shall not be in force for more than one year from the date of its issue nor after notice is given by the Minister, or a person authorized by him, to the owner, agent or master of the ship in respect of which it has been issued that he has cancelled it, and no Exemption Certificate shall be in force for a longer period than the certificate to which it relates.
Every person who makes use of any message or the contents thereof that has been delivered or divulged to him in contravention of subsection (3) is guilty of an offence and liable to a fine not exceeding one hundred dollars and to imprisonment for a term not exceeding six months.
No message shall be delivered, or its contents divulged, to any person except the addressee, his accredited agent or such properly authorized persons as are essential for the forwarding of the message to its destination.
The master of a vessel has the right to censor all messages addressed to or transmitted by a radio station on board his vessel, but he shall not divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message coming to his knowledge through the exercise of that censorship, nor shall the master or any operator divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message, other than a message of distress, urgency or safety, coming to his knowledge and not intended for the radio station.
The operation of the radio station on any vessel shall be under the control of the master of the vessel.
The Governor in Council if satisfied
that the Load Line Convention has been applied or has ceased to apply to any country in pursuance of Article 21 thereof,
that the government of any country has ratified, acceded to or denounced the Load Line Convention, or
any ship plying on any voyage not described in paragraph (a) between near neighbouring places if the Governor in Council is satisfied as to the matters described in that paragraph.
any ship plying on international voyages between the near neighbouring places of two or more countries, if the Governor in Council and the governments of those countries are satisfied that the sheltered nature and conditions of the voyages make it unreasonable or impracticable to apply the provisions of this Part relating to load lines to that ship; and
The Governor in Council may, on such conditions as he thinks fit, exempt from the provisions of this Part relating to load lines,
The provisions of this Part relating to load lines do not apply to ships engaged solely in fishing or, subject to section 354, to ships making voyages between Canada and the United States on any lakes or rivers.
For the purposes of this Part, ships of one hundred and fifty tons gross tonnage and more that carry cargo or passengers between any place in Canada and any place not in Canada, or between any places not in Canada, that are not by subsection (2) or (3) exempted from the provisions of this Part relating to load lines, are hereafter referred to as “Load Line ships”, and Load Line ships that belong to countries to which the Load Line Convention applies are hereafter referred to as “Load Line Convention ships”.
This section does not apply to scows and barges that are not self-propelled and do not carry passengers or crew.
A local Load Line Certificate in lieu of a Load Line Convention Certificate provided for in subsection 359(1) shall be issued for the purposes of ships coming within the provisions of this section and under like conditions as Load Line Convention Certificates are issued.
For the purposes of this section, the expression, proceed to sea, in respect of ships employed solely in making voyages on lakes or rivers, in this Part means proceeding from one place to another place.
make special provision for ships that are not registered in Canada and are not marked with load lines.
make applicable to those ships in lieu of the Load Line Rules such rules as in his opinion may be safe having due regard to all the circumstances; and
The Governor in Council may, in respect of ships employed in making voyages on lakes or rivers, by regulation,
The Governor in Council may on such conditions as he thinks fit exempt from the provisions of this section ships that ply on voyages described in subsection (1) if he is satisfied that the sheltered nature and conditions of the voyages make it unreasonable or impracticable to apply the provisions of this section to those ships.
Subsections 356(1) and (2) apply to ships described in subsection (1) and constructed before July 1, 1936.
Subject to this section, sections 353 and 355 to 374, in so far as they are applicable, have effect in respect of ships of one hundred and fifty tons gross tonnage and more that carry cargo or passengers on voyages from any place in Canada to any other place in Canada or between Canada and the United States on any lakes or rivers.
The Governor in Council may make such rules as appear to him to be necessary for the purpose of giving effect to Articles 6 to 10 of the Load Line Convention and Annex I and Annex II thereto.
Any ship attempting to proceed to sea without being surveyed and marked in accordance with this section shall be detained until it has been so surveyed and marked, and any ship that does not comply with the conditions of assignment to the extent required in its case by this section shall be deemed to be unsafe for the purpose of section 392.
Where any ship proceeds or attempts to proceed to sea in contravention of this section, the master or owner thereof is guilty of an offence and liable to a fine not exceeding five hundred dollars.
the load lines are either in the position required by paragraph (1)(e) or in the position required by the tables used by the Board of Trade in the United Kingdom on December 31, 1906 for fixing the position of load lines, subject to such modifications of those tables and of the application thereof, approved by the Board of Trade under section 438 of the Merchant Shipping Acts, as were in force immediately before July 5, 1930.
the ship complies with the conditions of assignment in principle and in detail, in so far as, in the opinion of the Chairman, is reasonable and practicable having regard to the efficiency of the protection of openings, the guard rails, the freeing ports and the means of access to the crew’s quarters provided by the arrangements, fittings and appliances existing on the ship at the time when the ship is first surveyed under this section; and
the ship has been surveyed and marked in accordance with paragraphs (1)(a), (c) and (d);
No Load Line Convention ship registered in Canada, being a ship constructed before July 1, 1932, shall proceed to sea unless
the load lines are in the position required by such of the Load Line Rules as are applicable to the ship.
the deck line and load lines are of the description required by the Load Line Rules, the deck line is in the position required by those Rules and the load lines are of the number required by such of those Rules as are applicable to the ship; and
the ship is marked on each side with a deck line and load lines mark;
the ship complies with the conditions of assignment;
the ship has been surveyed by a steamship inspector in accordance with the Load Line Rules;
No Load Line Convention ship registered in Canada, being a ship constructed after June 30, 1932, shall proceed to sea unless
Without prejudice to any proceedings under this section, any ship that is loaded in contravention of this section shall be detained until it ceases to be so loaded.
In any proceedings against an owner or master in respect of a contravention of this section, it is a good defence to prove that the contravention was due solely to deviation or delay, being deviation or delay caused solely by stress of weather or other circumstances that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled.
The owner or master of a ship that is loaded in contravention of subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars and to an additional fine not exceeding five hundred dollars for each inch or fraction of an inch by which the appropriate load lines of the ship are submerged beyond the limits of submergence for that ship.
A Load Line Convention ship registered in Canada shall not be so loaded as to submerge the appropriate load lines of the ship beyond the limits of submergence for that ship as determined under the Load Line Rules.
If
any person conceals, removes, alters, defaces or obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any mark placed on a ship described in paragraph (a) in accordance with section 356, except with the authority of a person entitled under the Load Line Rules to authorize the alteration of the mark or except for the purpose of escaping capture by an enemy,
the owner or master of a Load Line ship registered in Canada that has been marked in accordance with section 356 fails without reasonable cause to keep the ship so marked, or
if the deck line and load lines on the ship are of the number and description required by the Load Line Rules and the position of the deck line and load lines corresponds with the position specified in the Certificate, the ship shall be deemed to be marked in accordance with this Part.
the ship shall, for the purpose of this Part, be deemed to have been surveyed in accordance with this Part; and
Where a valid Load Line Convention Certificate issued pursuant to subsection (3) is produced in respect of a ship,
The Minister may request the government of a country to which the Load Line Convention applies to issue a Load Line Convention Certificate in respect of a Load Line Convention ship registered in Canada, and a certificate issued in pursuance of a request and containing a statement that it has been so issued has effect for the purposes of this Part as if it had been issued under the seal of the Minister.
Load Line Convention Certificates, except as otherwise provided in this Act, shall be issued under the seal of the Minister, when the Chairman is satisfied from reports of survey that all the provisions of this Act applicable in any particular case have been complied with, and the certificates shall be registered by the Chairman and shall be marked to show that they have been so registered.
Where a Load Line Convention ship registered in Canada has been surveyed and marked in accordance with section 356 and complies with the conditions of assignment to the extent required in its case by that section, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee a Load Line Convention Certificate.
The Governor in Council may authorize, subject to such conditions as he may deem fit, any corporation or society for the survey or registry of shipping, approved by the Minister, to survey ships in respect of load lines, to assign load lines to ships and to issue Load Line Certificates, and any certificate so issued has effect in place of the certificate provided for under section 359.
Where any Load Line Convention Certificate has expired or been cancelled, the Minister may require the owner or master of the ship to which the certificate relates to deliver up the certificate as he directs and the ship may be detained until such requirement has been complied with, and if the owner or master fails without reasonable cause to comply with such requirement, he is guilty of an offence and liable to a fine not exceeding fifty dollars.
The owner of every ship in respect of which a Load Line Convention Certificate has been issued shall, so long as the certificate remains in force, cause the ship to be surveyed in the prescribed manner at least once in each year after the issue of the Certificate for the purpose of seeing whether the Certificate should remain in force, having regard to subsection (3), and if the ship is not so surveyed, the Minister shall cancel the Certificate, but if the Minister thinks fit in any particular case, he may, in respect of the survey of the ship, extend the period of one year.
the fittings and appliances for the protection of openings, the guard rails, the freeing ports or the means of access to the crew’s quarters have not been maintained on the ship in as effective a condition as they were in when the Certificate was issued.
material alterations have taken place in the hull or superstructures of the ship that affect the position of the load lines; or
The Minister shall cancel any Load Line Convention Certificate in force in respect of a ship, if he believes on reasonable grounds that
Any Load Line Convention Certificate may, after a survey not less effective than the survey required by the Load Line Rules before the issue of the Certificate, be renewed by the authority by which it was granted, for such period, not exceeding five years on any occasion, as the authority renewing the certificate thinks fit.
Every Load Line Convention Certificate, unless it is renewed in accordance with subsection (2), expires at the end of such period, not exceeding five years from the date of its issue, as may be specified therein.
The master of every ship that proceeds or attempts to proceed to sea in contravention of this section is guilty of an offence and liable to a fine not exceeding five hundred dollars.
The master of every Load Line Convention ship registered in Canada shall produce to the officer of customs, from whom a clearance for the ship is demanded, the certificate that is required by subsection (1) to be in force when the ship proceeds to sea, and a clearance shall not be granted, and the ship shall be detained, until that certificate is produced.
No Canadian ship, being a Load Line Convention ship, shall proceed to sea on an international voyage unless there is in force in respect of the ship a Load Line Convention Certificate.
Where the master or owner of any Load Line Convention ship registered in Canada fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
cause a notice, in such form and containing such of the particulars referred to in paragraph (a) as may be required by the regulations, to be posted up in some conspicuous place on board the ship and to be kept so posted up and legible until the ship arrives at some other dock, wharf, harbour or place.
enter in the official log-book of the ship such particulars relating to the depth to which the ship is for the time being loaded as the Governor in Council may by regulations prescribe; and
Before any Load Line Convention ship registered in Canada leaves any dock, wharf, harbour or other place for the purpose of proceeding to sea on any international voyage, the master thereof shall
the master of the ship, before making any other entry in any official log-book of the ship, shall enter therein the particulars respecting the position of the deck line and load lines specified in the Certificate.
the owner of the ship shall forthwith on the receipt of the certificate cause it to be framed and posted up in some conspicuous place on board the ship and to be kept so framed and posted up and legible so long as the certificate remains in force and the ship is in use; and
When a Load Line Convention Certificate has been issued under this Part in respect of a Load Line Convention ship registered in Canada,
he is satisfied that the particulars required by this section have been inserted in the agreement with the crew.
there is produced to him a Load Line Convention Certificate for the time being in force in respect of the ship; and
In the case of a Load Line Convention ship registered in Canada, being a foreign-going ship, a shipping master shall not proceed with the engagement of the crew until
Before an agreement with the crew of any Load Line Convention ship registered in Canada, in respect of which a Load Line Convention Certificate is in force, is signed by any member of the crew, the master of the ship shall insert in the agreement the particulars respecting the position of the deck line and load lines specified in the Certificate, and if he fails to do so, he is guilty of an offence and liable to a fine not exceeding one hundred dollars.
With a view to determining the validity in Canada of certificates purporting to have been issued in accordance with the Load Line Convention in respect of Load Line Convention ships not registered in Canada, the Governor in Council may make such regulations as appear to him to be necessary for the purpose of giving effect to Article 17 of the Load Line Convention, and, for the purpose of the provisions of this Part relating to Load Line Convention ships not registered in Canada, the expression “a valid Load Line Convention Certificate” means a certificate that complies with the regulations that are applicable in the circumstances.
The Minister may, at the request of the government of a country to which the Load Line Convention applies, cause to be issued a Load Line Convention Certificate in respect of a Load Line Convention ship of that country if he is satisfied in like manner as in the case of a Canadian ship that the Certificate can properly be issued, and where a certificate is issued at such a request, it shall contain a statement that it has been so issued.
Where a valid Load Line Convention Certificate is not produced to the inspector on demand, the inspector has the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part have been complied with, as if the ship were a Canadian ship.
Where it is found on an inspection that the ship has been so materially altered in respect of the matters referred to in paragraphs (2)(c) and (d) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be deemed to be unsafe for the purpose of section 392, but where the ship has been detained under that section, the Minister shall order the ship to be released as soon as he is satisfied that the ship is fit to proceed to sea without danger to human life.
Where it is found on an inspection that the load lines of the ship are not in the position specified in the Certificate, the ship may be detained until the matter has been rectified to the satisfaction of the inspector.
Where it is found on an inspection that the ship is loaded beyond the limits allowed by the Certificate, the ship may be detained and proceedings may be taken against the master or owner thereof under the provisions of this Part relating to the submersion of load lines on ships not registered in Canada.
that the fittings and appliances for the protection of openings, the guard-rails, the freeing ports and the means of access to the crew’s quarters have been maintained on the ship in as effective a condition as they were in when the Certificate was issued.
that no material alterations have taken place in the hull or superstructures of the ship that affect the position of the load lines; and
that the position of the load lines on the ship corresponds with the position specified in the Certificate;
that the ship is not loaded beyond the limits allowed by the Certificate;
Where a valid Load Line Convention Certificate is produced to the inspector on demand, the inspector’s powers of inspecting the ship with respect to load line are limited to seeing
A steamship inspector may go on board any Load Line Convention ship not registered in Canada that is at a place in Canada for the purpose of demanding the production of any Load Line Certificate for the time being in force in respect of the ship.
The master of every Load Line Convention ship not registered in Canada shall produce a valid Load Line Convention Certificate to the officer of customs from whom a clearance for the ship from any port in Canada is demanded, and a clearance shall not be granted, and the ship may be detained, until the Certificate is produced.
Section 356 applies to Load Line ships not registered in Canada proceeding or attempting to proceed to sea from places in Canada, as it applies to Load Line Convention ships registered in Canada, subject to the following modifications:
subject to paragraph (a), a foreign ship that does not comply with the conditions of assignment to the extent required in its case by section 356 shall be deemed to be unsafe for the purpose of section 392.
section 356 does not apply to a Load Line Convention ship not registered in Canada, if a valid Load Line Convention Certificate is produced in respect of the ship; and
Section 357 applies to Load Line ships not registered in Canada, while they are within any port in Canada, as it applies to Load Line ships registered in Canada, subject to the following modifications:
in any other case, the load line that corresponds with the load line indicating the maximum depth to which the ship is for the time being entitled under the Load Line Rules to be loaded or, if no load line on the ship so corresponds, the lowest load line thereon.
in the case of a Load Line Convention ship in respect of which there is produced on inspection a valid Load Line Convention Certificate, the Load Line appearing by the certificate to indicate the maximum depth to which the ship is for the time being entitled under the Load Line Convention to be loaded, and
the expression “the appropriate load line”, in relation to any ship not registered in Canada, means
no Load Line Convention ship shall be detained, and no proceedings shall be taken against the owner or master thereof, under section 357 except after an inspection by a steamship inspector as provided in this Part; and
Paragraph (3)(a) applies with respect to any foreign country in which for the time being Her Majesty has jurisdiction, as if that country were a Commonwealth country.
that by the law in force in any foreign country provision has been made for the fixing, marking and certifying of load lines on ships, or any class or description of ships, registered in that country and has also been so made, or has been agreed to be so made, for recognizing Load Line Convention Certificates issued in Canada as having the same effect in ports of that country as certificates issued under that provision,
that by the law in force in any Commonwealth country other than Canada provision has been made for the fixing, marking and certifying of load lines on British ships, or any class or description of British ships, registered in that Commonwealth country, or
Where the Minister certifies
The provisions of this Act relating to the issue, duration, renewal and cancellation of Load Line Convention Certificates apply to Special Load Line Certificates.
The Minister may cause a Load Line Certificate to be issued, in a form approved by him, in respect of any Load Line ship registered elsewhere than in Canada, and not being a Load Line Convention ship, which certificate may be known as a Special Load Line Certificate.
Subject to section 372, the master of every Load Line ship, other than a Canadian ship or a Load Line Convention ship not registered in Canada, shall produce to the officer of customs, from whom a clearance for the ship from any port in Canada is demanded, either a Special Load Line Certificate or a certificate having effect under this Act as that Certificate, being a certificate for the time being in force in respect of the ship, and a clearance shall not be granted, and the ship may be detained, until the certificate is produced.
The Minister may authorize the clearance of any ship to which section 371 applies without the certificate therein provided for on the following conditions:
that, in the opinion of a steamship inspector, the hull, boilers, machinery and equipment of the ship are in good order and sufficient for the voyage contemplated.
that only such amount of cargo is carried as in the opinion of a port warden, or other competent person directed by the Minister to examine the ship, is sufficient to allow the ship to make a voyage in safety; and
The regulations made under this section may contain appropriate provisions applying to any Load Line ship loaded with a timber deck cargo that is at any place in Canada.
For any contravention or attempted contravention of this section, the owner or master of any ship is guilty of an offence and liable to a fine of not more than twenty-five hundred dollars and not less than one hundred dollars, but in any proceedings against a master in respect of a contravention of the timber cargo regulations, it is a good defence to prove that the contravention was due solely to deviation or delay, the deviation or delay being caused solely by stress of weather or other circumstances that neither the master, the owner nor the charterer, if any, could have prevented or forestalled.
No ship described in subsection (4) shall proceed unless it has on board the certificate mentioned in that subsection, which shall be produced on demand of the chief officer of customs at any port.
In the absence of a port warden or other person directed by the Minister, the certificate mentioned in subsection (4) shall be given by the master and deposited with the chief officer of customs at the port before the ship clears on its voyage, and that officer shall refuse to clear the ship unless the certificate is deposited with him.
Where a Load Line ship is about to make a voyage carrying a deck cargo of timber from Canada, the owner or master shall have the ship inspected by a port warden, or other person directed thereto in writing by the Minister who shall, if he is satisfied that he can do so with propriety, give a certificate showing that the ship is suitable for the carriage of deck cargoes of timber, and that the cargo is properly stowed and secured in accordance with the timber cargo regulations.
Subject to subsection (2), the timber cargo regulations may prescribe generally the conditions on which timber may be carried as deck cargo outside Canada in any Load Line ship on all voyages or on any particular class of voyages and at all seasons or at any particular season, and in particular may prescribe the manner and position in which the timber is to be stowed and the provision that is to be made on the ship for the safety of the crew.
The timber cargo regulations shall contain such regulations as appear to the Governor in Council to be necessary for the purpose of giving effect to paragraph 2 of Article 6 of the Load Line Convention.
The Governor in Council may make regulations, in this section referred to as the “timber cargo regulations”, respecting the conditions on which timber may be carried as cargo outside Canada in any uncovered space on the deck of any Load Line ship.
Where any provision of the Load Line Convention to which the Governor in Council is required by this Part to give effect by any rules or regulations is amended pursuant to Article 20 of that Convention, the Governor in Council may amend the rules or regulations accordingly.
The owner or master of a ship that is loaded so as to submerge the appropriate load line of the ship beyond the limits of submergence for that ship as determined by regulations made under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars and to an additional fine not exceeding five hundred dollars for each inch or fraction of an inch by which the appropriate load line of the ship is submerged beyond the limits of submergence for that ship.
The owner or master of a ship who contravenes any regulation made under subsection (2) is guilty of an offence punishable on summary conviction.
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (2.1) does not apply in respect of a proposed regulation that
Subject to subsection (2.2), a copy of each regulation that the Governor in Council proposes to make under paragraph (2)(a) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
providing for the inspection of ships to which regulations made under this section apply and the detention of those ships that do not meet the requirements of such regulations.
providing for the application to a ship other than a new ship of regulations made under this section where such application is requested by or on behalf of the owner of that ship; and
prescribing special provisions respecting load lines for new ships not registered in Canada that are proceeding or attempting to proceed to sea from Canada or that are within any port in Canada;
establishing load line requirements for new ships making voyages between Canada and the United States on any lake or river or making voyages from any place in Canada to any other place in Canada;
to carry out and give effect to the International Convention on Load Lines, 1966, signed at London on April 5, 1966, as amended in London on October 12, 1971 and November 15, 1979, including any amendments, whenever made, to the Annexes to that Convention;
The Governor in Council may make regulations
For the purposes of this section and section 376, new ship means a ship in excess of seventy-nine feet in length that is not a fishing vessel or pleasure craft, the keel of which is laid or construction of the hull of which is commenced on or after April 14, 1973.
For the purpose of this section, new ship includes a ship to which regulations made under subsection 375(2) are made applicable pursuant to paragraph (d) of that subsection.
Section 364 applies, with such modifications as the circumstances require, to new ships registered in Canada.
Subject to subsection (2), sections 352 to 374 do not apply to new ships.
This section applies to every ship registered elsewhere than in Canada with respect to which any certificate has been issued under this Part.
This section has effect in respect of any Canadian ship that is at a port outside Canada, except that where it would be impracticable or unreasonable to have the ship inspected by a steamship inspector, the inspection may be postponed until the ship returns to Canada, but the master of the ship is not relieved from the obligation of putting the ship in good seaworthy condition for any contemplated voyage with respect to the hull, machinery or equipment, as the case may be.
If the owner or master of a ship fails, without reasonable cause, to report to the Chairman as required under this section, the master shall be deemed to be guilty of misconduct, and the owner is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars, and if the ship goes on any voyage it shall be deemed to be making a voyage without having a certificate, or certificates, as may be required under this Part.
Where, in the case of any Canadian ship, any part of the hull, equipment or machinery has been altered or renewed so as to affect its compliance with the regulations made under this Part, in accordance with which any certificate has been issued in respect of the ship, the owner or master shall forthwith report the matter to the Chairman, and the ship shall not go from any place in Canada until it has been re-inspected and a certificate issued in accordance with the conditions found to exist.
Where a Canadian ship has received any material damage affecting its seaworthiness or its efficiency, either in its hull, machinery or equipment, the owner or master shall, as soon as possible, forward a report to the Chairman, giving full particulars in the matter, and the ship shall not go from any place in Canada until it has been put in good seaworthy condition to the satisfaction of a steamship inspector with respect to the hull, machinery or equipment, as the case may be.
Every person who knowingly and wilfully makes or assists in making, or procures to be made, a false or fraudulent report of inspection or survey with the object of having issued in respect of any ship any certificate provided for under this Part, or forges or assists in forging, or procures to be forged, fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such report or certificate, or anything contained in, or any signature to, such report or certificate, is guilty of an indictable offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.
Every owner, master or engineer of a steamship who alters or deals with the safety valves, or allows them to be altered or dealt with, whereby a greater pressure of steam may be obtained on a boiler than the pressure allowed by the inspector who last inspected the boilers of the steamship is guilty of an offence and liable to a fine of not more than one hundred dollars and not less than fifty dollars, and, in the case of an engineer, is liable to have his certificate suspended.
the function, role and activities of special purpose personnel on board special purpose ships.
the operation of special purpose ships; and
The Governor in Council may make regulations respecting
persons or classes of persons on board special purpose ships as special purpose personnel.
ships or classes of ships as special purpose ships; and
The Minister may, on application, designate
If any regulations made under this section are contravened, the master is guilty of an offence and liable to a fine not exceeding five hundred dollars.
The regulations made under this section shall provide that the provisions of the Safety Convention relating to watertight doors and other contrivances shall be complied with in every passenger ship registered in Canada that carries more than twelve passengers on an international voyage.
that an efficient fire patrol system shall be maintained when passengers are on board.
that specific duties to be carried out by each member of the crew in an emergency shall be assigned; and
every occasion on which boat drills or fire-drills are practised and every occasion when life-saving appliances and fire-extinguishing equipment are examined to see that they have been maintained in the same condition as when the certificate of inspection was issued and if the drills are not practised or the examinations are not made in accordance with the regulations, the reason therefor;
every occasion on which watertight doors are opened, closed or inspected and on which boat drills take place, and
the time of opening and closing of watertight doors that may be required to be opened at sea for the working of a steamship,
the time of opening and closing of watertight doors or other appliances required to be kept closed at sea,
that the master of a steamship shall keep a record, entered in the official log-book of the steamship where an official log-book is required to be kept, or in the agreement with the crew where an official log-book is not required to be kept, of
that there shall be periodic boat and fire drills;
that there shall be periodic drills of the opening and closing of watertight doors and periodic inspections of those doors and other appliances fitted in watertight bulkheads;
that ash chutes, rubbish chutes, or similar appliances shall be kept securely closed except when in use;
that watertight doors shall be kept closed while a steamship is at sea, other than when it may be necessary for the working of the ship to have them open;
that hinged watertight doors and other appliances for closing openings in watertight bulkheads, side scuttles, gangway doors and like appliances shall be closed before a steamship proceeds to sea, and shall be kept closed while the steamship is at sea;
The Governor in Council may make regulations in respect of passenger steamships registered in Canada, requiring
The transmission of messages pursuant to this section shall be free of cost to the steamships concerned, and any expense for the transmission of those messages that would, but for this provision, fall on the ship, shall, in so far as they are not otherwise defrayed, be defrayed out of moneys provided by Parliament.
For the purposes of this section, a tropical storm means a hurricane, typhoon, cyclone or other storm of a similar nature, and a master of a ship shall be deemed to have met with a tropical storm if he has reason to believe there is such a storm in the vicinity.
Every person in charge of a radio station in Canada or on board any Canadian ship shall, on receiving the signal prescribed in the regulations for indicating that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and if so required by the Minister shall transmit the message in such a manner as may be required by the Minister, and compliance with this section shall be deemed to be a condition of every licence granted by the Minister under this Act and of every radio licence issued by the Minister of Industry under the Radiocommunication Act.
If the master of a ship fails to comply with this section, or with the regulations made thereunder, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
The master of any Canadian ship on meeting with dangerous ice, a dangerous derelict or other direct dangers to navigation, a tropical storm, winds of a force of ten or more on the Beaufort scale for which no storm warning has been received or subfreezing air temperatures associated with gale force winds and causing severe ice accretion on the superstructure of his ship shall, in the manner prescribed by the regulations, send information thereof to all ships in the vicinity and to such authorities on shore as may be prescribed by the regulations.
any private signal, whether registered or not, that is liable to be mistaken for any signal so prescribed,
any signal prescribed by regulations made under this section, except in the circumstances and for the purposes prescribed by those regulations, or
If a master of a ship uses or displays, or causes or permits any person under his authority to use or display,
Regulations made under subsection (1) shall prescribe, in so far as is necessary and expedient, the circumstances in which, and the purposes for which, any signals prescribed by those regulations are to be used, the circumstances in which they are to be revoked and the speed at which any message sent by radio-telegraphy in connection with a signal is to be transmitted, and those regulations shall make such provision as appears to the Governor in Council to be necessary for the purpose of giving effect to Regulation 9 of Chapter V of the Safety Convention in so far as it relates to misuse of distress signals.
The Governor in Council may make regulations with respect to what signals shall be signals of distress and urgency, and the signals prescribed by the regulations shall be deemed to be signals of distress and urgency.
The registration of any signal does not relieve any person from the obligations of complying with section 382.
The Minister may refuse to register any signals that, in his opinion, cannot easily be distinguished from signals of distress, signals for pilots, signals of urgency or signals prescribed for indicating that a message is about to be sent relating to a danger.
Where the owner of a ship desires to use for the purposes of a private code any rockets, lights or other similar signals that are not such as are liable to be mistaken for a signal of distress or urgency, he may register those signals with the Minister who shall give proper notice of the signals so registered.
Nothing in this section affects the provisions of section 451 and compliance by the master of a ship with this section does not affect his right, or the right of any other person, to salvage.
If the master of a Canadian ship contravenes this section he is guilty of an indictable offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding one year.
The master of a ship shall be released from the obligation imposed by subsection (1), and, if his ship has been requisitioned, from the obligation imposed by subsection (2), if he is informed by the persons in the ship in distress or by the master of another ship that has reached those persons that assistance is no longer necessary.
The master of a ship shall be released from the obligation imposed by subsection (1) when he learns that one or more ships other than his own have been requisitioned and are complying with the requisition.
The master of any ship in distress may, after consultation, in so far as possible, with the masters of the ships that answer his distress signal, requisition one or more of those ships that he considers best able to render assistance, and it is the duty of the master of any Canadian ship that is so requisitioned to comply with the requisition by continuing to proceed with all speed to the assistance of the ship in distress.
The master of a Canadian ship at sea, on receiving a signal from any source that a ship or aircraft or survival craft thereof is in distress, shall proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so, but if he is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, he shall enter in the official log-book of the ship the reason for failing to proceed to the assistance of those persons.
No master or person in charge of a vessel shall be convicted of an offence under subsection (3) if he establishes that compliance with an order of a rescue coordinator or person acting under the direction thereof would have exposed his vessel or tow or persons on board it to serious danger.
Every master or person in charge of a vessel in Canadian waters or a Canadian vessel on the high seas off the coasts of Canada who fails to comply with an order given by a rescue coordinator or a person acting under his direction is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.
give such other orders as he deems necessary to carry out search and rescue operations for that vessel, aircraft or survival craft.
order any vessel to take part in a search for that vessel, aircraft or survival craft or to otherwise render assistance; and
order all vessels within an area specified by him to report their positions to him;
On being informed that a vessel or aircraft or survival craft thereof is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate it may be in distress, a rescue coordinator may
The Minister may designate persons, to be known as rescue coordinators, to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada.
If the master of a ship contravenes this section, he is guilty of an offence and liable to a fine not exceeding five hundred dollars.
The master of a Canadian ship, when ice is reported to be on or near his course, shall at night either proceed at a moderate speed or change his course so as to keep amply clear of the ice reported, and of the area of danger.
Every person who contravenes subsection (1) or any regulation made under this section is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars and in default of payment to imprisonment for any term not exceeding one month.
The Governor in Council may make such regulations in respect of the arrangement of steering wheels, indicators or tell-tales, as may, in his opinion, be necessary to carry out the intent of this section.
give a helm or steering order containing the word “port” or “left”, or any equivalent of “port” or “left”, unless he intends that the head of the ship shall move to the left.
give a helm or steering order containing the word “starboard” or “right”, or any equivalent of “starboard” or “right”, unless he intends that the head of the ship shall move to the right; or
No person on any Canadian ship shall, when the ship is going ahead,
An owner described in subsection (1) who fails, without reasonable cause, to comply with this section is guilty of an offence and liable to a fine not exceeding one hundred dollars.
The owner of any line of passenger steamships registered in Canada, crossing the North Atlantic from or to any port in Canada by regular routes, shall give public notice, in such manner as the Minister may direct, of the proposed routes that ships belonging to the line shall follow, and of any changes that may be made in those routes.
This section and the regulations made thereunder apply to all ships in Canadian waters and to Canadian ships in all waters.
No prosecution under this section shall be instituted except by or with the consent of the Minister.
Proceedings by way of summary conviction in respect of an offence under this section may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.
on conviction on indictment, to imprisonment for a term not exceeding two years.
on summary conviction, to a fine not exceeding fifty thousand dollars for a first offence and not exceeding one hundred thousand dollars for each subsequent offence, or
a direction given by the Board under subsection (2.2) of which he has been notified in accordance with regulations made under subsection (2.3) or, in the absence of such regulations, of which he has received notification,
a regulation made under subsection (2.1), or
Every person who contravenes
on conviction on indictment, to imprisonment for a term not exceeding one year.
on summary conviction, to a fine not exceeding ten thousand dollars; or
Every person who contravenes subsection (2) or (3) is guilty of an offence and liable
Where any ship has on board any goods in contravention of any regulations made under this section or of a direction given by the Board under subsection (2.2), the ship is liable to detention in accordance with section 392.
When any dangerous goods or any goods that, in the judgment of the master or owner, are dangerous goods are sent on board any Canadian ship contrary to this section, the goods may be thrown overboard, and neither the master nor the owner of the ship is, in respect of the throwing overboard of those goods, subject to any liability, civil or criminal, in any court.
The master or owner of any Canadian ship may refuse to take on board any package or parcel that he suspects contains goods of a dangerous nature, and may require the package or parcel to be opened to ascertain the fact.
No person shall send or attempt to send by, or, if he is not the master or owner of a ship, carry or attempt to carry in any Canadian ship any dangerous goods without distinctly marking their nature on the outside of the package containing the goods, in accordance with such regulations as the Governor in Council may make, and giving written notice of the nature of the goods and of the name and address of the sender thereof to the master or owner of a ship at or before the time of sending the goods to be taken on board the ship.
The Governor in Council may make regulations providing for the notification of persons directed to do anything under subsection (2.2) and for the effect, duration and appeal or review of the directions and for any matters incidental thereto.
Where the Board considers it to be necessary for the protection of public safety, property or the environment in any case not provided for by regulations made under subsection (1) or (2.1), the Board may, subject to any regulations made pursuant to subsection (2.3), give to any person engaged in sending or carrying goods considered dangerous by the Board, in any Canadian ship, directions to cease any such activity or to carry it on in the manner directed.
The Governor in Council may make regulations prohibiting the carriage by Canadian ships of goods specified in the regulations.
No person shall send or attempt to send by or carry or attempt to carry in any Canadian ship, except in accordance with the regulations made pursuant to subsection (1), as cargo or ballast, any dangerous goods, but this subsection does not apply to ships’ distress signals or to the carriage of military stores for the public service under conditions authorized by the Minister.
such other requirement respecting the inspection of a ship carrying those goods as he deems necessary.
the powers of a steamship inspector in respect of any ship loading, unloading or stowing those goods; and
the precautions to be taken by persons on or in the vicinity of any ship loading, unloading or carrying those goods;
the precautions to be taken by persons engaged in the loading, unloading or stowing of those goods;
the marking that is to be placed on any package or container in which those goods may be placed for shipment;
the place or places within a ship in which they may be carried;
the quantity of those goods that may be carried in any ship;
the method of packing and stowing those goods;
The Governor in Council may, by regulation, declare that any goods, articles or materials to be carried in a ship are dangerous goods, and may prescribe
When any dangerous goods are sent, or attempted to be sent or carried, or attempted to be carried, on board any Canadian ship contrary to section 389, the Admiralty Court, on application by, or on behalf of the owner, charterer or master of the ship, may declare the goods forfeited and direct that they be disposed of as the Court directs.
Where it is proved that the ship is not in a fit condition to proceed to sea, or that the accommodation is insufficient, as the case may be, the master or owner of the ship shall pay the costs of the survey, and is liable to pay to the seaman or apprentice, who has been detained in consequence of the proceeding before the court under this section, such compensation for his detention as the court may award.
Where it is proved that the ship is in a fit condition to proceed to sea, or that the accommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person on whose demand or in consequence of whose allegation the survey was made, and may be deducted by the master or owner out of the wages due or to become due to that person.
The costs, if any, of the survey shall be determined by the court.
Any person making a survey under this section has, for the purposes thereof, all the powers of a steamship inspector.
The surveyor or other person referred to in subsection (5) shall survey the ship and make his written report to the court, including an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before it in accordance with those opinions.
For the purposes of subsection (3), the court shall require any surveyor of ships, or any person appointed for the purpose by the Minister, or, if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, any other impartial surveyor appointed by the court, and having no interest in the ship, its freight or cargo, to survey the ship and to answer any question concerning it that the court may think fit to put.
A seaman or apprentice charged with desertion, or with quitting his ship without leave, does not have any right to apply for a survey under this section unless he has before quitting his ship complained to the master of the circumstances alleged in justification.
Whenever in any proceeding against any seaman or apprentice belonging to any Canadian ship for the offence of desertion or absence without leave, or for otherwise being absent from his ship without leave, it is alleged by one-fourth, or if their number exceeds twenty by not less than five, of the seamen belonging to the ship that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment or for any other reason not in a fit condition to proceed to sea, or that the accommodation in the ship is insufficient, the court having cognizance of the case shall take such means as may be in its power to satisfy itself concerning the truth of the allegation, and shall for that purpose receive the evidence of the persons making the allegation, and may summon any other witnesses whose evidence it may think it desirable to hear, and shall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall before adjudication cause the ship to be surveyed.
Nothing in this section subjects the owner of a ship to any liability by reason of the ship being sent to sea in an unseaworthy state where, owing to special circumstances, the sending of the ship to sea in that state was reasonable and justifiable.
In every contract of service, express or implied, between the owner of a ship and the master or any seaman thereof, and in every instrument of apprenticeship whereby any person is bound to serve as an apprentice on board any ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner of the ship, that the owner, the master and every agent charged with the loading of the ship, the preparing of the ship for sea or the sending of the ship to sea shall use all reasonable means to ensure the seaworthiness of the ship for the voyage at the time when the voyage commences and to keep the ship in a seaworthy condition during the voyage.
The steamship inspector, port warden or other person named by the Minister, who makes the inspection under this section, shall report fully to the officer of customs who has detained a ship under this section, and the officer shall report fully to the Minister, setting out all the particulars with respect to the detention, and his report shall be accompanied by a copy of the report of the steamship inspector, port warden or other person who has made the inspection.
The owner or master may require that a person whom he may choose shall accompany the person making the inspection under this section.
Where any ship is detained under this section, the officer of customs who detained it may, before releasing the ship, demand that the owner or master have the ship inspected by a steamship inspector for any defects believed to exist, or by a port warden or other competent person named by the Minister in a case where overloading or improper loading is believed to exist.
Where, on complaint made to him pursuant to this section and sections 393 to 396 or without any complaint, the chief officer of customs at any port in Canada believes on reasonable grounds that any ship at a port or place in Canada is an unsafe ship by reason of the defective condition of its hull, equipment or machinery, or by reason of undermanning, overloading or improper loading, and is unfit to proceed to sea or to make any voyage or trip, without serious danger to life, that officer shall detain the ship until he is satisfied that it is a safe ship.
Any complaint in respect of the seaworthiness of a ship shall be in writing, stating the name and address of the complainant, and a copy of the complaint, including the name and address of the complainant, shall be given to the owner or master of the ship at the time of detention if the ship is detained.
Before a ship is detained under section 392, an officer of customs shall assure himself by all means at his disposal that the complaint is not of a trivial or vexatious nature, and if the officer thinks fit to do so, he may exact from the complainant a deposit of money to defray the expenses of inspection and to pay any loss that may be sustained by the owner on account of the detention of the ship, or he may exact such security for the payment of such expenses or loss as he deems sufficient.
The provisions of this section in respect of payment of the cost of inspection do not have effect where complaint is made by members of the crew of the ship complained of if, in the opinion of the Minister, the complaint was not vexatious.
Where, on inspection, it is determined that any ship detained under section 392 was not an unseaworthy ship, the expenses in connection with the inspection shall be paid to the Minister by the person making the complaint, and the payment does not prejudice any right of suit or action against the complainant by any persons aggrieved by the complaint.
Where, on inspection, it is found that any complaint in respect of an unseaworthy ship was well founded, any expenses in connection with the inspection shall be paid by the owner, and the ship shall not be released until the expenses are paid.
On an appeal under subsection (1), the Court may make such order with respect to the detention or discharge of the ship, with respect to the payment, whether by the Crown or otherwise, of any costs or damages incurred by its detention and with respect to the payment of the expenses of the original inspection and of the inspection anew, as to the Court seems just.
Any owner who is dissatisfied with the decision of any person who makes inspection under section 392 may appeal to the Admiralty Court and that Court may, if it thinks fit, appoint a competent person or persons to inspect the ship anew.
Any person who makes an inspection under section 392 or 397 may, in the execution of his duty, go on board any ship at all reasonable times and inspect the ship or any part thereof, any of the equipment, cargo or articles on board the ship or the certificate of registry of the ship, and if that person considers it necessary to do so, he may require the ship to be so dealt with that he may be able to inspect every part of the hull, but he shall not for that inspection unnecessarily detain or delay a ship in proceeding on a voyage.
Every person who contravenes any regulation made under this section is guilty of an offence punishable on summary conviction.
For the purposes of subsection (1.1), the words oil and gas have the same meanings as in the Oil and Gas Production and Conservation Act.
Regulations made under this section may apply, if they so state, in respect of any ship as defined in Part XV but in no case does a regulation made under this section apply to ships capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas unless the regulation so states and was made on the joint recommendation of the Minister and the Minister of Natural Resources.
respecting first-aid facilities, the provision of first-aid training and the services of first-aid attendants.
respecting the protection of persons so employed from fire and explosion; and
respecting the strength of machinery, tackle and gear, their fitness for the purpose for which they are intended and the manner of their use and operation;
respecting the illumination of holds and decks of ships and docks or wharfs at which ships are berthed;
respecting the guarding and fencing of machinery, equipment, wharfs and decks and openings through decks and the responsibility for providing safe gangways and stagings;
respecting the ventilation and temperature of places in which those persons are employed and prescribing the minimum amount of space in which those persons may be required to work;
prescribing the standards for protective clothing and equipment to be used by persons so employed and respecting the use of and the responsibility for providing that clothing and equipment;
The Governor in Council may make regulations for the protection against accident of persons employed on ships and in the loading or unloading of ships, and without restricting the generality of the foregoing, may make regulations
Persons appointed under subsection (1) shall be known as Inspectors of Ships’ Tackle, and they shall perform their duties under the direction of the Chairman and in accordance with such regulations as may be made by the Governor in Council.
The Governor in Council may appoint at such places in Canada as he deems advisable one or more persons to inspect ships’ tackle and to supervise to such extent as may be necessary for the protection of those employed therein the work of loading and unloading of ships.
Every person who fails to comply with this section is guilty of an offence and liable to a fine not exceeding one hundred dollars.
No person shall in Canada consign to be loaded on any ship, and no master, owner or agent of any ship shall in Canada cause or permit to be loaded on any ship, any package or object of a gross weight of two thousand two hundred and forty pounds or over without causing its weight to be plainly and durably marked on the outside of the package or object, but in the case of a package or object of such a character that its exact weight would be difficult to ascertain, an approximate weight may be so marked accompanied by the word “approximate” or any reasonable abbreviation thereof.
Any person who impedes, obstructs or prevents any Inspector of Ships’ Tackle in the exercise of his duties, or refuses him reasonable assistance or full and truthful answer to any pertinent question put with relation to any machinery or tackle or to any accident, is guilty of an offence and liable to a fine of not more than one hundred dollars and not less than fifty dollars.
demand from the owner or master of the ship or from the person in charge of the loading or unloading thereof reasonable assistance and pertinent information.
go at all reasonable times on board any ship or on any wharf or dock at which any ship is, for the purpose of loading or unloading, alongside; and
An Inspector of Ships’ Tackle may in the exercise of his duties
If any person who is ordered to cease the operation of loading or unloading continues the operation or allows it to be continued, he is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than one hundred dollars.
finds that any regulations that the Governor in Council has made in respect of the loading or unloading of ships are not being complied with,
is of opinion that any person employed in the loading or unloading of any ship is exposed to undue risk on account of the condition of any machinery, tackle, stagings or the like or on account of the way in which the operation is being carried on, or
Where any Inspector of Ships’ Tackle
Every person who fails to comply with this section is guilty of an offence and liable to a fine of not more than fifty dollars and not less than twenty dollars.
The owner or occupier of every dock, wharf or landing place at which passengers are put on shore or taken on board shall, at night, cause to be shown conspicuously on that dock, wharf or landing place, at every angle or turn thereof, during the whole of the time that any ship is approaching, or alongside, good and sufficient lights.
The master of every ship carrying passengers shall, on stopping at any wharf, dock or landing place for the purpose of putting passengers ashore or taking them on board, provide a suitable gangway, properly secured to the ship, for the safe and convenient transit of passengers, and shall cause to be fixed to that gangway at night good and sufficient lights.
The Governor in Council may make regulations respecting the identification of hulls of pleasure craft.
Every pleasure craft in excess of five tons gross tonnage that is fitted with a boiler for purposes of propulsion is subject to the requirements of this Part relating to the annual inspection of boilers.
propelling power, steering capability and position controlling arrangements.
the construction and installation of machinery; and
marking to show recommended safe limits for engine power and gross load capacity;
the construction of hulls;
precautions against fire;
the construction of equipment and the class and quantity of various types of equipment to be carried;
Subject to subsection (2), pleasure craft are exempt from annual inspection and from the regulations made under section 338 other than those regulations respecting
Steamships not in excess of 15 tons gross tonnage that do not carry more than 12 passengers and that are not pleasure craft are exempt from annual inspection and from the regulations made under section 338, other than those respecting
propelling power, steering capability and position controlling arrangements.
the construction and installation of machinery; and
marking to show recommended safe limits for engine power and gross load capacity;
the construction of hulls;
precautions against fire;
the construction of equipment and the class and quantity of various types of equipment to be carried;
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 60]
Steamships not in excess of fifteen tons gross tonnage that are not passenger steamships are exempt from the provisions of this Part relating to annual inspection, except that such steamships, if fitted with a boiler operating at a pressure in excess of 103 kPa, are subject to inspection of their boilers, life-saving equipment and systems for precautions against fire as provided in subsection (2).
Steamships described in subsection (1), if fitted with a boiler operating at a pressure in excess of 103 kPa, are, in addition to such inspection every fourth year, subject to annual inspection of their boilers, life-saving equipment and systems for precautions against fire, in like manner and as if they were steamships in excess of one hundred and fifty tons gross tonnage.
Steamships in excess of fifteen tons gross tonnage but not in excess of one hundred and fifty tons gross tonnage that are not passenger steamships are exempt from the provisions of this Part relating to annual inspection and instead shall be inspected every fourth year.
The Governor in Council may make regulations for the establishment of a scale of fees and the collection thereof, for examining plans of ships, their machinery and equipment, for the inspection of steamships, their machinery and equipment during construction, for assigning and marking Load Lines, for the testing of material, and for such other examinations and inspection under this Part as he may deem fit.
A certificate shall not be issued under this Part to any Canadian ship until the fees applicable in the case for the current year have been paid.
The amount of the fee shall, in each case, be paid at such times and in such manner and to such officers as the Governor in Council may direct, and shall be paid into the Consolidated Revenue Fund.
The Governor in Council may fix a fee to be paid yearly or quadrennially in respect of inspections made quadrennially by the owner of every Canadian ship that is required to have a certificate of inspection or a Load Line Certificate under this Part.
The chief officer of customs at any place shall demand of the owner or master of every ship entered, cleared or otherwise officially dealt with by him, the production of every certificate required under this Part to be held in respect of the ship, and where any certificate is not produced, the officer shall detain the ship until the certificate is produced and until any fine imposed on the ship, its master or owner under this Part or the regulations is paid.
Whenever a steamship inspector gives notice in writing to an officer of customs at a port that any of the provisions of this Part, or any order in council made thereunder, have not been fully complied with in respect of any ship, or that any ship in respect of its hull, machinery or equipment has, in the opinion of the inspector, become unseaworthy, the chief officer of customs at that port shall detain that ship until he receives notice in writing from the inspector concerned that he may release the ship.
For the purposes of this section, a chief officer of customs or other person, in the discharge of his duty, may go on board any ship, make any examination that he deems fit and ask any pertinent question of, and demand all reasonable assistance from, the owner or master or any person in charge thereof, or appearing to be in charge.
A chief officer of customs at any place, or other person directed thereto by the Minister, may take action, by detention of a ship or by other reasonable and appropriate means at his disposal, to prevent any contravention of any of the provisions of this Part.
Any person who impedes, prevents, obstructs or resists any steamship inspector, chief officer of customs or other person acting with the written authority of the Minister in the performance of any duty under any of the provisions of this Part, or of any order in council made thereunder, who refuses to answer any pertinent question put to him or who falsely answers any such question, or who refuses to give assistance to the steamship inspector, chief officer of customs or other person in the discharge of his duty, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment.
Any person who knowingly removes, or causes to be removed, or is a party to removing any ship that has been running in contravention of any of the provisions of this Part or of any order in council made thereunder, and has been detained by any chief officer of customs, or by a steamship inspector or other person thereunto directed in writing by the Minister, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months.
Where under this Act the Governor in Council is empowered to make such regulations or rules as appear to him to be necessary for the purpose of giving effect to any of the provisions of the Safety Convention or Load Line Convention, the requirement shall, in the case of a provision the terms of which are such as to vest in the several governments that are parties to the Convention a discretion with respect to whether any or what action should be taken thereunder, be construed as an authority to the Governor in Council to make by regulations or rules such provision, if any, with respect to the matter in question as he in the exercise of that discretion thinks proper.
Notwithstanding any rules or regulations made pursuant to this Act for the purpose of giving effect to, or implementing, any provision of the Safety Convention or Load Line Convention that requires a particular fitting, appliance or apparatus, or type thereof, to be fitted or carried in a ship, or any particular provision to be made in a ship, the Chairman may allow any other fitting, appliance or apparatus, or type thereof, to be fitted or carried, or any other provision to be made if he is satisfied that that other fitting, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by the Convention.
Any surplus remaining from the proceeds of sale after paying the amount of the fine and the costs of conviction, together with the costs of the seizure and sale, shall be paid over to the owner of the ship, or the mortgagee, as the case may be.
In every case in which a conviction has been secured against the owner of a ship for contravention of any of the provisions of this Part, and a fine imposed, the ship, is, if the fine is not paid forthwith, liable to be seized, and, after such reasonable notice as the Minister may, in each case, prescribe, may be sold by the chief officer of customs at any place, or any other person authorized for that purpose in writing by the Minister, and the officer of customs or other person may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that, at the time of the sale, may be in existence.
All fines recovered under this Part shall be paid to the Receiver General, and shall be placed by him to the credit of the Consolidated Revenue Fund, but the Governor in Council may, if he sees fit, authorize the payment of a portion of those fines to the informer, if he is not a steamship inspector.
Notwithstanding section 416, where a provincial, municipal or local authority bears in whole or in part the expense of prosecuting a contravention of this Part in respect of which a fine is imposed, the court, justice of the peace or provincial court judge imposing the fine may direct that the proceeds of the fine be paid to that authority.
Any information or complaint in respect of any offence under this Part may be laid or made at any time within but not later than twelve months after the time when the matter of the information or complaint arose.
For greater certainty, the meaning of ship in subsection (1) is, for the purposes of a contravention of a regulation made under section 338, co-extensive with the scope of application of that regulation.
Except where otherwise specially provided in this Part, the owner or master of any ship is guilty of an offence punishable on summary conviction for any contravention of this Part or any regulation made under this Part.
Fish and the products of whaling trips and sealing trips shall not, for the purposes of this Part, be considered cargo of steamships employed in fishing, whaling or sealing.
This Part applies to all unregistered ships, other than ships belonging to Her Majesty and government ships, while they are within Canada.
The Governor in Council may direct that this Part or any of the provisions thereof shall apply to any ship or class of ship registered elsewhere than in Canada while within Canadian waters.
The Minister shall annually lay before Parliament a special report stating the cases in which he has exercised his power under this section during the preceding year and the grounds on which he has acted in each case.
This section does not apply to Safety Convention ships, Load Line Convention ships or ships to which the Load Line Regulations apply.
Subsection (1) has force and effect only during such period or periods as the Governor in Council may determine.
Notwithstanding anything in this Part, the Minister, on the recommendation of the Chairman, may relieve any Canadian ship or the owner of any such ship from compliance with any of the provisions of this Part or regulations made under this Part relating to steamship inspection, except provisions relating to radio installations in ships, in any specific case of emergency where the Minister may deem it necessary or advisable in the public interest, to such extent, in such manner and on such terms as he may consider proper in the circumstances, but the Minister shall not relieve any ship or owner from compliance with any such provision to such extent or in such manner as would permit any ship to proceed to sea or make any voyage or trip in an unseaworthy condition, that is to say, unfit by reason of the defective condition of its hull, equipment or machinery, or by reason of undermanning, overloading or improper loading, to proceed to sea or make any such trip or voyage without serious danger to life.
Every person who contravenes a provision of a regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine of not more than the maximum fine prescribed under paragraph (1)(k) in respect of that contravention or to imprisonment for a term of not more than six months, or to both.
prescribing the maximum fine that may be imposed in respect of the contravention of any provision of a regulation made under this subsection.
prohibiting the alteration or removal of the hull identification or serial numbers that identify small vessels; and
requiring owners, builders, manufacturers, importers or vendors of small vessels to modify their small vessels, at their own expense, in order to comply with regulations made under paragraph (b);
prohibiting the construction, manufacture, sale, lease, importation or operation of small vessels that do not meet the requirements of regulations made under paragraph (b);
authorizing the seizure and detention of small vessels that do not meet the requirements of regulations made under paragraph (b);
prohibiting the tampering with or the unauthorized use or transfer of certificates or plates issued in respect of small vessels;
respecting the suspension or cancellation of certificates or plates referred to in paragraph (d);
authorizing the issuance of certificates or plates in respect of small vessels that comply with regulations made under paragraph (b) and prescribing the fees to be charged in respect of issuing them;
authorizing the inspection of small vessels to ensure compliance with regulations made under paragraph (b);
respecting the construction or manufacture of small vessels;
defining the expression “small vessel” for the purposes of this section;
The Governor in Council may make regulations
The Minister of Fisheries and Oceans has throughout Canada the general superintendence of all matters relating to wrecks and receivers of wrecks.
The Minister has throughout Canada the general superintendence of all matters relating to salvage and, subject to the Canadian Transportation Accident Investigation and Safety Board Act, shipping casualties.
The Governor in Council may
subject to this Part, make regulations for the conduct of receivers of wrecks.
appoint any officer of customs or, when it appears to him more convenient, any other person to be a receiver of wrecks; and
establish, alter or abolish districts for the purposes of this Part;
Where, at any time, there is no receiver of wrecks for any other district, the chief officer of customs at the principal port in such district is the receiver of wrecks for such district.
Where, at any time, there is no receiver of wrecks for any district included within the limits of an agency of the Department, the agent of the Department of the district is the receiver of wrecks for the district.
A receiver of wrecks acting in execution of his duties pursuant to this Part has all the powers and authorities of a chief officer of customs.
Any person who fails without reasonable cause to comply with directions of the receiver of wrecks is guilty of an offence and liable to a fine not exceeding two hundred dollars.
When any Canadian or foreign vessel is wrecked, stranded or in distress at any place within Canadian waters or on or near the coasts thereof, a receiver of wrecks shall, on being made acquainted with the wreck, stranding or distress, forthwith proceed to the place, and, on his arrival at that place, take command of all persons present and assign such duties and issue such directions to each person as he thinks fit for the preservation of the vessel, the wreck and the lives of shipwrecked persons.
Nothing in this Part shall be construed as authorizing the receiver of wrecks to take charge of any ship, cargo or materials contrary to the expressed wish of the master or owner of the ship or cargo, or of his agent.
If any person whose service or property is required pursuant to subsection (1) fails, without reasonable cause, to comply with any requirement, he is guilty of an offence and liable to a fine not exceeding twenty dollars.
require the use of any vehicle, horses, tackle, ropes or appliances that are near at hand.
require the master of any vessel near at hand to give such aid with his men or vessel as is in his power; and
require such persons as he thinks necessary to assist him;
The receiver of wrecks may, with a view to the preservation of a vessel, or of any shipwrecked persons or wreck,
The receiver of wrecks may cause to be apprehended and kept in custody, until he can be conveniently taken before a justice of the peace to be dealt with according to law, any person who plunders, creates disorder or obstructs the preservation of a vessel wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, and may use such force as is reasonably necessary for the suppression of any such plundering, disorder or obstruction and may command all Her Majesty’s subjects to assist the receiver in the use of force.
Where, when the receiver of wrecks or any person acting under his orders is engaged in the execution of the duties by this Part committed to the receiver, any person who resists the receiver or person is maimed, hurt or killed by reason of the resistance, no action, suit or prosecution against the receiver or other person for or by reason of or on account of the maiming, hurting or killing shall be instituted or maintained, either on behalf of Her Majesty or of the person maimed or hurt, or the representatives of any person killed.
If the owner or occupier of any lands fails to comply with this section or hinders, prevents or obstructs the execution thereof, he is guilty of an offence and liable to a fine not exceeding four hundred dollars.
Whenever any vessel is wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, all persons may, for the purpose of rendering assistance to the vessel, or of saving any wreck or the lives of any shipwrecked persons, unless there is some public road equally convenient, pass and repass, either with or without conveyances or horses, over any adjoining lands, without being subject to interruption by the owner or occupier of those lands, if they do so with as little damage as possible, and may, on the like condition, deposit on those lands any wreck saved.
No compensation is recoverable under this section in respect of damage to any gate, wall, fence or other obstruction that has been erected or placed by an owner or occupier of lands so as to impede such passing, repassing or deposit.
The damage described in subsection (1) is, in default of payment, recoverable and, in case of dispute, the amount thereof shall be determined in the same manner as salvage may by this Part be recovered and, in case of dispute with respect to amount, is determined.
All damage sustained by any owner or occupier described in subsection 431(1) in consequence of the passing, repassing or deposit referred to in that subsection is a charge on the vessel or wreck in respect of which the damage was occasioned.
Every person, not being a receiver of wrecks or a person acting for or under the orders of a receiver, who endeavours to board any vessel or aircraft wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, without the leave of the person in charge of that vessel or aircraft, may be repelled by such force as is reasonably necessary, and the person in charge of the vessel or aircraft and every person under his orders so repelling that person by force are hereby indemnified for so doing.
Any officer or person acting pursuant to subsection (1) shall, in respect of any wreck the delivery of which to the receiver of wrecks is by this Part required, be considered as the agent of the receiver, and shall place the wreck in the custody of the receiver, and that officer or person is not entitled to any fees payable to receivers of wrecks, and is not deprived, by reason of his so acting, of any right to salvage to which he would otherwise be entitled.
Where any two or more of the officers or persons described in subsection (1) are present on any occasion, they shall respectively have priority in relation to the doing of any matter or thing in the order in which they are named in that subsection.
When a receiver of wrecks is not present, any chief officer of customs, fishery officer or provincial court judge on board any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, and any officer of customs, sheriff, justice of the peace, officer of the regular force of the Canadian Forces or lighthouse keeper employed by the Government of Canada may do all matters and things by this Part authorized to be done by the receiver, for the preservation of shipwrecked persons, vessels and wrecks.
Any person acting under the orders of an officer or person acting pursuant to section 434 shall, for the purposes of this Part, be deemed to be acting under the orders of a receiver of wrecks.
If any person who has taken possession of a wreck without reasonable cause fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding four hundred dollars, and, in addition, to a fine equal to double the value of the wreck, and he forfeits any claim or right to claim salvage relating to the wreck.
This section applies to any aircraft or any part thereof or cargo thereof found derelict at sea outside Canadian waters and brought within the territorial limits of Canada.
Whenever any person takes possession of a wreck within the limits of Canada, including Canadian waters, he shall, as soon as possible, deliver it to the receiver of wrecks, but the Minister may dispense with that delivery in the case of any wreck, on such conditions as he thinks fit.
Where the discovery of a wreck pursuant to subsection (1) is made in consequence of information given by any person to the receiver of wrecks, the informer is entitled, by way of salvage, to such sum not exceeding eighty dollars as the receiver allows under instructions from the Minister.
Every person in whose possession and on whose premises is found any wreck discovered by a receiver of wrecks, on search by him under a search warrant granted in that behalf by a justice of the peace, who fails, on being summoned by two justices of the peace, to appear before them to prove to their satisfaction that he was lawfully entitled to the possession of the wreck is, in the case of a first failure, guilty of an offence and liable to a fine not exceeding eighty dollars and, in any other case, is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding one year.
When a receiver of wrecks suspects that any wreck is secreted or concealed by, or is wrongfully in the possession of, any person, he may apply to any justice of the peace for a search warrant, and the justice may grant the warrant, by virtue whereof it is lawful for the receiver to enter, by force if necessary, any house, building or place, whether enclosed or unenclosed, or any vessel, and to search for, remove and detain any wreck kept or secreted therein.
On any indictment or prosecution of an accused for receiving, secreting, defacing, possessing, selling, dealing with or concealing the character of any wreck, evidence may be given, either before or after the verdict, of any former conviction of the accused for any of those offences.
On any indictment or prosecution of an accused for receiving, secreting or disguising any wreck, for having the possession thereof, for selling or dealing therewith or for defacing or obliterating marks thereon, unless the accused shows that he was possessed of the wreck for more than twelve months before the date of the indictment or the commencement of the prosecution, it lies on the accused to show that he did not know and had not the means of knowing it to be a wreck, or that he was lawfully possessed of, or entitled to sell or deal with, the wreck.
On any indictment or prosecution under this Part for any indictable offence in respect of a wreck, it is not necessary to attribute property to any person, or to identify the alleged wreck as part of any particular vessel or wreck coming from any particular vessel, or as the property of any particular person.
The notice must be published in the manner, at the time or times and in the location or locations that the receiver of wrecks considers reasonable in the circumstances, taking into account the value of the wreck and the likelihood of the notice coming to the attention of its owner.
Every receiver of wrecks shall, after taking possession of any wreck, notify the owner, if known, or, if not known, cause a notice to be published setting out a description of the wreck.
The owner of any wreck in the possession of the receiver of wrecks, on establishing his claim to the wreck to the satisfaction of the Minister within one year from the time at which it came into the possession of the receiver is, on paying the salvage, fees and expenses due, entitled to have the wreck or the proceeds thereof delivered up to him or his agent.
Where any wreck referred to in section 441 is proved to the satisfaction of the Minister to belong to a foreign owner, any consular officer in Canada of the country to which the owner of the wreck belongs shall, in the absence of the owner or his agent, be deemed to be the agent of the owner with respect to the custody and disposal of the wreck.
Where, in the opinion of the receiver of wrecks, it is to the advantage of all parties to sell a wreck in his custody, or, where the wreck consists of goods of a dangerous nature, the receiver may sell the wreck, and the proceeds of the sale, after defraying the expenses thereof, shall be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.
Where the owner of any wreck is known or has established his title to the wreck, but neglects to pay the salvage, fees or expenses due thereon for twenty days after notice in writing from the receiver of wrecks, the receiver may sell the wreck, or a sufficient part thereof, and may, out of the proceeds of the sale, after defraying the expenses of the sale, pay the salvage, fees and expenses due, and shall deliver any remaining portion of the wreck and pay the surplus proceeds, if any, of the sale to the persons entitled to receive them.
The proceeds of the disposal, if any, are, after payment of expenses, costs, fees and salvage, to be paid over to the Receiver General, to form part of the Consolidated Revenue Fund.
If no owner establishes a claim to any wreck within the period that the receiver of wrecks considers reasonable in the circumstances, the wreck shall be disposed of in the manner that the receiver of wrecks directs.
On delivery of a wreck or payment of the proceeds of a wreck by a receiver of wrecks, pursuant to this Part, the receiver is discharged from all liability in respect thereof, but the delivery or payment does not prejudice or affect any question that is raised by third parties concerning the wreck.
An order made pursuant to subsection (1) may be enforced in like manner as any order made in any action brought in the same court.
Whenever two or more persons claim any wreck or proceeds of a wreck of any value or amount in the possession of a receiver of wrecks, any court sitting and having jurisdiction in civil matters to the value or amount of the wreck or proceeds in question in the district of the receiver may, on the application of the receiver, or of any of those persons, summon such persons before it, and may hear and adjudicate on their claims, and make such order between the parties in respect thereof and of the costs of the proceedings as to the court seems fit.
A receiver of wrecks may delegate to any person any of the receiver’s powers, duties and functions under this Act, other than the power to hear and determine disputes respecting salvage.
Every person who wilfully impedes a receiver of wrecks, a person assisting a receiver of wrecks under subsection 428(1) or a person to whom any powers, duties or functions of a receiver of wrecks have been delegated under section 447.1 in the execution of any duty under this Act, or defaults in appearing or giving evidence before a receiver of wrecks, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.
The Governor in Council may make modifications of and exemptions from the provisions of the law, statutory and other, in its application to aircraft, to such extent and in such manner as appears necessary or expedient.
The owner of an aircraft is entitled to a reasonable reward for salvage services rendered by the aircraft to any property or persons in any case where the owner of the aircraft would be so entitled had it been a ship or vessel.
The law, statutory and other, including the provisions of this Part, relating to wrecks, to the salvage of life or property and to the duty or obligation to render assistance to ships or vessels in distress applies to aircraft on or over the sea or tidal waters and on and over the Great Lakes, as it applies to ships or vessels.
A copy of any reservation referred to in Article 30 of the Convention that Canada intends to make shall be published in the Canada Gazette at least ninety days before the proposed effective date of the reservation and a reasonable opportunity within those ninety days shall be afforded to interested persons to make representations to the Minister with respect to that reservation.
In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.
Subject to such reservations as Canada may make, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Schedule V, is approved and declared to have the force of law in Canada, from and after the day on which Canada deposits an instrument of ratification with the Secretary General of the International Maritime Organization.
Where the vessel, cargo, and apparel are destroyed or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Minister may, in his discretion, award to the salvor, out of any funds at his disposal for that purpose, such sum as he thinks fit in whole or part satisfaction of any amount of salvage so left unpaid.
Salvage in respect of the preservation of life when payable by the owners of the vessel shall be payable in priority to all other claims for salvage.
Where services are rendered wholly or in part within Canadian waters in saving life from any Canadian or foreign vessel, or elsewhere in saving life from any vessel registered in Canada, there shall be payable to the salvor by the owner of the vessel, cargo or apparel saved a reasonable amount of salvage, to be determined in case of dispute in the manner set out in this Part.
Compliance with subsection (1) by the master or person in charge of a vessel does not affect his right or the right of any other person to salvage.
The master or person in charge of a vessel shall, in so far as he can do so without serious danger to his own vessel, its crew and passengers, if any, render assistance to every person, even if that person is a subject of a foreign state at war with Her Majesty, who is found at sea and in danger of being lost, and if he fails to do so he is guilty of an offence and liable to a fine not exceeding one thousand dollars.
When, within Canadian waters or on or near the coasts thereof, any vessel is wrecked, abandoned, stranded or in distress, and services are rendered by any person in assisting the vessel or in saving any wreck, there shall be payable to the salvor by the owner of the vessel or wreck, as the case may be, a reasonable amount of salvage including expenses properly incurred.
Disputes respecting salvage, whether of life or property, shall be heard and determined by and before the receiver of wrecks or the Admiralty Court, as provided for respectively by this Part, and not otherwise.
Where in a dispute respecting salvage the amount claimed does not exceed one hundred dollars or the value of the property liable, or alleged to be liable, for the salvage does not exceed two hundred and fifty dollars, or where the parties consent in writing, the dispute shall be heard and determined by the receiver of wrecks for the district where the services were rendered or where the property liable is at the time of the making of the claim, and his award shall include fees and costs.
Any party who feels aggrieved by an award of the receiver of wrecks may appeal to the Minister, within thirty days after the decision of the receiver from which the appeal is made, and, in that case, the appellant shall, within seven days after the cause of appeal has arisen, give notice to the other party and to the receiver of his intention to appeal, and of the grounds of the appeal.
In cases other than those described in sections 454 and 455, a dispute respecting salvage may be heard and determined by the Admiralty Court.
Where, in any suit or proceeding for salvage in the Admiralty Court, the claimant recovers an amount less than the maximum amount that might be claimed before the receiver of wrecks, unless the court certifies that the suit or proceeding was unfit to be determined by the receiver, the claimant shall have no costs, charges or expenses incurred by him in the prosecution of his claim, and shall pay to the other party such costs, charges and expenses, if any, as the Court directs.
Every dispute respecting salvage that arises in Canada, when the services have been rendered in Canadian waters or on or near the coasts thereof, may be heard and determined, on the application either of the salvor or of the owner of the property liable to the claim for salvage, or when the property is in the custody of the receiver of wrecks, on his application, and, if no proceedings to determine any dispute respecting salvage have been taken by the salvor, the owner may make application to the receiver or the Admiralty Court, according to the value of the property liable.
There shall be paid in respect of a valuation such fee as the Minister directs.
Any copy of a valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver of wrecks, is admissible as evidence in any subsequent proceeding and is, for the purpose of giving jurisdiction in salvage, conclusive evidence of the value at the time of the valuation.
When any dispute respecting salvage arises in Canada, the receiver of wrecks for the district where the property liable is situated shall, on the application of either party in the dispute, appoint a valuer to value the property, and shall give copies of the valuation to both parties.
A receiver of wrecks may seize any property found within his district and alleged to be liable for salvage and detain the property until the salvage, fees and costs due thereon are ascertained and paid, process is issued for the arrest or detention thereof by the Admiralty Court or security is given to his satisfaction for the salvage, fees and costs.
Where property has not been valued, the value, for the purposes of this section, shall be determined by the receiver of wrecks or by a valuer appointed by him.
Where the value of the property exceeds two hundred and fifty dollars, any question respecting the amount of the security to be given or respecting the sufficiency of the sureties may be determined on the application either of the owner of the property or of the salvors or any of them, or of the receiver of wrecks, by the Admiralty Court.
Where the value of the property seized and detained by a receiver of wrecks pursuant to section 460 does not exceed two hundred and fifty dollars, any question respecting the amount of the security to be given or respecting the sufficiency of the sureties may be determined by the receiver of wrecks.
Security given for salvage pursuant to sections 460 and 461 may be enforced by the Admiralty Court in the same manner as if bail had been given in that Court, and whenever, under this Part, the determination of disputes respecting salvage is to be made by a receiver of wrecks, any such security may be enforced in that manner by that Court.
Whenever any dispute respecting salvage arises before a receiver of wrecks under this Part, the receiver shall hear and determine the dispute and if, after he has made and published his award, the salvage, fees and costs by him awarded to be paid are not paid within fourteen days, he may sell the property liable for the salvage, fees and costs or a sufficient part thereof, and, out of the proceeds, defray the expenses of the sale and the salvage, fees and costs awarded, and shall pay or deliver up the surplus, if any, to the owners of the property or other persons entitled thereto.
Where any dispute arises with respect to the apportionment of any amount of salvage among the owners, master, pilot, crew, and other persons in the services of any foreign vessel, the amount shall be apportioned by the Admiralty Court or person making the apportionment in accordance with the law of the country to which the vessel belongs.
The receiver of wrecks or the Admiralty Court shall receive and apportion the amount and grant to the person paying the amount a certificate of the amount paid and the services in respect of which it is paid, and the certificate is a full discharge and indemnity to that person and to all his property liable in respect of those services, against all persons, parties to or bound by the admission or agreement.
Where the amount has been finally ascertained by admission or agreement, but a dispute arises or is apprehended with respect to the apportionment thereof among several claimants, the person liable to pay the amount may pay the amount, if it exceeds one hundred dollars, into the Admiralty Court, or, if the amount does not exceed one hundred dollars, or if the claimants so agree, it may be paid to the receiver of wrecks.
by the Admiralty Court, when the amount has been determined by that Court, among the persons entitled thereto in such manner as the Court thinks just, and the Court may appoint any person to carry the apportionment into effect, compel any person in whose hands or under whose control the amount is to distribute the amount, or to bring it into the Court to be dealt with as the Court directs, and, for those purposes, issue such orders as the Court thinks fit.
by a receiver of wrecks, if the amount has been determined by him, among the persons entitled thereto, in such manner as he thinks just, subject to an appeal to the Minister by any person aggrieved; or
Whenever the aggregate amount of salvage payable in respect of any services has been finally determined, that amount may be apportioned and distributed
When any salvage, fees, charges or costs in relation to salvage are awarded or declared to be due by a receiver of wrecks and the property liable or the proceeds thereof is or are under arrest in a different suit in the Admiralty Court, the salvage, fees, charges and costs shall be enforced against the property or proceeds so under arrest, by the Admiralty Court.
This section applies to aircraft and the word “ship” includes aircraft, but with respect to claims by aircraft the consent referred to in this section may be the consent of the Minister of National Defence.
Where a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs.
Any document purporting to give the consent of the Governor in Council for the purpose of this section is evidence of that consent.
No claim for salvage services by the commander or crew, or part of the crew of a ship belonging to Her Majesty shall be finally adjudicated on, unless the consent of the Governor in Council to the prosecution of that claim is proved, which consent may be given at any time before final adjudication.
Where salvage services are rendered by a ship belonging to Her Majesty, other than a ship specially equipped with a salvage plant or a tug, or by the commander or crew thereof, no claim shall be allowed for any loss, damage or risk caused to the ship or its stores, tackle or furniture, or for the use of any stores or other articles belonging to Her Majesty, supplied in order to effect those services, or for any other expense or loss sustained by Her Majesty by reason of that service.
The salvor and the master or other person in charge of the vessel, cargo or property saved may, within twenty-four hours after arriving at the port, each deliver to the court or a consular officer, or in Canada shall deliver to the Admiralty Court, as the case may be, a statement on oath, specifying in so far as possible, and in so far as those particulars are applicable, the particulars set out in Part I of Schedule III, and also, in the case of the master or other person, his willingness to execute a bond in the form, in so far as circumstances will permit, set out in Part II of that Schedule.
Where salvage services are rendered at any place outside Canada or Canadian waters by the commander or any of the crew of a ship belonging to Her Majesty in saving any vessel, cargo or property belonging to a vessel, the vessel, cargo or property alleged to be saved shall, if the salvor is justified by the circumstances of the case in detaining it, be taken to some port in Canada or in some other part of the Commonwealth and Dependent Territories where there is a court having Admiralty jurisdiction or a consular officer.
where security has been given for the performance of a bond, the persons, if any, with whom the security is lodged shall deal with the security as the Admiralty Court directs.
the bond shall be adjudicated on and enforced in the Admiralty Court; and
the bond binds the respective owners of the vessel, cargo and freight, and their heirs, executors and administrators for the salvage adjudged to be payable in respect of the vessel, cargo and freight respectively;
the Admiralty Court on fixing the sum to be inserted in the bond shall send notice thereof to the salvor and master, and on the execution of the bond by the master in the sum fixed in the presence of a judge, who shall attest the same, on delivery thereof to the salvor, and in cases where security is to be lodged, on that security being duly lodged, the right of the salvor to detain the vessel, cargo or property shall cease;
Where the proceedings are in Canada,
Nothing in this section authorizes the Admiralty Court to require the cargo of any ship to be unladen.
the Admiralty Court shall fix the amount of the bond within four days after the receipt of the statements required by this Part, but if either of those statements is not delivered within the time required by this Part, it may proceed ex parte.
if the vessel, cargo or property in respect of which salvage has been rendered is not owned by persons domiciled in a Commonwealth country, the master shall procure such security for the due performance of the bond as the Admiralty Court thinks sufficient to be lodged with that Court as it may direct; and
the bond shall be in such sum as the Admiralty Court thinks sufficient to answer the demand for salvage service, but the sum fixed shall not exceed one-half of the amount that, in the opinion of the Court, is the value of the property in respect of which salvage has been rendered;
Where the proceedings described in section 467 are in Canada,
Where the proceedings described in section 467 are not in Canada, they may, notwithstanding the interest of Her Majesty in right of Canada in the salving ship, proceed according to the law of the Commonwealth country where those proceedings were instituted, but any salvage bond or security given on the release of the ship from detention shall be forthwith transmitted to the Federal Court, at Ottawa, and that Court has jurisdiction to enforce any bond or security given in any Commonwealth country.
Nothing in this Part affects the right of the salvor, where salvage services have been rendered by a ship belonging to Her Majesty or by the commander or any of the crew thereof, in any case that is not provided for in this Part.
Nothing in this Part prejudices the right of the salvor, where salvage services have been rendered by a ship belonging to Her Majesty or by the commander or any of the crew thereof, to proceed for the enforcement of the salvage claim otherwise than in the manner provided by this Act, but the salvor has no right to detain the vessel, cargo or property saved, unless he elects to proceed under this Part.
The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during the period been any reasonable opportunity of arresting the defendant’s vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his principal place of business, extend the period to an extent sufficient to give such reasonable opportunity.
No action is maintainable in respect of any salvage services, unless proceedings therein are commenced within two years from the date when the salvage services were rendered.
The Minister of National Revenue may permit all goods saved from any vessel stranded or wrecked within the limits of Canada on its inward voyage to be forwarded to the port of its original destination, and all goods saved from any ship stranded or wrecked within the limits of Canada on its outward voyage to be returned to the port at which the goods were shipped, taking such security for the due protection of the revenue in respect of such goods as he thinks proper.
The receiver of wrecks, in addition to all other rights and remedies for the recovery of expenses or fees, has the same rights and remedies that a salvor has in respect of salvage due to him, and may, if the property in respect of which any of those expenses or fees are due is not under arrest in any court, seize or detain that property until those expenses and fees are paid, or until security is given for them to his satisfaction.
There shall be paid to every receiver of wrecks the expenses properly incurred by him in the performance of his duties, and in respect of the matters specified in Form 5 in Schedule IV, such fees set out in that Form as are directed by the Governor in Council.
Whenever any dispute arises in any part of Canada respecting the amount payable to any receiver of wrecks in respect of expenses or fees, the dispute shall be determined by the Minister, whose decision is final.
All fees received by any receiver of wrecks in respect of any of the matters specified in Form 5 in Schedule IV may be retained by him for his own remuneration.
A shipping casualty shall be deemed to occur
when any ship is lost or supposed to have been lost, and any evidence is obtainable in Canada respecting the circumstances under which the ship proceeded to sea or was last heard of.
when any loss of life occurs by reason of any casualty happening to or on board any boat belonging to a fishing vessel or other vessel registered or licensed in Canada; and
when any such loss, abandonment, stranding, damage or casualty happens elsewhere, and any competent witness thereof arrives or is found at any place in Canada;
when, by reason of any casualty happening to or on board any ship in Canadian waters, loss of life ensues;
when any ship causes loss or damage to any other ship in Canadian waters;
when any ship is lost, abandoned, stranded or damaged in Canadian waters, or on a voyage to or from a port in Canada;
For the purposes of investigating the cause of any accident on a ship, any person appointed under subsection (1) has the powers set out in section 481.
The Minister may order an investigation to be made by any person or persons appointed for that purpose into the cause of any accident on any ship, whether attended with loss of life or not, subject to the Canadian Transportation Accident Investigation and Safety Board Act.
Every person who contravenes any regulation made under this section is guilty of an offence punishable on summary conviction.
prescribing the information to be included in any report referred to in paragraph (a), (b) or (c) and the form of that report.
respecting the reporting of deaths on and the disappearance of persons from ships in Canadian waters or Canadian ships in any waters; and
respecting the reporting of accidents or dangerous occurrences happening to or on board ships in Canadian waters and Canadian ships in any waters, whether attended with loss of life or not;
respecting the reporting of shipping casualties by ships in Canadian waters and Canadian ships in any waters;
The Governor in Council may make regulations
Any person belonging to the ship that is or has been in distress in Canadian waters, or capable of giving an account as described in subsection (1), who, on being examined, refuses to answer any pertinent question under this section that is put to him on examination pursuant to this section is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding two hundred dollars.
The person holding the examination has, for the purposes thereof, the power to administer the oath and all the powers of a steamship inspector under this Act.
The person holding the examination shall take it down in writing, and shall send a copy thereof to the Minister.
such other matters or circumstances relating to the ship, or to the cargo on board the ship, as the person holding the examination thinks necessary.
the services rendered; and
the occasion of the distress of the ship;
the ports from and to which the ship was bound;
the names of the owners of the cargo;
the name of the master and of the owners;
the name and description of the ship;
Where any ship, British or foreign, is or has been in distress in Canadian waters, a receiver of wrecks or, at the request of the Minister, a wreck commissioner or deputy approved by the Minister, or, in the absence of those persons, a justice of the peace, shall, as soon as conveniently may be, examine on oath any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof with respect to the following matters:
The term of suspension shall not exceed a period of three days, unless the Minister notifies the pilot within that time that a formal investigation will be held.
Where, on a preliminary inquiry respecting a shipping casualty, the officer or person holding the inquiry is of the opinion that any loss or damage, or the stranding of any ship, or any loss of life has been caused by the wrongful act or default or by the incapacity of the pilot in charge, or that the pilot has been guilty of any gross act of misconduct or drunkenness, the licence of the pilot may be suspended by that officer or person until a formal investigation under this Part has been held and a further decision rendered on the case.
The Minister may appoint a chief officer of customs, any officer of the Government of Canada or any other person to make preliminary inquiries respecting shipping casualties, and may define the territorial jurisdiction of that officer or person, and the persons so appointed shall make a preliminary inquiry respecting a shipping casualty wherever so directed by the Minister, subject to the Canadian Transportation Accident Investigation and Safety Board Act.
Subject to section 481.1, every officer or person referred to in section 480 may, for the purpose of holding a preliminary inquiry respecting a shipping casualty,
administer oaths, or, in lieu of requiring and administering an oath, require every person examined by him to make and subscribe a solemn affirmation or declaration of the truth of the statement made by him in his examination.
require and enforce the production of all books, papers or documents that he considers important for the purpose of the inquiry; and
require by summons under his hand the attendance of all such persons as he thinks fit to call before him and examine for the purpose of the inquiry, and require answers or returns to any inquiries he thinks fit to make;
enter and inspect any premises, the entry and inspection of which appear to him requisite for the purpose of the inquiry;
go on board any vessel or wreck and inspect it or any part thereof, or any of the machinery, boats, equipments, lading or articles on board thereof, the boarding or inspection of which appears to him to be requisite for the purpose of the inquiry, not unnecessarily detaining the vessel from proceeding on any voyage;
In executing a warrant issued under subsection (2), the officer or person referred to in section 480 named therein shall not use force unless the officer or person is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,
that entry to a dwelling-house is requisite for the purpose of an inquiry, and
Where on ex parte application a justice of the peace is satisfied by information on oath
Where any vessel or premises referred to in section 481 is a dwelling-house, an officer or person referred to in section 480 may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2).
On the conclusion of any inquiry, the officer or person who made the inquiry shall send to the Minister a report containing a full statement of the case, and of his opinion thereon, accompanied by such report of or extracts from the evidence and such observations as he thinks fit.
Subsection (3) does not apply in the case of a shipping casualty that occurs on or near the coast of Canada or in respect of a ship wholly engaged in the coasting trade of Canada.
The Minister shall not direct the holding of a formal investigation in respect of any shipping casualty occurring to or in respect of a ship registered in any Commonwealth country other than Canada except at the request, or with the consent, of the government of that country in which the ship is registered.
Where the Minister considers any shipping casualty to be of extreme gravity and special importance, the Minister may appoint two or more fit persons to be commissioners to hold a formal investigation, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and the commissioners so appointed are for that purpose a court and that court shall, in addition to its judgment, make a full and detailed report to the Minister on the circumstances of the case, and may make such recommendations as may in its opinion be proper.
The Minister may appoint any officer of the Government of Canada, any judge of any court of record, any deputy judge of the Federal Court or any provincial court judge to be a commissioner to hold formal investigations, or any formal investigation in respect of any shipping casualty, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and a commissioner shall for that purpose be a court.
An investigation into a shipping casualty shall not be held under this Part into any matter that has once been the subject of an investigation or inquiry and has been reported on by a competent court or tribunal in any Commonwealth country, or with respect to which the certificate of a master, mate, pilot or engineer has been cancelled or suspended by a naval court.
A court appointed pursuant to section 483 is authorized to hold a formal investigation if the investigation is ordered by the Minister in the following cases:
where the Minister believes on reasonable grounds that any master, mate, pilot or engineer is from any cause unfit to discharge or incapable of discharging his duties.
to give to the master or person in charge of the other vessel the name of his own vessel, the port to which he belongs and the names of the ports from which he comes and to which he is bound; and
to stay by the vessel until he has ascertained that the vessel has no need of further assistance, and
to render to the other vessel, its master, crew and passengers, such assistance as is practicable and necessary to save them from any danger caused by the collision,
where, in the case of a collision, the master or certificated officer or pilot in charge of a vessel fails, without reasonable cause,
where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving on board a British ship is found in Canada;
where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving as an officer on board a Canadian ship;
where a master, mate, pilot or engineer has been charged with incompetency, misconduct or default while serving on board any British ship in Canadian waters or in the course of a voyage to a port in Canada;
a shipping casualty;
It is not necessary to hold a preliminary inquiry before a formal investigation is held.
There shall be paid to every assessor the expenses properly incurred by him in the performance of his duties and such fees for services as are determined by the Minister.
An assessor is eligible for re-appointment, and the Minister may at any time cancel the appointment of an assessor.
The Minister may appoint one or more assessors of nautical, engineering or other special skill or knowledge for the purpose of assisting courts appointed pursuant to section 483 in holding formal investigations into shipping casualties, and the appointments shall be in force for three years.
The assessors selected under subsection (1) shall have nautical, engineering or special skill in the matter to be inquired into.
A court holding a formal investigation into a shipping casualty shall hold it with two or more assessors to be selected for that purpose by the Minister.
Every commissioner and assessor, before entering on his duties, shall take and subscribe the following oath:
Formal investigations shall be held in a town hall, county court house or public building, or in some other suitable place to be determined by the court.
If any person summoned by the court and paid or tendered his proper expenses of attendance does not, without reasonable cause, obey the summons, or having attended, refuses to give evidence or to produce such documents and things as the court deems requisite, he is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding forty dollars.
The proceedings of the court shall be assimilated as far as possible to those of the ordinary courts of justice, with the like publicity.
A court holding a formal investigation under this Part has the power of summoning before it any person and of requiring him to give evidence on oath, either orally or in writing, and to produce such documents and things as the court deems requisite to the full investigation of the matters into which it is appointed to examine, and it has the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of justice in civil cases.
In case of any dispute with respect to the amount of expenses, the dispute shall be referred by the officer or person holding the inquiry to the nearest prothonotary, clerk, master or other taxing officer of any court of record within the jurisdiction of which the attendance is required, who, on a request made to him for that purpose under the hand of that officer or person, shall ascertain and certify the proper amount of those expenses.
Every witness attending at a preliminary inquiry or at a formal investigation under this Part shall be allowed such fees and expenses as would be allowed to any witness attending on subpoena to give evidence before the Federal Court.
Each assessor who does not concur in and sign the finding of the court shall state in writing his dissent therefrom and the reasons for that dissent.
A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate.
The court shall in all cases send a full report on the case with the evidence to the Minister, and, if it determines to cancel or suspend any certificate, send the cancelled or suspended certificate to the Minister with its report.
Where any case before a court described in subsection (1) involves a question with respect to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court its decision with respect to the cancelling or suspending of the certificate.
Any penalty incurred under this section may be recovered in the name of Her Majesty in a summary manner with costs under the provisions of the Criminal Code relating to summary convictions.
The court may, instead of cancelling or suspending the licence of a pilot, penalize that pilot in any sum of not more than four hundred dollars and not less than fifty dollars, and may make an order for the payment of the penalty by instalments or otherwise, as it deems expedient.
The provisions of this Part relating to the manner in which the certificates of a master, mate or engineer shall be dealt with extend, in so far as they are applicable, to pilots’ licences, which are subject to cancellation or suspension in the same manner as those certificates are subject to cancellation or suspension under this Part.
by any naval or other court where under the powers given by this Part, the holder of the certificate is superseded or removed by that court.
by a court holding an inquiry under Part II or under this Part into the conduct of a master, mate or engineer, if it finds that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under Part IX; or
by a court holding a formal investigation into a shipping casualty under this Part, or by a naval court constituted under this Act, if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default, but the court shall not cancel or suspend a certificate unless at least one of the assessors concurs in the finding of the court;
The certificate of a master, mate or engineer, or the licence of a pilot, may be cancelled or suspended
Any court holding a formal investigation under this Part may cancel or suspend a certificate of competency or service granted by another Commonwealth country in so far only as concerns its validity within Canada.
The Minister may, if in any case he thinks fit to do so, pay the costs of any inquiry or formal investigation.
Any court holding a formal investigation under this Part may make such order as it thinks fit respecting the costs of an investigation, the re-hearing thereof or any part of an investigation or re-hearing, and the order shall be enforced by the court as an order for costs under the provisions of the Criminal Code relating to summary convictions.
Any master, mate, pilot or engineer who fails, without reasonable cause, to deliver his certificate to the court when called on by the court is guilty of an offence and liable to a fine not exceeding two hundred dollars.
A court holding a formal investigation under this Part may at any time, either during or after the investigation, call on any master, mate, pilot or engineer to deliver his certificate or licence to the court.
A court that has held a formal investigation under this Part shall, on application being made therefor, furnish free of charge to any master, mate, pilot or engineer whose certificate has been cancelled or suspended, or to his agent, a copy of the judgment of the court.
A court that has held a formal investigation under this Part shall in all cases send the judgment in the case with the evidence to the Minister and if it determines to cancel or suspend any certificate, and the certificate has been delivered to the court, the certificate shall also be sent to the Minister.
The Minister shall, if the certificate or licence referred to in section 498
has been issued in any Commonwealth country other than Canada, send it, together with a full report on the case and a copy of the evidence, to the government of that country.
has been issued in Canada, retain it; or
Where a certificate of competency or service granted in Canada has been cancelled or suspended by any court holding a formal investigation into any shipping casualty in any other Commonwealth country, the Minister may adopt and carry out that cancellation or suspension and demand the delivery up to him of that certificate of competency or service.
No proceeding or judgment of a court in or on any formal investigation shall be quashed or set aside for any want of form or removed by certiorari or otherwise into any court, and no writ of prohibition shall issue to any court constituted under this Act in respect of any proceeding or judgment in or on any formal investigation.
Any re-hearing or appeal under this section is subject to and is to be conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part.
Where on any investigation a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate or engineer, or the licence of a pilot, and an application for a re-hearing under this section has not been made or has been refused, an appeal lies from the decision to the Admiralty Court.
The Minister may order the case to be re-heard by the court by which the case was heard in the first instance, or may appoint another commissioner and select the same or other assessors to re-hear the case.
if, for any other reason, there has been in his opinion ground for suspecting that a miscarriage of justice has occurred.
if new and important evidence that could not be produced at the investigation has been discovered; or
In any case where a formal investigation has been held, the Minister may order the investigation to be re-heard, either generally or with respect to any part thereof, and he shall so order
The Minister shall not order a re-hearing in Canada in connection with a shipping casualty in respect of which a formal investigation has been held in any other Commonwealth country.
The Governor in Council may make rules for carrying into effect the enactments relating to preliminary inquiries and formal investigations and to the re-hearing of or appeal from any formal investigation, and, with respect to the appointment and summoning of assessors, the procedure, the parties, the persons allowed to appear and the notice to the parties or to persons affected.
Where the inquiry is held by a judge of the Admiralty Court, the inquiry shall be conducted and the results reported in the same manner, and the court has the like powers, as in the case of a formal investigation into a shipping casualty under this Part.
shall send a report on the case to the Minister.
may make such order with regard to the costs of the inquiry as he thinks just; and
shall give any master, mate or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon him to appear;
has all the powers of a steamship inspector under this Act;
shall hold the inquiry with the assistance of a competent legal assistant appointed by the Minister;
Where the inquiry is held by a person appointed by the Minister, that person
The Minister may either himself appoint a person to hold the inquiry or may direct the inquiry to be held before a judge of the Admiralty Court.
while on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act, had knowledge of the contravention at the time it occurred.
has failed to render any assistance or give any information that is required under sections 568 and 569; or
is unfit to discharge their duties because of incompetency or misconduct;
The Minister may cause an inquiry to be held if the Minister believes on reasonable grounds that any master, mate or engineer
Where on any inquiry held pursuant to section 504 the Minister is satisfied
that the master or mate, in cases of collision between his vessel and another vessel, has failed without reasonable cause to comply with the requirements of section 568 with regard to rendering assistance or to giving information,
that any master, mate or engineer has been guilty of a criminal offence or has been blamed by any coroner’s inquest in respect of the death of any person, or
that the loss or abandonment of or serious damage to any ship or any loss of life was caused by the wrongful act or default of any master, mate or engineer,
that any master, mate or engineer on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act knew, at the time that the contravention occurred, that the vessel was committing the contravention,
that any master, mate or engineer is incompetent or has been guilty of any act of misconduct, drunkenness or tyranny,
A court, in this Act called a “naval court”, may be summoned by any officer in command of any ship belonging to Her Majesty, on any foreign station, or, in the absence of such an officer, by any consular officer, in the following cases:
whenever any Canadian ship is wrecked, abandoned or otherwise lost at or near the place where that officer may be, or whenever the crew or part of the crew of a Canadian ship that has been wrecked, abandoned or lost abroad arrive at that place.
whenever the interest of the owner of any Canadian ship or of the cargo thereof appears to that officer to require it; and
whenever a complaint that appears to that officer to require immediate investigation is made to him by the master of any Canadian ship, by a certified mate or by any one or more of the seamen belonging to the ship;
A naval court that is summoned to sit pursuant to section 506 may proceed pursuant to sections 508 to 515 which, with section 506, apply in any event to all naval courts summoned to sit on board any ship belonging to Her Majesty in right of Canada.
Whenever a naval court is summoned pursuant to section 506 to sit at a place in a Commonwealth country other than in Canada or on board a ship belonging to Her Majesty in right other than in right of Canada, the court is hereby authorized to proceed, with relation to Canadian ships and with relation to their owners, masters, mates, engineers and crews, in all respects according to the law of the place in which or the ship on board which the court is sitting, and that law shall, when so applied to Canadian ships and their owners, masters, mates, engineers and crews, bind them as if it were the law of Canada.
The naval or consular officer in the court, if there is only one such officer, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of the court.
A naval court shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of Her Majesty in right of any Commonwealth country not below the rank of lieutenant, one a consular officer and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty in that right, masters of British merchant ships or British merchants, and the court may include the officer that summons the court, but shall not include the master or consignee of the ship to which the parties complaining or complained against belong.
A naval court may, for the purpose of the hearing and investigation, administer oaths, summon parties and witnesses, and compel their attendance and the production of documents.
A naval court shall hear the complaint or other matter brought before it under this Act, or investigate the cause of the wreck, abandonment or loss of any ship, and shall do so in such manner as to give every person against whom any complaint or charge is made an opportunity of making a defence.
All orders made by any naval court shall, whenever practicable, be entered in the official log-book of the ship to which the parties to the proceedings before the court belong, and shall be signed by the president of the court.
All orders duly made by a naval court under the powers hereby given to it are, in any subsequent legal proceedings, conclusive with respect to the rights of the parties.
the court may order the costs of the proceedings before them, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby, and any costs or compensation so ordered to be paid shall be paid by that person accordingly, and may be recovered in the same manner in which the wages of the seamen are recoverable, or may, if the case admits, be deducted from the wages due to that person.
the court may, if it appears expedient, order a survey of any ship that is the subject of investigation to be made, and the survey shall accordingly be made in the same way, and the surveyor who makes the survey has the same powers, as if the survey had been directed by a competent court pursuant to section 391; and
copies of all sentences passed by any naval court summoned to hear the complaint shall be sent to the commander-in-chief or senior naval officer of the station;
where an offender is sentenced to imprisonment, the senior naval or consular officer present at the place where the court is held shall in writing confirm the sentence and approve the place of imprisonment, whether on land or on board ship, as a proper place for the purpose, and
the court may punish any master of a ship or any of the crew of a ship respecting whose conduct a complaint is brought before it for any offence under this Act that, when committed by that master or member of the crew, is punishable on summary conviction, and has for that purpose the same powers as a court of summary jurisdiction would have if the case were tried in Canada, but
the court may exercise the same powers with regard to persons charged before it with the commission of offences at sea or abroad as consular officers may exercise under section 615;
the court may direct that all or any of the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance while so imprisoned, shall be paid out of and deducted from the wages of that seaman or apprentice, whether then or subsequently earned;
the court may decide any questions with respect to wages, fines or forfeitures arising between any of the parties to the proceedings;
the court may order the wages of a seaman so discharged or any part of those wages to be forfeited, and may direct the wages either to be retained by way of compensation to the owner or to be paid to the Minister to form part of the Consolidated Revenue Fund in the same manner as fines under this Act;
the court may discharge a seaman from his ship;
the court may, in cases in which it is authorized by this Act and subject to this Act, cancel or suspend the certificate of any master, mate or engineer;
the court may, if unanimous that the safety of the ship or crew or the interest of the owner absolutely requires it, remove the master and appoint another person to act in his stead, but no such appointment shall be made without the consent of the consignee of the ship if the consignee is at the place where the case is heard;
Every naval court may, after hearing and investigating a case, exercise the following powers:
Every report shall be signed by the president of the court, and is admissible in evidence in the manner provided by this Act.
if summoned to inquire into a case of wreck or abandonment, a statement of the opinion of the court respecting the cause of that wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require.
an account of the wages of any seaman or apprentice who is discharged from his ship by the court; and
a statement of the proceedings of the court, together with the order made by the court, and a report of the evidence;
Every naval court shall, in respect of any Canadian ship, make a report to the Minister containing the following particulars:
Every person who wilfully and without due cause prevents or obstructs the making of any complaint to an officer empowered to summon a naval court, or the conduct of any hearing or investigation by any naval court, is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any period not exceeding three months.
For the purposes of sections 506 to 512, an unregistered ship owned by a British subject domiciled in Canada shall be deemed to have been registered in Canada.
Sections 506 to 512 apply to all sea-going Canadian ships with the exception of fishing boats exclusively employed in fishing on the coasts of Canada when those ships are out of the jurisdiction of the Government of Canada and, where they apply to a ship, apply to the owners, master and crew of that ship.
Any master of a ship to whose charge an offender is committed under this section shall, on his ship’s arrival in Canada, give the offender into the custody of a police officer or constable, and the offender shall be dealt with as if he had been convicted and sentenced to imprisonment by a court of competent jurisdiction in Canada.
The powers of a naval court under section 510 include the power to send to Canada an offender sentenced by the court to punishment for the purpose of being there imprisoned, and the court may take the same steps, and for the purpose has the same powers, with respect to the orders that may be given to masters of ships, as a consular officer has for the purpose of sending an offender for trial under section 615 and subsections (2), (3), (5) and (6) of that section apply with such modifications as the circumstances require.
Subsection 510(2) does not have effect with respect to any order of a naval court that is quashed on an appeal under this section and, where an order of a naval court is varied on appeal, applies as if the order as so varied were the order originally made by the naval court.
Any person aggrieved by an order of a naval court ordering the forfeiture of wages, or by a decision of a naval court on a question respecting wages, fines or forfeitures, may appeal to the Admiralty Court, in such manner and subject to such conditions and provisions as may be provided by the rules of that Court, and on an appeal the Court may confirm, quash or vary the order or decision appealed against as it thinks just.
The court may make such order and require such security in respect of the costs of the matter as the court thinks fit.
The court may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within the jurisdiction of the court, an appointment under this subsection shall not be made without the consent of that owner, agent or consignee.
The removal may be made on the application of any owner of the ship or his agent, of the consignee of the ship, of any certificated mate or of one-third or more of the crew of the ship.
In Canada, the Admiralty Court, and elsewhere in the Commonwealth countries any court having admiralty jurisdiction, may remove the master of any Canadian ship while within the jurisdiction of that court, if that removal is shown to the satisfaction of the court by evidence on oath to be necessary.
All lighthouses, lightships, floating and other lights, lanterns and other signals, buoys and beacons, radio aids to marine navigation, anchors and landmarks acquired, constructed, repaired, maintained, improved, erected, placed or laid down for the greater security and facility of navigation at the expense of any province before it became a part of Canada, or at the expense of the Government of Canada, together with all buildings and other works belonging thereto and in connection therewith, are vested in Her Majesty, and are under the direct control and management of the Minister.
There may be appointed in the manner authorized by law such keepers, superintendents and other officers as are necessary for the purposes of this Part.
The Governor in Council may make regulations
prescribing the fines for any contravention of such regulations, but no fine shall exceed two hundred dollars.
for the government of Sable Island and St. Paul Island, for defining the duties of the resident keepers thereon, for administering relief to shipwrecked persons and their removal, for preserving and removing shipwrecked property, for preventing persons not authorized by the Minister from taking up residence thereon and for the general management of the islands; and
for the proper lighting and keeping of lighthouses, lightships, floating and other lights, lanterns and other signals and aids to navigation;
for the maintenance of buoys, beacons, anchors and marks vested in Her Majesty;
The Minister may give to any person a licence that authorizes that person to reside on Sable Island or St. Paul Island, which licence shall describe the person in whose favour it is so issued.
The superintendent, a resident keeper, any officer of the Department or any other person acting under the authority of the Minister may apprehend any person residing on Sable Island or St. Paul Island, having voluntarily gone there for any purpose whatever without a licence from the Minister, and bring the person and all property found in his possession to Halifax, and any provincial court judge or two justices of the peace, on proof that the person was so found, may commit him to the common jail for not more than six months, and further thereafter, until he gives security for his future good behaviour.
Whatever property is found on Sable Island or St. Paul Island belonging to an offender referred to in section 521 may be sold by order of the provincial court judge or justices, and the proceeds thereof shall be applied to pay the expense of the removal of the offender and goods, and the residue, if any, returned to the owner, but any such property not sold by order of the provincial court judge or justices shall be deemed to be wreck and shall be dealt with as provided by Part VI.
When vessels or goods are stranded on Sable Island or St. Paul Island, or on any of the bars or coasts thereof, and those vessels or goods or any part thereof are saved by the superintendent, by any other officer of the Department or by any person under the authority of the Minister, those vessels or goods may be taken in charge by the superintendent or keeper, and unless the Minister otherwise directs, may be sent to Halifax, to be disposed of under the direction of the Minister, for the benefit of the owners, after payment of such salvage as the Minister directs to the establishment of Sable Island or St. Paul Island, as the case may be, and all other expenses incurred with respect to those vessels or goods.
The goods referred to in subsection (1) are liable to customs duties.
All goods saved as described in section 523 shall be held to be in possession of the Minister, and shall not, on any pretence, be taken out of the custody of the superintendent or keeper, or of any persons employed by either of them, except by order of the Minister, nor until payment of the salvage and expenses.
Subject to section 521, in all proceedings in any court, Sable Island shall be held to be within the County of Halifax and St. Paul Island to be within the County of Victoria, in the Province of Nova Scotia, and any person charged with committing any offence on those Islands, or on the shores, banks or bars thereof, may be proceeded against and tried as if those Islands were actually within those counties respectively.
This Part does not apply to the harbour of Quebec or Montreal.
The Minister may designate one or more port wardens for any port or any district.
The Minister may enter into an agreement with any corporation or organization under which
the Minister agrees to designate as port wardens the nominees of that corporation or organization on condition that the nominee is, in the Minister’s opinion, qualified to be so designated.
the corporation or organization agrees to provide such port warden services as are specified in the agreement; and
Where a port warden is a member of the federal public administration, all fees received by him under this Part shall be paid to the Receiver General and credited to the Consolidated Revenue Fund.
In respect of his functions as port warden, a port warden shall receive no fees other than those fixed under subsection (1).
The fees to be charged by port wardens in respect of their functions under this Part shall be fixed by the Governor in Council.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 65]
Any regulations made under subsection (1) may provide for fines, their recovery, enforcement and disposition, including enforcement by imprisonment for non-payment thereof, but no fine shall exceed for any one offence one thousand dollars nor shall any imprisonment for non-payment of any one fine exceed a term of three months.
When any ship arrives at any port in Canada with a grain cargo or deck cargo, any port warden or customs officer may proceed on board and, when practicable, examine into the manner in which the cargo was stowed, and every person in charge of the ship at the time of the examination shall render the port warden or officer the assistance he asks to enable him to make the examination.
The Governor in Council may make regulations prescribing the manner in which grain cargoes and deck cargoes may be carried on any Canadian ship, or on any ship not registered in Canada that is within any port in Canada.
A port warden shall, at his own expense, where he is not a member of the federal public administration, keep an office during the season of navigation, and shall have a seal of office and the necessary books in which all his acts as port warden shall be recorded together with the fee charged by him, which books shall be open for public inspection.
A port warden shall, at the request of any person interested, proceed in person on board any ship for the purpose of examining the condition and stowage of its cargo, and, if there are any goods damaged on board the ship, he shall inquire into, examine and ascertain the cause of the damage, make a memorandum thereof and enter the memorandum in full on the books of his office.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 68]
A port warden shall, when required, proceed to any ship, warehouse, dwelling or wharf and examine any merchandise, vessel, material, produce or other property said to have been damaged on board the ship, and inquire into, examine and ascertain the cause of the damage, make a memorandum thereof and of the property, and record, in his books, a full and correct statement thereof.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 69]
Before beginning to load any chamber or compartment in any ship, the port warden shall see that all the requirements of the regulations for the loading and carriage of grain cargoes are complied with, and issue a certificate accordingly.
The master or agent of any ship intending to load grain consigned to any place outside Canada and not being a place within the limits of an inland voyage shall, before loading the grain, notify a port warden, who shall proceed on board and ascertain whether the ship is in a fit condition to carry the proposed cargo, the result of the survey to be recorded in his books, together with a statement covering the requirements that may be necessary to comply with the Regulations governing the Loading and Carriage of Grain Cargoes.
The master or agent of any ship intending to load a timber deck cargo consigned to any place outside Canada and not being a place within the limits of an inland voyage shall, before commencing to load, notify a port warden, who shall supervise the loading and on completion issue a certificate that the regulations in this respect have been complied with, and record all particulars in his book relative to stowage, quantities of cargo on deck and below, method of securing, height of deck loads at wings and crown on forward and after decks, with amount of water ballast carried and draft of water with corresponding freeboard.
The master or agent of any ship intending to load concentrates consigned to any place outside Canada and not being a place within the limits of an inland voyage shall make application to a port warden, who shall survey and approve stowage according to approved practice, when the quantity of concentrates proposed to be carried exceeds eighteen per cent of the total cargo-carrying capacity of the ship, and the port warden shall enter in his books a statement showing the manner of stowage and securing, and issue a certificate accordingly.
This Part does not apply to ships carrying grain when in bags unless the quantity loaded is in excess of one-third of the dead weight carrying capacity of those ships.
A port warden’s certificate that dunnage has been used or separations made is evidence of the good stowage of the cargo in so far as those facts are concerned.
A port warden shall, when required, decide what dunnage is necessary, and what separations are to be made between cargoes.
Where the ship is found fit, the port warden shall give a certificate accordingly and where it is found unfit, the port warden shall withhold the certificate and notify the master or agent of the ship, detailing his requirements in accordance with regulations and approved practice.
The master of any ship that is either wholly or partly laden with grain, except as provided in section 541, with a timber deck cargo or with concentrates, when the amount of concentrates carried exceeds eighteen per cent of the total dead weight carrying capacity of the ship, consigned to any place outside Canada and not being a place within the limits of an inland voyage, shall, before proceeding on a voyage or clearing at the custom-house, notify a port warden, who shall then proceed on board the ship and examine whether it is in a fit state to proceed to sea.
Where the master refuses or neglects to fulfil the requirements referred to in subsection 543(2), the port warden shall notify the chief officer of customs at the port in order that no clearance may be granted for the ship until the requirements are fulfilled and a certificate to that effect is granted by the port warden.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 71]
No officer of customs shall grant a clearance to any ship that is wholly or partly laden with grain, except as provided in section 541, with a timber deck cargo or with concentrates, within the meaning of section 540, consigned to any place outside Canada and not being a place within the limits of an inland voyage, unless the master of the ship produces to him a certificate signed by the port warden that the Regulations for the Loading and Carriage of Grain Cargoes, or Timber Deck Loads, as the case may be, have been complied with, or that concentrates have been loaded and secured according to approved practice.
Where any ship that is wholly or partly laden with grain, with a timber deck cargo or with concentrates, within the meaning of section 540, attempts to leave for any place not being a place within the limits of an inland voyage without a clearance, any officer of customs, or any person acting under the direction of the Minister, may detain the ship until such certificate is produced to him.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 72]
A port warden, when required in writing by all interested parties, shall hear and arbitrate on any difficulty or matter in dispute between the master or charterer of any vessel and any proprietor, shipper or consignee of the cargo, and shall keep a record of the proceedings.
All notices, requests or requirements, to or from the port warden, shall be given in writing a reasonable time before action is required or taken.
Before proceeding to act in any case in the performance of his duties, a port warden shall give reasonable notice, when practicable, to all parties interested or concerned in the case.
Section 307 applies, with such modifications as the circumstances require, to matters in dispute arising under this Part between the owner of a ship, or any other interested party, and a port warden.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 73]
A port warden or, where there is an agreement under section 528, the corporation or organization in question shall submit to the Minister by March 31 in each year a report relating to the previous calendar year, in such form as the Minister directs, of services provided and of receipts and expenses related thereto.
The Governor in Council may make rules and regulations prescribing the manner in which a port warden shall perform his duties, and giving him such additional duties as the Governor in Council may see fit, and the Chamber of Shipping or the council of the Board of Trade or Chamber of Commerce may make suggestions to the Governor in Council with respect to any of those other duties, or any modification of the duties in this Part assigned to the port warden for the port or district, and those other duties may be assigned or such modification made by the Governor in Council accordingly.
At the request of any person interested, a port warden shall furnish certificates in writing, under his hand, of any matters of record in his office, and he shall also furnish, when required, copies of any entries in his books or documents filed in his office, on payment of a reasonable fee.
All certificates issued under the hand of a port warden and sealed with the seal of his office, referring to matters recorded in his books, are evidence of the existence and contents of the record in any court of justice.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 75]
If any master or person in charge of any ship prior to the final departure of the ship from a place in Canada, or after the arrival of the ship at its port of discharge in Canada, having on board a cargo that by its nature would constitute a danger if improperly stowed, prevents or attempts to prevent any port warden or officer of customs from proceeding on board or from examining into the manner in which the cargo is stowed, or fails or refuses to render to that officer all reasonable assistance, he is guilty of an offence and liable to a fine not exceeding two hundred dollars.
For any breach of the regulations for the loading and carriage of cargo or for the neglect of taking all reasonable precautions incidental to the proper stowage of cargo, the master, owner or agent of the ship responsible for the breach or neglect is guilty of an offence and liable to a fine not exceeding one thousand dollars.
Every master of a ship who fails to notify the port warden as required by this Part, and every port warden who, on notification, fails to comply with all the provisions of this Part, is guilty of an offence and liable to a fine not exceeding eight hundred dollars.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 77]
Without limiting the generality of subsection (3), any order or regulation made by the Governor in Council under that subsection may provide for the prohibiting or limiting of navigation on any part of the waters of Canada, in the interests of public safety or of promoting or ensuring the effective regulation of those waters in the public interest or for the protection or convenience of the public, of vessels not exceeding fifteen tons gross tonnage.
for the enforcement of any order or regulation.
for the licensing of operators of vessels on those waters; and
for the government and regulation of any part or parts of the inland, minor or other waters of Canada;
The Governor in Council may by order or regulation provide
The Governor in Council may make rules or regulations relating to the safety of life or limb on navigable waters during regattas and marine parades.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 77]
A regulation made under subsection (1) does not apply to a Canadian ship in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the ship when in the waters of that country.
may designate to which ships or class of ships the regulation applies.
in the case of other ships, to which waters, within the waters described in paragraph (2)(b), the regulation applies; and
in the case of Canadian ships, to which waters the regulation applies, or
may designate
The Governor in Council, in any regulation made under subsection (1),
to all ships in Canadian waters and the exclusive economic zone of Canada.
to Canadian ships in all waters; and
Subject to subsections (3) and (4), regulations made under subsection (1) apply
the proximity of artificial islands, installations, structures, works or a marine casualty
environmental or hydrographic conditions, or
the cargo or the size, draft, power or manoeuvring characteristics of the ship,
for limiting or prohibiting the navigation, operation, anchoring, mooring or berthing of ships by reason of
respecting compulsory routes and recommended routes, including, without restricting the generality of the foregoing, areas to be avoided, precautionary areas and inshore traffic zones, procedures to be followed by ships in such routes, areas and zones, and other shipping traffic measures; and
respecting procedures and practices to be followed by persons on board ships;
respecting the number and qualifications of navigation and engine room personnel required to be on duty on ships;
requiring ships to have on board, maintain and use appropriate charts and nautical publications;
The Governor in Council may, for the purpose of promoting safe and efficient navigation or operation of ships or environmental protection, make regulations
A regulation made under subsection (1) does not apply to a Canadian vessel in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the vessel when in the waters of that country.
may designate to which vessels or class of vessels the regulation applies.
in the case of other vessels, to which waters, within the waters described in paragraph (2)(b), the regulation applies; and
in the case of Canadian vessels, to which waters the regulation applies, or
may designate
The Governor in Council, in any regulation made under subsection (1),
to all vessels in Canadian waters and the exclusive economic zone of Canada.
to Canadian vessels in all waters; and
Subject to subsections (3) and (4), regulations made under subsection (1) apply
The Governor in Council may make regulations for the prevention of collisions at sea and in all other waters, including regulations to implement the Convention on the International Regulations for Preventing Collisions at Sea, 1972, signed at London on October 20, 1972, as amended in London on November 19, 1981, or to implement any amendments, whenever made, to the Regulations to that Convention.
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (1) does not apply in respect of a proposed regulation that
Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsections 562.1(1) and 562.11(1) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
the radio frequency used to make the broadcast,
the place from which the broadcast was made, and
the date and time of the broadcast,
If in any action or proceeding a question arises as to whether a particular instruction or direction mentioned in subsection (2) was broadcast to a ship by the Canadian Coast Guard, a certificate purporting to be issued by or under the authority of the Secretary of the Department of Transport appointed under the Department of Transport Act containing all of the following facts, namely,
[Repealed, 1996, c. 31, s. 99]
the exclusive economic zone of Canada
Canadian waters, and
Canadian ships in all waters and every ship in
Every Canadian ship shall comply with any routing system approved by the International Maritime Organization, or its successor organization, that appears in Notices to Mariners published by the Canadian Coast Guard.
Any person, ship or vessel that contravenes
section 562.13
a regulation made under section 562.1 or 562.11, or
a rule, regulation or order made under section 562,
The Governor in Council may make regulations
respecting the information to be given by ships after obtaining a traffic clearance referred to in paragraph (a).
respecting the conditions under which a traffic clearance referred to in paragraph (a) is to be granted; and
respecting the information to be given, for the purpose of obtaining a traffic clearance, by ships about to enter or within Canadian waters or a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;
The Governor in Council may, for the purpose of promoting safe and efficient navigation or environmental protection in Canadian waters or in any shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act, make regulations
respecting the radio frequencies that ships about to enter or within a Vessel Traffic Services Zone must be capable of using.
respecting the procedures and practices to be followed by ships about to enter or within a Vessel Traffic Services Zone; and
respecting the monitoring and surveillance of marine traffic about to enter or within a Vessel Traffic Services Zone;
establishing Vessel Traffic Services Zones within any such waters;
Failure to comply with a procedure or practice substituted pursuant to subsection (1) shall be deemed to constitute failure to comply with the procedure or practice required pursuant to the relevant regulation.
The Commissioner of the Canadian Coast Guard or any person designated by him may, on request, permit a ship to follow a procedure or practice other than that required pursuant to regulations made under section 562.15 or paragraph 562.16(c) if he is satisfied that such other procedure or practice is as safe as that required pursuant to the said regulations.
A ship shall comply with a direction given under this section.
after receiving a clearance, is unable to maintain direct communication with a marine traffic regulator,
is unable to obtain a clearance required by subsection (3) by reason of inability to establish direct communication with a marine traffic regulator, or
Where a ship, due to ship board radio equipment failure,
after receiving a clearance, is unable to maintain direct communication with a marine traffic regulator,
is unable to obtain a clearance required by subsection (3) by reason of inability to establish direct communication with a marine traffic regulator, or
Where a ship, for any reason other than ship board radio equipment failure,
proceed within a Vessel Traffic Services Zone unless able to maintain direct communication with a marine traffic regulator.
enter, leave or proceed within a Vessel Traffic Services Zone without having previously obtained a traffic clearance under this section; or
Except as provided by subsections (4) and (5), no ship shall
The Commissioner of the Canadian Coast Guard may designate marine traffic regulators to exercise his powers set out in subsection (1), and may establish the requirements that a person must meet before being so designated and the conditions of such designation.
vessel traffic congestion that constitutes an unacceptable risk to shipping, the public or the environment.
the proximity of a ship in apparent difficulty or presenting a pollution threat or other hazard to life or property,
any obstruction to navigation in the Vessel Traffic Services Zone,
the proximity of animals whose well-being could be endangered by the movement of the ship,
pollution or reasonable apprehension of pollution in the Vessel Traffic Services Zone,
the proximity of a ship navigating in an unsafe manner or with improperly functioning equipment or radio equipment, or without charts or publications required by regulations made pursuant to paragraph 562.1(1)(a), or
non-availability of a berth required for the ship,
to proceed to or remain at such location within a Vessel Traffic Services Zone as may be specified in the direction
to leave or refrain from entering such area within a Vessel Traffic Services Zone as may be specified in the direction, or
to leave a Vessel Traffic Services Zone,
direct the ship, at such time or between such times as may be specified in the direction,
direct the ship to use such radio frequencies in communications with coast stations or other ships as may be specified in the direction; and
direct the master, pilot or person in charge of the deck watch of the ship to provide such pertinent information in respect of that ship as may be specified in the direction;
give a traffic clearance to the ship to enter, leave or proceed within a Vessel Traffic Services Zone;
With respect to any ship about to enter or within a Vessel Traffic Services Zone, the Commissioner of the Canadian Coast Guard may, for the purpose of promoting safe and efficient navigation or environmental protection, but subject to any other Act of Parliament governing ports or harbours and any regulation or by-law made under such an Act, and to any regulations made under sections 562.1, 562.11 and 562.16,
Where the Commissioner of the Canadian Coast Guard or any person authorized by him for the purposes of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a ship, he may make a detention order in respect of that ship, and section 672 applies to such a detention order, with such modifications as the circumstances require.
In a prosecution of a ship for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, whether or not the person on board the ship has been identified and, for the purposes of any prosecution of a ship for contravening a direction given under section 562.18, a direction given to the master or any person on board the ship shall be deemed to have been given to the ship.
It is a defence to a charge under subsection (1) of contravening a regulation made under paragraph 562.16(c), subsection 562.18(3) or a direction referred to in paragraph (1)(c) that the master, pilot or person in charge of the deck watch of the ship had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property, and, in the case of contravening a direction referred to in paragraph (1)(c), notified the person who gave the direction, as soon as possible, of the contravention and of the reasons therefor.
a direction given by the Commissioner of the Canadian Coast Guard or a marine traffic regulator under section 562.18
subsection 562.18(3), (4) or (5), or
a regulation made under paragraph 562.15(a) or (c) or 562.16(c) or (d),
Any person or ship that contravenes
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (1) does not apply in respect of a proposed regulation that
Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 562.16 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
Where Canada enters into an agreement with another state, in this section referred to as the “port state”, under which the Governor in Council is satisfied that the port state agrees to grant to every ship enroute to or departing from a port in Canada an exemption equivalent to that described in this section, the Governor in Council may by order, for the purpose of implementing that agreement, exempt all ships registered in states other than Canada, when navigating in Canadian waters specified in the order, from the requirements of this Part and Part XV, and any regulations made thereunder, relating to design, construction, manning and equipment, where such ships
are in full compliance with all such requirements imposed by the law of the port state.
are enroute to or departing from a port in the port state and not enroute to or departing from a port in Canada; and
No local rule or by-law, inconsistent with the Collision Regulations, is of any force or effect, but, in so far as it is not inconsistent therewith, any local rule or by-law is of full force within the locality to which it applies.
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 79]
Where any injury to a person or damage to property arises from the non-observance by any vessel or raft of any of the Collision Regulations, the injury or damage shall be deemed to have been occasioned by the wilful default of the person in charge of that raft, or of the deck of that vessel at the time, unless it is shown to the satisfaction of a court that the circumstances of the case made a departure from the regulation necessary.
to a fine not exceeding one hundred thousand dollars, where the failure to comply is in respect of a vessel or raft exceeding twenty metres in length.
to a fine not exceeding two thousand dollars, where the failure to comply is in respect of a vessel or raft twenty metres or less in length; or
Every person who fails, without reasonable cause, to comply with this section is guilty of an offence and liable on summary conviction
Every owner, master and person having the conduct of a vessel or raft shall obey the Collision Regulations as modified by any local rule pursuant to section 563, and shall not carry or exhibit any other lights, or use any other fog signals, than those required by the Collision Regulations as so modified.
[Repealed, 2001, c. 6, s. 118]
Failure of the master or person in charge of a vessel to comply with this section does not raise any presumption of law that the collision was caused by his wrongful act, neglect or default.
to give to the master or person in charge of the other vessel the name of his own vessel and of the port to which it belongs, and also the names of the ports from which it comes and to which it is bound.
to render to the other vessel, her master, crew and passengers, if any, such assistance as may be practicable, and as may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that it has no need of further assistance; and
In every case of collision between two vessels, it is the duty of the master or person in charge of each vessel, if and in so far as he can do so without danger to his own vessel, crew and passengers, if any,
This section applies to all Canadian ships and to all steamships carrying passengers between places in Canada.
If the owner or master, without reasonable cause, fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
When a steamship has sustained or caused any accident occasioning loss of life or any serious injury to any person, or has received any material damage affecting its seaworthiness or its efficiency either in its hull or in any part of its machinery, the owner or master shall, within twenty-four hours after the happening of the accident or damage, or as soon thereafter as possible, transmit to the Minister, by letter signed by the owner or master, a report of the accident or damage, and of the probable occasion thereof, stating the name of the ship, its official number, if any, the port to which it belongs and the place where it is.
If the managing owner or the ship’s husband, without reasonable cause, fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
Where the managing owner or, in the event of there being no managing owner, the ship’s husband, of any Canadian ship has reason, owing to the non-appearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the Minister notice in writing of the loss and of the probable occasion thereof, stating the name of the ship, its official number, if any, and the port to which it belongs.
[Repealed, 2001, c. 6, s. 119]
Sections 568 to 570 apply in respect of a vessel to any persons other than the owners responsible for the fault of the vessel as though the expression “owners” included those persons, and in any case where, by virtue of any charter or demise, or for any other reason, the owners are not responsible for the navigation and management of the vessel, those sections shall be read as though for references to the owners there were substituted references to the charterers or other persons for the time being so responsible.
[Repealed, 2001, c. 6, s. 121]
[Section 578, as enacted by 1998, c. 6, s. 2, repealed by 2001, c. 6, s. 122 prior to its coming into force.]
[Repealed, 2001, c. 6, s. 123]
[Repealed, 1998, c. 6, s. 2]
Carriers by water shall, at the times and in the manner and on the terms of which they have respectively given public notice, receive and convey according to that notice all persons applying for passage and all goods offered for conveyance unless, in either case, there is reasonable and sufficient cause for not doing so.
Subject to Part 5 of the Marine Liability Act, carriers by water are responsible not only for goods received on board their vessels but also for goods delivered to them for conveyance by their vessels, and are bound to use due care and diligence in the safe-keeping and punctual conveyance of those goods.
[Repealed, 1998, c. 6, s. 3]
All fines incurred for any offence against this Part shall, if the offence is committed within the jurisdiction of any harbour commissioners, be sued for, recovered, enforced and applied in like manner as fines imposed for the contravention of the by-laws of the harbour commissioners within whose jurisdiction the offence is committed.
Subject to section 588, all fines recovered under this Part shall be paid over to the Receiver General and shall form part of the Consolidated Revenue Fund.
Where at any time before any goods are landed or unshipped the owner thereof has made entry for the landing and warehousing of them at any particular wharf or warehouse other than that at which the ship is discharging, and has offered and been ready to take delivery thereof, and the owner of the ship has failed to make that delivery, and has failed at the time of that offer to give to the owner of the goods correct information in respect of the time at which the goods can be delivered, the owner of the ship shall, before landing or unshipping the goods, pursuant to this section, give to the owner of the goods or the wharf or warehouse twenty-four hours notice in writing of his readiness to deliver the goods, and shall, if he lands or unships the goods without that notice, do so at his own risk and expense.
Where any goods are, for the purpose of convenience in assorting them, landed at the wharf where the ship is discharged, and the owner of the goods at the time of that landing has made entry and is ready and offers to take delivery thereof and to convey them to some other wharf or warehouse, the goods shall be assorted at landing, and shall, if demanded, be delivered to the owner thereof within twenty-four hours after assortment, and the expense of and consequent on that landing and assortment shall be borne by the owner of the ship.
Where at any time before the goods are landed or unshipped the owner of the goods is ready and offers to land or take delivery of them, he shall be allowed to do so, and his entry shall in that case be preferred to any entry that may have been made by the owner of the ship.
in any other case, on some wharf or in some warehouse on or in which goods of a like nature are usually placed, the wharf or warehouse being, if the goods are dutiable, a wharf or warehouse duly approved by the Minister of National Revenue for the landing of dutiable goods.
if any wharf or warehouse is named in the charter party, bill of lading or agreement as the wharf or warehouse where the goods are to be placed and if they can be conveniently there received, on that wharf or in that warehouse; and
Where the owner of a ship lands goods pursuant to this section, he shall place them, or cause them to be placed,
if no time for the delivery of the goods is expressed in the charter party, bill of lading or agreement, at any time after the expiration of seventy-two hours, exclusive of a holiday, from the time of the report of the ship.
if a time for the delivery of the goods is expressed in the charter party, bill of lading or agreement, at any time after the time so expressed; and
Where the owner of any goods imported in any ship into Canada fails to make entry thereof or, having made entry, to land the goods or take delivery thereof, and to proceed therewith with all convenient speed, by the times mentioned in this Part, the owner of the ship may make entry of and land or unship the goods at the following times:
Where, at the time any goods are landed from a ship and placed in the custody of any person as a wharfinger or warehouseman, the owner of the ship gives to the wharfinger or warehouseman notice in writing that the goods are to remain subject to a lien for freight or other charges payable to the owner of the ship to an amount mentioned in the notice, the goods shall, in the hands of the wharfinger or warehouseman, continue to be subject to the same lien, if any, for those charges as they were subject to before their landing, and the wharfinger or warehouseman receiving them shall retain them until the lien is discharged, and shall, if he fails to do so, make good to the owner of the ship any loss thereby occasioned to him.
The lien for freight and other charges referred to in section 597 shall be discharged
on the deposit by the owner of the goods with the wharfinger or warehouseman of a sum of money equal in amount to the sum claimed by the owner of the ship,
on the production to the wharfinger or warehouseman of a receipt for the amount claimed as due, and the delivery to the wharfinger or warehouseman of a copy thereof or of a release of freight from the owner of the ship, and
A wharfinger or warehouseman is by any payment under this section discharged from all liability in respect thereof.
At the expiration of thirty days unless legal proceedings have been instituted by the owner of the ship against the owner of the goods to recover the balance or sum, or for the settlement of any dispute that may have arisen between them concerning the freight or other charges, and notice in writing of those proceedings has been served on the wharfinger or warehouseman, the wharfinger or warehouseman shall pay the balance or sum to the owner of the goods.
Where a notice is given under subsection (1), the wharfinger or warehouseman shall immediately inform the owner of the ship of the notice, and shall pay or tender to him out of the sum deposited the sum, if any, admitted by the notice to be payable, and shall retain the balance or, if no sum is admitted to be payable, the whole of the sum deposited, for thirty days from the date of the notice.
When a deposit described in section 598 is made with a wharfinger or warehouseman, the person making the deposit may, within fifteen days after making it, give to the wharfinger or warehouseman notice in writing to retain it, stating in the notice the sums that he admits to be payable to the owner of the ship or that he does not admit any sum to be so payable, but if no notice is given, the wharfinger or warehouseman may, at the expiration of the fifteen days, pay the sum deposited over to the owner of the ship.
The title of a bona fide purchaser of the goods is not invalidated by reason of the omission to send the notice required by this section, nor is that purchaser bound to inquire whether the notice has been sent.
Before making the sale the wharfinger or warehouseman shall give notice thereof by advertisement in two local newspapers circulating in the neighbourhood, and, if the address of the owner of the goods has been stated on the manifest of the cargo, or on any of the documents that have come into the possession of the wharfinger or warehouseman, or is otherwise known to him, shall send notice of the sale to the owner of the goods by post.
Where the lien referred to in section 597 is not discharged and no deposit is made pursuant to section 598, the wharfinger or warehouseman may, and if required by the owner of the ship, shall, at the expiration of ninety days from the time when the goods were placed in his custody, or, if the goods are of a perishable nature, at such earlier period as in his discretion he thinks fit, sell by public auction, either for home use or for exportation, the goods or so much thereof as may be necessary to satisfy the charges mentioned in this Part.
The proceeds of any sale referred to in section 600 shall be applied by the wharfinger or warehouseman as follows, and in the following order:
in payment of the amount claimed by the owner of the ship as due for freight or other charges in respect of the goods,
in payment of the rent, rates and other charges due to the wharfinger or warehouseman in respect of the goods, and
in payment of the charges of the wharfinger or warehouseman and the owner of the ship according to such priority as may be determined by the terms of the agreement, if any, in that behalf between them, or, if there is no agreement,
in payment of the expenses of the sale,
if the goods are sold for home use, in payment of any customs or excise duties owing in respect thereof,
Whenever any goods are placed in the custody of a wharfinger or warehouseman under the authority of this Part, the wharfinger or warehouseman is entitled to rent in respect of the goods, and has the power, at the expense of the owner of the goods, to do all such reasonable acts as in the judgment of the wharfinger or warehouseman are necessary for the proper custody and preservation of those goods, and has a lien thereon for the rent and expenses.
Nothing in this Part compels any wharfinger or warehouseman to take charge of any goods that he would not have been liable to take charge of if this Act had not been passed, nor is he bound to see to the validity of any lien claimed by any owner of a ship under this Part.
Nothing in this Part
takes away or diminishes any rights or remedies given to any owner of a ship or wharfinger or warehouseman by any Act.
takes away or abridges any powers given by any special Act to any harbour commission whereby they are enabled to expedite the discharge of ships or the landing or delivery of goods; or
Fines incurred or imposed under this Act may, except as otherwise provided by this Act, be recovered before a provincial court judge or two justices of the peace on summary conviction pursuant to the provisions of the Criminal Code relating to summary convictions.
Any two justices of the peace have the same jurisdiction.
Any judge of the Court of Quebec or Superior Court of the Province of Quebec, judge of the Superior Court of Justice in and for the Province of Ontario, judge of the Supreme Court of Nova Scotia or British Columbia, judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, judge of the Court of Queen’s Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, or provincial court judge has, for the purposes of all proceedings under this Act, all the powers of two justices of the peace under the Criminal Code, and may try and determine in a summary way all offences punishable under this Act on summary conviction, whether by fine or imprisonment, or both.
Words in this Act to the effect that a person is or shall be liable to a fine shall be construed as meaning that the person is guilty of an offence under this Act and, in the absence of any express provision relating to imprisonment in case of non-payment of any fine imposed under this Act, that on default of payment of any fine imposed under this Act, an offender may be imprisoned for a term not exceeding six months unless the fine is sooner paid.
Subject to any special provisions of this Act, an offence under this Act or under any rule or regulation made pursuant to this Act that is declared to be an indictable offence or to be punishable on, by or under indictment
may, instead of being prosecuted as an indictable offence, be prosecuted summarily in the manner provided by the provisions of the Criminal Code relating to summary convictions, and if so prosecuted the offence is punishable by a fine not exceeding five hundred dollars or by imprisonment for a term not exceeding twelve months.
is punishable by a fine not exceeding five thousand dollars or by imprisonment for a term not exceeding five years; and
Subject to any special provisions of this Act, neither a conviction for an offence nor an order for payment of money shall be made under this Act in any summary proceeding instituted in Canada, unless
if both or either of the parties to the proceeding happen during that time to be out of Canada, the proceeding is commenced, in the case of a summary conviction at any time within but not later than two months, and in the case of a summary order six months, after they both arrive, or are at one time, within Canada.
that proceeding is commenced at any time within but not later than six months after the commission of the offence or after the cause of complaint arises, as the case may be; or
Where, in any legal proceeding under this Act, a question arises whether any ship or person is within the provisions of this Act or of some Part of this Act, the ship or person shall be deemed to be within those provisions unless the contrary is proved.
For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed and every cause of complaint to have arisen either in the place in which the offence actually was committed or arose, or in any place in which the offender or person complained against may be.
The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code.
Where any district within which any court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river or other navigable water, the court, justice or provincial court judge has jurisdiction over any vessel being on, or lying or passing off, that coast, or being in or near that bay, channel, lake, river or navigable water, and over all persons on board that vessel or for the time being belonging thereto, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge.
[Repealed, 1990, c. 44, s. 18]
In any legal proceeding in relation to any injury referred to in subsection (1), the person giving security shall be made defendant and shall be stated to be the owner of the ship that has occasioned the damage, and the production of the order of the judge or Court, made in relation to the security, is conclusive evidence of the liability of the defendant to the proceeding.
Where it appears that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from Canadian waters, the ship may be detained for such time as will allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer is not liable for any costs or damages in respect of the detention unless the detention is proved to have been made without reasonable grounds.
given security to be approved by the Court, to abide the event of any action, suit or other legal proceeding that may be instituted in respect of the injury, and to pay all costs and damages that may be awarded thereon,
made satisfaction in respect of the injury, or
Whenever any injury has in any part of the world been caused to any property belonging to Her Majesty or to any of Her Majesty’s subjects by any foreign ship, and at any time thereafter that ship is found in Canadian waters, the Admiralty Court may, on being shown by any person applying summarily that the injury was probably caused by the misconduct or want of skill of the master or mariners of the ship, issue an order directed to any officer of customs or other officer named by the Court, requiring him to detain the ship until such time as the owner, master or consignee thereof has
The expense of imprisoning any offender under this Act and of conveying him and the witnesses to Canada in any manner other than in the ship to which they respectively belong shall, where not paid as part of the costs of the prosecution, be paid out of moneys provided by Parliament for that purpose.
If any master of a Canadian ship, when required by any consular officer to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford a passage and subsistence to him, or does not deliver any offender committed to his charge into the custody of some police officer or constable as required by this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
Any master of a ship to whose charge an offender has been committed shall, on his ship’s arrival in Canada, give the offender into the custody of some police officer or constable, and that officer or constable shall take the offender before a justice of the peace or provincial court judge by law empowered to deal with the matter, and the justice or provincial court judge shall deal with the matter as in cases of offences committed on the high seas.
A consular officer has the right to endorse on the agreement of a ship such particulars with respect to any offenders or witnesses sent in the ship as the Minister requires.
A consular officer may order the master of any ship registered in and bound to Canada to receive and afford a passage and subsistence during the voyage to any offender described in subsection (1), and to the witnesses, but the master is not required to receive more than one offender for every one hundred tons of his ship’s register tonnage, or more than one witness for every fifty tons of that tonnage.
that any offence on the high seas has been committed by any master, seaman or apprentice belonging to any ship so registered,
that any offence against property or a person has been committed at any place, either ashore or afloat, outside a Commonwealth country by any master, seaman or apprentice who at the time when the offence was committed, or within three months before that time, was employed in any Canadian ship, or
Whenever any complaint is made to any consular officer
A shipping master or a person appointed by the Minister has, for the purpose of an inquiry under this section, the powers of an officer or person appointed to make a preliminary inquiry under Part VI, and if in the course of an inquiry it appears to the shipping master or person that a death has been caused on board the ship by violence or other improper means, he shall report the matter to the Minister, and, if the emergency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice.
Where a case of death happens on board any foreign-going Canadian ship, the shipping master at the port where the crew of the ship is discharged or any person appointed by the Minister for that purpose shall, on the arrival of the ship at that port, inquire into the cause of the death, and shall make in the official log-book of the ship an endorsement to the effect that the statement of the cause of death in the log-book is in his opinion true, or the contrary, according to the result of the inquiry.
It is not necessary in any case to prove the signature or official character of the person appearing to have signed a deposition, and in any criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the accused was present in the manner thereby certified.
A deposition referred to in subsection (1) shall be authenticated by the signature of the judge, magistrate or consular officer before whom it is made, and the judge, magistrate or consular officer shall certify, if it is so, that the accused was present at the taking thereof.
If the deposition referred to in subsection (1) was made in Canada, it is not admissible in any proceeding instituted in Canada, and if the proceeding is criminal, it is not admissible, unless it was made in the presence of the person accused.
Subject to subsection (2), whenever in the course of any legal proceeding instituted in Canada before any judge or provincial court judge, or before any person authorized by the law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceeding, on due proof that the witness cannot be found in Canada, any deposition that the witness may have previously made on oath in relation to the same subject-matter before any justice or magistrate in a Commonwealth country, or before any consular officer elsewhere, is admissible in evidence.
This section does not apply to the detention of a ship pursuant to subsection 562.19(4), section 672 or subsection 724(2).
Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the proper officer means the officer who is able to grant a clearance or transire to the ship.
Where under this Act a ship is to be detained an officer of customs shall, and where under this Act a ship may be detained an officer of customs may, refuse to clear that ship outward.
Where a ship proceeding to sea takes to sea any officer authorized to detain the ship or any officer of customs, while the officer is on board in the execution of his duty, the owner and master of the ship are each guilty of an offence and liable to pay all expenses of and incidental to the officer being so taken to sea, and to a fine not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine.
If the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, the owner and any person who sends the ship to sea, if that owner or person is party or privy to the act, are guilty of an offence and liable to a fine not exceeding five hundred dollars.
Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval, army or air service of Her Majesty or in the Canadian Forces, or any officer of customs may detain the ship.
Any surplus remaining from the proceeds of sale of a ship under subsection (1) after paying the amount of the fine and the costs of conviction, together with the costs of the seizure and sale, shall be paid over to the owner of the ship or the mortgagee, as the case may be.
Where a conviction has been secured against the owner of a ship for a contravention of any of the provisions of this Act and a fine has been imposed, the ship is, if the fine is not paid forthwith, liable to be seized and, after such reasonable notice as the Minister may in each case prescribe, may be sold by any chief officer of customs or any person authorized for that purpose in writing by the Minister, who may, by bill of sale, give to the purchaser a valid title to the ship free from any mortgage or other claim thereon that at the time of that sale may be in existence.
Where any court, justice of the peace or provincial court judge has power to make an order directing payment to be made of any seaman’s wages, fines or other sums of money, if the party so directed to pay is the master or owner of a ship, and the payment is not at the time and in the manner prescribed in the order, the court, justice of the peace or provincial court judge who made the order may, in addition to any other powers he may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied in distress or poinding and the sale of the ship, its tackle, furniture and apparel.
The examination of any seaman liable to be obliged to leave the province in which any offence under this Act is prosecuted, or of any witness who is sick, infirm or about to leave that province, may be taken de bene esse before any commissioner or other proper authority, in the same manner as depositions in civil cases are taken.
The proceedings on any conviction or order shall not be stayed by reason of any application to remove that conviction or order to a superior court or of any notice of that application, unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.
Where there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where any conviction or order is made, in the Province of Ontario, a judge of the Superior Court of Justice in and for the Province of Ontario, in the Provinces of Nova Scotia and British Columbia, a judge of the Supreme Court, in the Province of Prince Edward Island or Newfoundland, a judge of the Trial Division of the Supreme Court, or, in the Province of New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen’s Bench, has power to hear and determine any application for a stay of proceedings on that conviction or order.
Every person charged under Part VI with an indictable offence may be indicted and prosecuted, and the venue may be laid, in any county or district.
Where any document is required by this Act to be executed in the presence of or to be attested by any witness or witnesses, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness or witnesses or any of them.
Whenever any document to which this section applies has been admitted in evidence, the court or the person who admitted the document may on request direct that it be impounded and be kept in the custody of some officer of the court or other proper person for such period or subject to such conditions as the court or person thinks fit.
Every person who forges the seal, stamp or signature of any document to which this section applies, or tenders in evidence any such document with a false or counterfeit seal, stamp, or signature thereto, knowing it to be false or counterfeit, is guilty of an indictable offence.
If any officer described in subsection (2) wilfully certifies any document as being a true copy or extract knowing that it is not a true copy or extract, he is guilty of an indictable offence and liable on conviction to imprisonment for any term not exceeding eighteen months.
A copy of any document described in subsection (1) or extract therefrom is admissible in evidence if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish the certified copy or extract to any person applying for it at a reasonable time.
Where a document is by this Act declared to be admissible in evidence, that document is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of parties authority to receive evidence, and, subject to all just exceptions, is evidence of the matters stated therein pursuant to this Act or by any officer in pursuance of his duties.
Every person who obstructs the service on the master of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy is guilty of an offence and liable to a fine not exceeding fifty dollars and, if the master or owner of the ship is party or privy to the obstruction, he is guilty of an indictable offence.
if the document is to be served on the master of a ship, where there is no master, and the ship is in Canada, on the managing owner of the ship or, if there is no managing owner, on some agent of the owner residing in Canada, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship.
if the document is to be served on the master of a ship, where there is a master, or on a person belonging to a ship, by leaving the document on board that ship with the person being or appearing to be in command or charge of the ship; and
in any case by delivering a copy thereof personally to the person to be served, or by leaving the copy at his latest known address;
Where for the purposes of this Act any document is to be served on any person, that document may be served
Subject to any specific application provided under this Act, all fines under this Act shall, notwithstanding anything in any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund.
be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.
be applied in or toward payment of the expenses of the proceedings; or
be applied in compensating any person for any wrong or damage that may have been sustained by the act or default in respect of which the fine is imposed;
Where a fine is imposed under this Act for which no specific application is provided, the court, justice of the peace or provincial court judge imposing the fine may direct that the whole or any portion of it may
Any person having a claim to which this Part applies may, if he so desires, instead of proceeding under the provisions of this Part, institute proceedings in Admiralty for enforcing the claim in accordance with the ordinary rules of practice of the Admiralty Court, and that Court, if proceedings are so instituted, has the same jurisdiction for the purpose of enforcing the claim as if the claim were a claim for necessaries supplied to the ship.
Nothing in this section affects the power of any person to enforce any claim to which this Part applies otherwise than in accordance with this Part.
Where a ship has been demised to charterers, this section applies to claims against the charterers of the ship as it applies to claims against the owners of a ship, with the substitution of charterers for owners, but no ship shall be detained on a claim against the charterers of the ship after the expiration of the term for which the ship was demised to them.
Where the owner of a ship is a corporation, the owner shall, for the purposes of this section, be deemed to reside in the province where the application is made if the corporation has an office in that province at which service of writs can be effected.
Section 614 applies to the detention of a ship under this Part as it applies to the detention of a ship under Part XII.
Where a complaint is made to the Minister that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from Canadian waters, the ship shall, if the Minister so directs, be detained for such time as will allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer is not liable for any costs or damages in respect of the detention if made in accordance with the directions of the Minister.
In any legal proceedings in relation to any claim referred to in subsection (1), the person giving security shall be made defendant and shall be stated to be the owner of the ship in respect of which the work giving rise to the claim was done, and the production of the order of the judge, made in relation to the security, is conclusive evidence of the liability of the defendant to the proceedings.
security to be approved by the court has been given by them or him to abide the event of any action, suit or other legal proceeding that may be instituted in respect of the claim, and to pay all costs and damages that may be awarded thereon,
satisfaction has been made by the owners, agent, master or consignee thereof in respect of the claim, or
An order under this Part shall be directed to a marshal of the court, an officer of customs or some other officer named in the order, and shall require him to detain the ship until
Where it is claimed that any sum is due to any person from the owners of a ship for work done at any place in any province by that person in connection with the stowing or discharging of cargoes on board or from that ship, or the trimming of coal on board that ship, and that ship is at any time found in Canadian waters, the Admiralty Court may, on being shown by any person applying in accordance with rules of court that, in the absence of evidence to the contrary, the claim against the owners is a good claim, issue an order for the arrest of the ship.
If any person, on being duly required by an officer authorized under this section, fails without reasonable cause to produce to that officer any official log-book or document that he is required to produce under this section, refuses to allow the official log-book or document to be inspected or copied, impedes any muster of the crew required under this section, refuses or neglects to give any explanation that he is required under this section to give or knowingly misleads or deceives any officer authorized under this section to demand any such explanation, that person is guilty of an offence and liable to a fine not exceeding one hundred dollars.
summon the master to appear and give any explanation concerning the ship or its crew or the official log-books or documents produced or required to be produced.
muster the crew of any ship; and
require the master of any Canadian ship to produce a list of all persons on board the ship, and take copies of the official log-books or documents, or of any part thereof;
require the owner, master or any of the crew of any Canadian ship to produce any official log-books or other documents relating to the crew or any member thereof in their respective possession or control;
Where any commissioned officer of any ship belonging to Her Majesty on full pay, any chief officer of customs in any Commonwealth country or any shipping master has any reason to suspect that the provisions of this Act, or any law for the time being in force relating to shipping or navigation is not complied with, that officer or shipping master may
If any ship duly required under subsection (6) to stop or to proceed to some convenient place fails to comply with that requirement, the master of the ship is guilty of an indictable offence, and if a master or any other person fails to do any other thing duly required of him under that subsection or obstructs any officer in the exercise of his powers under that subsection, he is guilty of an offence and liable to a fine not exceeding five hundred dollars.
if it appears to him that this section is being or has been contravened, he may, without summons, warrant or other process, take the ship and its cargo and its master and crew to the nearest or most convenient port in Canada or in any other Commonwealth country in order that the alleged contravention may be adjudicated on by a competent court.
he may make any other examination or inquiry that he deems necessary to ascertain whether this section is being or has been contravened; and
he may search the ship, examine the cargo and require the master or any member of the crew to open any package or parcel that he suspects contains any articles to which this section applies;
he may require the master to produce any documents relating to any cargo that is being carried or has been carried on the ship;
he may go on board the ship and for that purpose may detain the ship or require it to stop or to proceed to some convenient place;
Any officer mentioned in section 630, any consular officer or an officer as defined for the purposes of the provisions of the Customs Act that relate to preventive measures, who has reason to suspect that a ship is contravening or has contravened this section has, without prejudice to the powers conferred by that section, the following powers:
Where any articles are taken on board or carried in any ship in contravention of this section, the Admiralty Court, or, in any other Commonwealth country, any court exercising jurisdiction under subsection 639(2), may declare those articles and any packages or receptacles in which they are contained to be, and they shall thereupon be, forfeited and when forfeited shall be disposed of as the court directs.
If any article is discharged or transhipped from, or taken on board or carried in, any ship in contravention of this section, the owner, charterer or master of the ship is, if he is privy to the contravention, guilty of an indictable offence.
Subject to subsection (2), the articles to which this section applies are arms, ammunition, implements or munitions of war, military stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof, or provisions or any sort of victual that may be used as food by man or beast.
provide otherwise for the carrying out of the intent of this section.
exempt in the case of any territory designated pursuant to paragraph (a) any article or class of articles referred to in subsection (3) from the application of this section; and
prescribe the time or times during which this section shall apply;
designate any territory or territories in which there is a state of war or armed conflict, civil or otherwise, in respect of which this section shall apply;
The Governor in Council may by regulation
be transhipped on the high seas from a Canadian ship into any vessel bound for any such port or place,
be discharged at any port or place in any territory designated by the Governor in Council for the purposes of this section or within the territorial waters adjacent to the territory from a Canadian ship, or
No article to which this section applies shall
Every person who contravenes any regulation made under this section is guilty of an offence punishable on summary conviction.
generally, to control and regulate air cushion vehicles used in navigation, including the prohibition of the navigation of those vehicles over such waters and for such times as may be prescribed.
excluding air cushion vehicles used in navigation from the operation, in whole or in part, of any of the provisions of this Act that are by subsection (1) made applicable to them and re-applying, in whole or in part, any of those provisions; and
providing for the measurement of the tonnage of air cushion vehicles for the purposes of this Act;
providing for the safety of persons and property in air cushion vehicles used in navigation and for preventing those vehicles from endangering other persons and property;
prescribing standards of fitness for air cushion vehicles used in navigation and prohibiting or restricting the use of those vehicles that do not meet the standards prescribed;
providing for the licensing of persons acting as members of the crew or employed in connection with the maintenance and repair of air cushion vehicles used in navigation, and for the suspension and revocation of those licences;
The Governor in Council may make regulations
The provisions of Part I except sections 94 to 101, Parts V and VI, Part IX except section 581, and Parts XI to XIV apply to air cushion vehicles used in navigation, and wherever in those Parts vessels, ships or steamships are referred to, those references shall be construed as including air cushion vehicles used in navigation.
Where the Governor in Council is satisfied that British ships registered in a Commonwealth country outside Canada, or ships registered in a port of a territory over which Her Majesty exercises jurisdiction, are required by the law of that Commonwealth country or the law in force in that territory to comply with any provisions that are substantially the same as, or equally effective with, any provisions of this Act that apply to those ships if they are within a port of Canada, the Governor in Council may direct that any of those provisions of this Act do not apply to any ship registered in that Commonwealth country or in that territory while within a port in Canada, if it is proved that the ship complies with the corresponding provisions of the law of the Commonwealth country or territory in which the ship is registered.
Where the Governor in Council is satisfied that
that country has made or has undertaken to make provisions for the exemption of Canadian ships, while they are within a port of that country, from the corresponding requirement of the law of that country,
ships of a foreign country are required by the law of that country to comply with any provisions that are substantially the same as, or equally effective with, any provisions of this Act that apply to foreign ships while they are within a port of Canada, and
Where any foreign ship is detained under this Act and any proceedings are taken under this Act against the master or owner of the ship, notice shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and the notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.
The oath of the master of any foreign merchant ship, or of any officer or person employed on board the ship, or on board any other ship of the same country that, to the best of his belief and understanding, any seaman or other person is bound to serve on board that ship, according to the law of the country to which that ship belongs, or of the place where the seaman or other person was hired, is evidence that he is legally bound to serve on board that ship within the meaning of this Part, although he has not regularly entered into or signed articles of agreement, and is not bound by articles of indenture in the manner required by law with regard to seamen and others engaged or bound to serve on board Canadian ships.
No judge, provincial court judge or justice of the peace shall
exercise jurisdiction under this Part over or at the instance of any such person,
entertain or act on any complaint or information under this Part by or against any person belonging to or connected with any foreign merchant ship, who is not a subject of Her Majesty, or
Where it has been made to appear to the Governor in Council that the government of any foreign country desires that any of the provisions of this Act that do not apply to the ships of that country should so apply, and there are no special provisions in this Act for that application, the Governor in Council may order that any of those provisions specified in the order shall, subject to any limitations contained therein, apply to the ships of that country and to the owners, masters, seamen and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were Canadian ships.
While every provision of this Act that permits, authorizes, requires or directs any courts, officers, registrars, superintendents or functionaries described in subsection (2) is permissive merely, all things done by them pursuant to this Act shall be deemed to have been validly done for all the purposes of this Act.
Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to Canadian ships while they are in that country, before or after they have been in that country or while they are at sea, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, consular officer, officer of customs, superintendent or other officer or functionary in or of that country may or shall, with relation to Canadian ships, their owners, masters and crews, execute any request, exercise any right or authority or perform any duty or act that this Act makes or purports to make, confer, impose or direct to be done, of, on or by that court, officer or functionary, then all things done by it or him, in form pursuant to any provision of this Act that can be related to the enactment of the other Commonwealth country, shall be deemed to have been done by force of that enactment.
Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to ships registered in that country while they are in Canada or before or after they have been in Canada or while they are at sea, with relation to any matter touching or concerning those ships, their owners, masters or crews, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, officer of customs, shipping master or other officer or functionary in or of Canada may or shall execute any request, exercise any right or authority or perform any duty or act with relation to those ships, their owners, masters or crews, that court, officer or functionary in or of Canada may and shall execute the request, have the right or authority and perform the duty or act as if the enactment were by this Act enacted.
In this Act, references to a ship constructed before or after any date shall be construed as references to a ship the keel of which has been laid before or after that date, as the case may be.
[Repealed, 1998, c. 16, s. 16]
Where any notice or demand is by this Act required or authorized to be transmitted or sent, it may be transmitted or sent by registered post.
Where by this Act any notice, authority, order, direction or other communication is required or authorized to be given or made by the Minister to any person not being an officer of the Department, it shall be given or made in writing.
All documents purporting to be made, issued or written by or under the direction of the Minister, or, in the case of a certificate, to be signed by one of the officers of the Department, are admissible in evidence in the manner provided by this Act.
Every person who prints, sells or uses any document purporting to be a form approved by the Minister, knowing that it is not a form that has been approved for the time being or prepared or issued under the sanction of the Minister, is guilty of an offence and liable to a fine not exceeding fifty dollars.
The Minister shall cause all forms to be supplied at all custom-houses and shipping offices in Canada, free of charge, or at such moderate prices as the Minister may fix, or he may license any persons to print and sell the forms.
The Minister shall cause every such form to be marked with some distinguishing mark, and before finally issuing any form or making any alteration in a form shall cause public notice thereof to be given in such manner as the Minister thinks requisite in order to prevent inconvenience.
Subject to any special provisions of this Act, the Minister may prepare, or cause to be prepared, and sanction forms for any book, instrument or paper required under this Act, and may make such alterations in those forms as he thinks fit.
In this Part,
standards includes specifications and technical and operational requirements.
ship includes any description of vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion;
response organization means any person or body in Canada in respect of which a certificate of designation is issued by the Commissioner pursuant to subsection 660.4(1);
pollution prevention officer means a person designated as a pollution prevention officer pursuant to section 661;
Pollution Convention means the International Convention for the Prevention of Pollution from Ships, 1973, signed at London on November 2, 1973, and the Protocol of 1978 relating thereto, signed at London on February 17, 1978, and any amendments, whenever made, to Protocol I, the Annexes or the Appendices to that Convention;
and, without limiting the generality of the foregoing, includes crude oil, fuel oil, heavy diesel oil, lubricating oil, any other persistent oil and any substance or any substance of a class of substances that is prescribed for the purposes of this Part to be a pollutant;
any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
pollutant means
owner, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship as regards the possession and use thereof;
OPRC Convention means the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, signed at London on November 30, 1990, as amended from time to time, to the extent that those amendments are in force in respect of Canada;
oil tanker means a ship that is constructed or adapted primarily to carry oil in bulk in its cargo spaces;
oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil in water;
oil handling facility means a facility, including an oil terminal, that is used in the loading or unloading of oil to or from ships;
discharge of a pollutant from a ship means any discharge of a pollutant from a ship that results, directly or indirectly, in the pollutant entering the water and includes, without limiting the generality of the foregoing, spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping;
Commissioner means the Commissioner of the Canadian Coast Guard;
analyst means a person designated as an analyst pursuant to section 661;
Notwithstanding anything contained therein, a regulation made under this Part does not apply to a Canadian ship in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the ship when in the waters of that country.
“oil” and “gas” have the same meanings as in section 2 of that Act.
“spill” has the same meaning as in subsection 24(1) of the Oil and Gas Production and Conservation Act; and
For the purposes of subsection (2),
This Part does not apply to a discharge that constitutes a spill from a ship that is on location and engaged in exploration or drilling for, or production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Oil and Gas Production and Conservation Act, in so far as the discharge emanates from those activities.
to all ships in waters described in paragraph (a).
waters in the exclusive economic zone of Canada
Canadian waters, and
to all
Except where otherwise provided in this Part or in any regulation made thereunder, this Part and any regulations made thereunder apply
Notwithstanding any regulation made under subsection (1), a discharge of a pollutant from a ship is permitted if done in accordance with a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.
The Governor in Council may make regulations prohibiting the discharge from ships, except as thereby authorized for the purposes of this Part, of any one or more pollutants specified in the regulations.
may provide that the regulation applies to such Canadian ships or class of Canadian ships in such waters, outside the waters to which this Part applies, as are designated in the regulation.
may designate to which waters, within the waters to which this Part applies, or to which ships or class of ships the regulation applies; and
In any regulation made pursuant to this section or subsection 656(1), the Governor in Council
A certificate issued pursuant to regulations made under paragraph (2)(b) is not a bar to inspecting or surveying the ship pursuant to regulations made under paragraph (2)(a) if there is evidence of non-compliance.
governing the use that may be made of any such certificate and the effect that may be given thereto for the purposes of any provision of this Act.
respecting certificates of compliance with regulations referred to in paragraph (a); and
providing for the inspection and survey of ships to which the Pollution Convention does not apply for the purpose of ascertaining whether the ships comply with regulations made under this Part relating to construction, fittings, installations, equipment and systems;
The Governor in Council may make regulations
prescribing anything that by this Part is to be prescribed.
requiring the owner or operator of any loading terminal, unloading terminal, port or ship repair facility to provide reception facilities satisfactory to the Minister for oily residues, chemical residues, garbage and sewage; and
respecting the fees to be charged for issuing certificates required under this Part and the fees to be charged for inspections and surveys in connection with applications for such certificates;
respecting fees to be paid in respect of any inspection or survey of a ship carried out pursuant to this Part or any regulation made thereunder;
respecting the production of plans, documentary evidence and like information necessary to decide whether a ship complies with regulations made under this subsection;
respecting design specifications and operating manuals for ships carrying pollutants and for their equipment, fittings and systems, and respecting the keeping of such design specifications and operating manuals on board the ship and the adherence to those design specifications and operating manuals;
respecting the design, construction and arrangement of ships carrying pollutants, their stability in a damaged condition and their equipment, fittings and systems;
for regulating and preventing the pollution of the air by ships;
where the ship is a Canadian ship, of discharges of pollutants by the ship, which discharges, if made in waters to which this Part applies, would be contrary to any regulation made pursuant to subsection 656(1),
of loadings and unloadings of pollutants to or from the ship at any facilities, and
of any activities on board the ship that result in or may result in the discharge of a pollutant into the water or the atmosphere,
respecting the records to be kept on board a ship
prescribing the supplies and equipment to be maintained by the operators of loading and unloading facilities for ships for use in the event of any discharge of a pollutant during the loading or unloading of a ship;
prescribing procedures and practices to be followed by persons on board ships, including the loading and unloading of pollutants, in order to ensure the safety and the safe operation of such ships;
respecting the supplies and equipment to be carried by and the fittings and installations required on ships carrying pollutants for handling the pollutants and dealing with any discharge thereof;
the method of retention of any pollutant carried on board a ship as waste;
the method of stowage of any pollutant carried on board a ship, whether as cargo or fuel, and
the maximum quantities of any pollutant that may be carried on board a ship, whether as cargo or fuel,
pollutants the carriage of which, in any quantity, is prohibited on board ships, whether as cargo or fuel,
prescribing
respecting the fitting, maintenance, testing and use of electronic and other navigational equipment on ships carrying pollutants, in addition to that required under any other provision of this Act or the regulations;
respecting the circumstances in which ships, persons on board ships and operators of oil handling facilities shall report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports shall be made;
The Governor in Council may make regulations
The Governor in Council may make regulations respecting the control and management of ballast water.
The Governor in Council may make regulations to implement the Pollution Convention.
makes no substantive change to an existing regulation,
has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
Subsection (1) does not apply in respect of a proposed regulation that
Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 658 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
Section 313 applies in respect of inspections or surveys of ships under this Part or under regulations made pursuant to this Part.
For the purposes of Article 6 of the OPRC Convention, “competent national authority”, with respect to ships and to oil handling facilities designated pursuant to subsection 660.2(8), means the Commissioner.
The Minister may designate any oil handling facility as a facility the operator of which is required to comply with subsection (4), and shall cause every such designation to be published in the Canada Gazette.
Subject to any conditions that the Minister considers appropriate, the Minister may exempt for a specified period any ship or class of ships or any operator of an oil handling facility from the application of any provision of this section if the Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. Notice of every exemption must be published in the Canada Gazette.
Paragraph (4)(b) and subparagraphs (4)(c)(ii) and (iii) do not apply in respect of an oil handling facility that is in waters north of the sixtieth parallel of north latitude.
Subsection (4) does not apply to an oil handling facility that is located in the territorial sea of Canada or the exclusive economic zone of Canada.
have on site an oil pollution prevention plan required by the regulations.
have on site an oil pollution emergency plan that conforms to the regulations and that lists the procedures, equipment and resources referred to in paragraph (a); and
identifies every person who is authorized, in accordance with the regulations, to implement the arrangement referred to in paragraph (b) and the oil pollution emergency plan referred to in paragraph (d);
confirms that the arrangement referred to in paragraph (b) has been made, and
describes the manner in which the operator will comply with the regulations made under paragraph 657(1)(a),
have on site a declaration, conforming to the regulations, that
have an arrangement with a response organization to which a certificate of designation has been issued pursuant to subsection 660.4(1) in respect of a specified quantity of oil that is at least equal to the total quantity of oil, as determined by regulation, that is, at any particular time, involved in the loading or unloading of oil to or from a ship at the oil handling facility, to a maximum of ten thousand tonnes, and in respect of the place where the oil handling facility is located;
comply with regulations respecting the procedures, equipment and resources that an oil handling facility must have on site for use in respect of an oil pollution incident at the oil handling facility, where the incident arises out of the loading or unloading of oil to or from a ship at the oil handling facility;
The operator of an oil handling facility that is designated pursuant to subsection (8) shall
a ship that is in waters north of the sixtieth parallel of north latitude.
a Canadian ship that is not in waters, as that term is defined in subsection (1); and
Paragraph (2)(b) and subparagraphs (2)(c)(ii) and (iii) do not apply in respect of
identifies every person who is authorized, in accordance with the regulations, to implement the arrangement referred to in paragraph (b) and the shipboard oil pollution emergency plan.
confirms that the arrangement referred to in paragraph (b) has been made, and
identifies the name and address of the ship’s insurer, or in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the ship,
have on board a declaration, conforming to the regulations, that
have an arrangement with a response organization to which a certificate of designation has been issued pursuant to subsection 660.4(1) in respect of a specified quantity of oil that is at least equal to the total amount of oil that the ship carries, both as cargo and as fuel, to a maximum of ten thousand tonnes, and in respect of waters where the ship navigates or engages in a marine activity; and
comply with regulations respecting the procedures, equipment and resources that a ship must have on board for use in respect of an oil pollution incident respecting the ship, to the extent that such procedures, equipment and resources are not provided for in a shipboard oil pollution emergency plan that it would be required to have pursuant to any regulation made under section 658;
Every Canadian ship, whether or not it is in waters and, subject to subsection (3), every ship, other than a Canadian ship, that is in waters, shall
and includes, notwithstanding subsection 655(1), waters that are within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act.
waters in the exclusive economic zone of Canada
Canadian waters, and
waters means
a ship that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act;
any warship, naval auxiliary ship or ship owned or operated by a state and used only on government non-commercial service, or
a ship that is not a Canadian ship if it is only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and if it is not engaged in the loading or unloading of oil during transit,
does not include
includes two or more ships, each of whose gross tonnage is less than that mentioned in subparagraph (a)(i) or (ii), that carry oil as cargo, that are towed or pushed together and whose aggregate tonnage is one hundred and fifty or more tons gross tonnage, and
a ship, other than an oil tanker, of four hundred or more tons gross tonnage that carries oil as cargo or as fuel,
an oil tanker of one hundred and fifty or more tons gross tonnage, and
means
ship
oil means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products;
For the purposes of this section,
Every operator of an oil handling facility shall take reasonable measures to implement the oil pollution emergency plan that the operator is required to have pursuant to paragraph 660.2(4)(d), in respect of an oil pollution incident.
Every ship shall take reasonable measures to implement the shipboard oil pollution emergency plan that it is required to have pursuant to regulations made under section 658, in respect of an oil pollution incident.
After the Minister has approved a new fee or an amended fee, the fee shall be applicable from the date of publication of the proposal for it in the Canada Gazette.
Where a response organization has proposed an amended fee, the existing fee continues to apply until the procedure set out in subsections (3) to (8) is completed and the Minister has approved an amount for the amended fee.
Where a response organization proposes to charge a new fee or proposes to amend a fee already charged, it shall file the proposed new or amended fee with the Minister and subsections (3) to (8) apply, with such modifications as the circumstances require, to the proposed new or amended fee.
The Minister may, by order, approve or amend a proposed fee, either as recommended by the report or otherwise, the response organization shall establish its fee accordingly and the Minister shall cause a copy of the fee to be published in the Canada Gazette.
The person who holds an investigation shall send a report of the investigation to the Minister when it is completed.
A person appointed to hold an investigation has all the powers of a commissioner under Part I of the Inquiries Act.
Where a notice of objection is filed, the Minister shall appoint a person to investigate whether the charging of the proposed fee would be fair and equitable, if, the Minister is of the opinion that to do so would be desirable.
Any interested person who has reason to believe that a proposed fee is not fair and equitable may file a notice of objection that contains the reasons for the objection with the Minister no later than thirty days after the publication of the proposed fee.
The Minister shall cause a copy of each list of proposed fees to be published in the Canada Gazette.
A person or body that applies for a certificate of designation as a response organization shall, at the time of applying, file with the Minister a list of the fees that it proposes to charge in relation to an arrangement referred to in paragraph 660.2(2)(b) or (4)(b).
a declaration that confirms that the procedures, equipment and resources referred to in the response plan are available to the person or body in conformity with the regulations.
a response plan that conforms to the regulations respecting the procedures, equipment and resources for use with respect to a spill of a specified quantity of oil in the geographic area; and
The Minister may, in respect of any geographic area and in respect of a specified quantity of oil, issue a certificate of designation as a response organization to a person or body that makes an application and submits to the Minister
The Minister may revoke any certificate of designation issued pursuant to subsection 660.4(1) if
the Minister believes on reasonable grounds that the procedures, equipment and resources referred to in subsection 660.4(1) are not available within the meaning of paragraph 660.4(1)(b).
any charges or fees for processing an application for, or for performing an inspection in relation to the issuance of, the certificate are unpaid; or
there have been amendments to the regulations referred to in that subsection and the response plan no longer meets the regulations as amended;
the Minister believes on reasonable grounds that the response plan no longer complies with the regulations referred to in that subsection;
For greater certainty, standards issued by the Minister under this section are not regulations within the meaning of the Statutory Instruments Act.
respecting the designation of oil handling facilities pursuant to subsection 660.2(8).
respecting the matters referred to in paragraph 660.2(2)(a) or (c) or subsection 660.2(4) or 660.4(1); and
The Minister may issue standards
The Minister shall send a copy of each proposed standard to the Minister of Justice for examination to ensure that an incorporation of the standard by reference in a regulation made under subsection 660.9(1)
would not trespass unduly on existing rights and freedoms and would not, in any case, be inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.
would not constitute an unusual or unexpected use of the authority in that subsection; and
would be authorized by section 660.9;
If the Minister is satisfied that an emergency situation exists and that compliance with subsections (1) to (3) would therefore be prejudicial to the public interest, the Minister need not comply with those subsections.
makes no substantive change to an existing standard.
has previously been published pursuant to subsection (1), whether or not it has been changed as a result of representations made pursuant to that subsection; or
The Minister need not comply with subsections (1) to (3) in respect of a proposed standard that
The Minister shall cause notice of each standard that the Minister issues, together with notice of the place at which the standard is available, to be published in the Canada Gazette.
After the Minister considers any representations made by interested persons with respect to a proposed standard, the Minister may issue the standard.
The Minister shall cause notice to be published in the Canada Gazette of each standard proposed to be issued by the Minister under subsection 660.6(1), together with notice of the place at which the proposed standard is available, at least thirty days before the proposed effective date of the standard, and any interested person may make representations with respect to the proposed standard to the Minister within those thirty days.
Regulations made under subsection (1) may incorporate standards by reference, including standards issued by the Minister under subsection 660.6(1), as the standards are amended from time to time.
prescribing how standards to be incorporated by reference into the regulations are to be made public.
respecting the designation of oil handling facilities pursuant to subsection 660.2(8); and
respecting the matters referred to in paragraph 660.2(2)(a) or (c) or subsection 660.2(4) or 660.4(1);
implementing the OPRC Convention;
The Governor in Council may make regulations
All regular meetings of the advisory councils shall be conducted in public.
Each advisory council shall advise and may make recommendations to the Commissioner, and may report to the Minister or to any standing committee of either House of Parliament on Fisheries and Oceans or on Environment, and shall receive a response to such report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.
The members of each advisory council may be paid such honoraria as the Commissioner considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the advisory council while absent from their ordinary place of residence.
The advisory council shall elect one of the members of each advisory council to be its president.
Each member of an advisory council shall be appointed to hold office on good behaviour for a term that does not exceed three years and a member is eligible for reappointment.
The members referred to in subsection (3) shall include persons who can represent the general public interest or persons with a knowledge and experience in marine environmental matters.
Each advisory council is composed of no more than seven members who reside in the geographic area in respect of which the advisory council is established, who are appointed to the advisory council by the Commissioner and who, in the opinion of the Commissioner, can represent the various interests likely to be involved in matters referred to in sections 660.1 to 660.9.
The Commissioner may establish other advisory councils as such need may arise.
The Commissioner shall establish at least one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic.
The report laid before Parliament pursuant to subsection (1) stands permanently referred to such committee of Parliament as is established to review such matters.
cause a report setting out the results of that review to be laid before each House of Parliament.
review the operation of sections 660.1 to 660.10, and in particular, the capability of the response organizations to meet the arrangements required by ships and oil handling facilities as set out in paragraphs 660.2(2)(b) and 660.2(4)(b); and
The Minister shall no later than one year after the coming into force of this Act and thereafter every two years,
A pollution prevention officer shall be furnished with a certificate of his designation specifying the powers set out in sections 662 and 672 that are vested in him, and a pollution prevention officer, on exercising any such power, shall, if so required and if the circumstances permit, produce the certificate to any person in authority who is affected thereby and who requires him to do so.
A pollution prevention officer has such of the powers set out in sections 662 and 672 as are specified in the certificate of his designation.
designate any person by name as an analyst.
designate any person, either by name or by title of office, as a pollution prevention officer; and
The Minister may, for the purposes of this Part,
Every ship shall obey directions given by a pollution prevention officer under paragraph (1)(a), (f), (g), (h), (i) or (j).
Compensation shall be paid by the Crown for the services of any ship that has complied with an order issued under subparagraph (1)(h)(iv).
inspect the installations of a response organization for the purposes of ascertaining whether the procedures, equipment and resources referred to in subsection 660.4(1) are available within the meaning of paragraph 660.4(1)(b).
inspect the installations of any person or body that applies for a certificate of designation as a response organization pursuant to subsection 660.4(1) for the purposes of processing an application for a certificate of designation in respect of a response plan; and
inspect the installations of any oil handling facility to determine whether it complies with the requirements of subsection 660.2(4);
go on board any ship and conduct such inspections as will enable the officer to determine whether the ship complies with the requirements of subsection 660.2(2);
direct any response organization to provide reasonable information concerning the response plan that the response organization is required to have by reason of subsection 660.4(1);
direct any ship to provide reasonable information concerning the shipboard oil pollution emergency plan that the ship is required to have pursuant to regulations made under section 658 and direct any operator of any oil handling facility to provide reasonable information concerning the oil pollution emergency plan that the operator is required to have on site pursuant to paragraph 660.2(4)(d);
direct any ship within waters to which this Part applies to take part in the clean up of the pollutant or in any action to control or contain the pollutant;
direct ships within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements, and
direct any ship not to enter or not to leave the emergency zone,
direct all ships within that emergency zone to report their positions to him,
where he is informed that a substantial quantity of a pollutant has entered or been discharged in waters to which this Part applies, or where on reasonable grounds he is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in such waters exists, declare an emergency zone, of an area that is reasonable with regard to the pollution emergency in question, and
direct any ship that is within or about to enter waters to which this Part applies and that he believes on reasonable grounds is carrying a pollutant to proceed through those waters by such route, and at a rate of speed not in excess of such rate, as he may specify;
to remain outside waters to which this Part applies,
to proceed out of waters to which this Part applies by such route and in such manner as he may direct, or
to proceed to such place within waters to which this Part applies as he may select, by such route and in such manner as he may direct, and to moor, anchor or remain at that place for such reasonable time as he may specify,
direct any ship that is within or about to enter waters to which this Part applies
go on board any ship within waters to which this Part applies that he believes on reasonable grounds has discharged a pollutant in contravention of this Part or any regulation made thereunder, and take samples of any pollutant carried on that ship in respect of which he believes on reasonable grounds the contravention has occurred;
go on board a foreign ship to which the Pollution Convention applies, inspect it in accordance with the provisions of the Pollution Convention and take action consequent on such inspection in accordance with the provisions of that Convention;
go on board any foreign ship to which the Pollution Convention does not apply that is within waters to which this Part applies that he believes on reasonable grounds is bound to or from a place in Canada or that is moored at a place in Canada, and conduct such inspections of the ship as will enable him to determine whether the ship complies with any regulations made under this Part or under paragraph 562.1(1)(a) or (b) that are applicable to the ship;
go on board any Canadian ship, whether within or outside waters to which this Part applies, and conduct such inspections of the ship as will enable him to determine whether the ship complies with any regulations made under this Part or under paragraph 562.1(1)(a) or (b) that are applicable to the ship;
any other ship that is about to enter or is within waters to which this Part applies,
any Canadian ship, whether within or outside waters to which this Part applies, or
direct
A pollution prevention officer may
No person shall obstruct or hinder a pollution prevention officer engaged in carrying out his duties and functions under this Part, or knowingly make a false or misleading statement, either orally or in writing, to such an officer.
The master of any ship boarded pursuant to paragraph 662(1)(b), (c), (d), (e) or (k) and every person on board the ship, the operator of every oil handling facility whose installations are inspected pursuant to paragraph 662(1)(l) and every person working at those installations, and every response organization whose installations are inspected pursuant to paragraph 662(1)(m) and every person working at those installations shall give a pollution prevention officer all reasonable assistance to enable the officer to carry out duties and functions under this Part and shall furnish the officer with such information as may be reasonably required.
any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution.
any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and
any precautions taken by the offender to avoid the offence;
the incompetence, negligence or lack of concern of the offender;
whether the offence was deliberate or inadvertent;
whether the pollutant that was discharged was reported on a timely basis as required by regulations made under paragraph 657(1)(a);
the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;
an estimate of the total costs of cleanup, of harm caused, and of best available mitigation measures;
the harm or risk of harm caused by the offence;
In determining the punishment for an offence under subsection (1), the court may have regard to the following factors:
in any other case, to a fine not exceeding one million dollars.
in the case of an individual, to a fine not exceeding one million dollars, to imprisonment for a term not exceeding three years, or to both, and
is guilty of an indictable offence and liable
in any other case, to a fine not exceeding two hundred and fifty thousand dollars; or
in the case of an individual, to a fine not exceeding two hundred and fifty thousand dollars, to imprisonment for a term not exceeding six months, or to both, and
is guilty of an offence punishable on summary conviction and liable
Any person or ship that discharges a pollutant in contravention of any regulation made under section 656
Where an offender is convicted of an offence under this Part, in addition to imposing any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:
requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and preventing the offender from repeating the same offence or committing other offences.
directing the offender to pay an amount for the purposes of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; or
directing the offender to submit to the Minister, on application by the Minister made within three years after the date of conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances;
directing the offender to publish the facts relating to the conviction;
prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence;
Any ship in respect of which a certificate may be issued pursuant to regulations made under subsection 657(2) that enters or proceeds within any waters to which this Part applies without having such a certificate on board is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
in the case of a standard issued by the Minister under subsection 660.6(1), notice of the standard and notice of the place at which the standard is available had been published in the Canada Gazette.
the standard had been made public as required by any regulations made under paragraph 660.9(1)(d); and
No ship or operator of an oil handling facility shall be convicted of an offence under subsection (1) that involves non-compliance with a standard incorporated by reference into a regulation mentioned in subsection 660.2(2) or (4) unless it is proved that at the date of the alleged non-compliance
Any ship or operator of an oil handling facility that fails to comply with subsection 660.2(2) or (4), as the case may be, or section 660.3 is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty thousand dollars.
Any person who contravenes section 663 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
Any person or ship that fails to comply with a direction of a pollution prevention officer given under any of paragraphs 662(1)(a), (f), (g), (h,) (i) and (j) is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
Any person or ship that contravenes any regulation applicable to him or it made under paragraphs 657(1)(a) to (k) and (n) or under section 658 is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
For the purposes of any prosecution of a ship for failing to comply with any requirement, order or direction of a pollution prevention officer, any requirement made or order or direction given by the pollution prevention officer of or to the master or any person on board the ship shall be deemed to have been made of or given to the ship.
In a prosecution of a ship for an offence under this Part, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, other than a pollution prevention officer, whether or not the person on board the ship has been identified.
No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
Subject to this section, a certificate of an analyst stating that he has analyzed or examined a sample submitted to him by a pollution prevention officer and stating the result of his analysis or examination is admissible in evidence in any prosecution for a contravention of any regulation made under subsection 656(1) and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.
Proceedings in respect of an offence under this Part may be commenced within, but not later than, three years after the subject-matter of the offence arose.
Where a ship is charged with having committed an offence under this Part, the summons may be served by leaving it with the master or any officer of the ship or by posting the summons on some conspicuous part of the ship, and the ship may appear by counsel or agent, but if it does not appear, a summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.
Where any person or ship is charged with having committed an offence under this Part, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been so committed.
the cost of the detention and sale
the fine actually imposed, where subsection (9) applies, and
the maximum fine that could have been imposed for the offence, where subsection (8) applies, or
the amount of
Any surplus remaining from the proceeds of a sale under subsection (8) or (9) after deducting
the ship is convicted and a fine is imposed and not paid forthwith,
within thirty days after the day on which the ship was charged with the offence, someone has appeared on behalf of the ship to answer to the charge but security referred to in paragraph (7)(c) has not been given, and
Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and
security referred to in paragraph (7)(c) has not been given,
no one has appeared on behalf of the ship to answer to the charge, and
Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and, thirty days after the day on which the ship was charged with the offence,
proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.
security, satisfactory to the Minister, for payment of the maximum fine that might be imposed as a result of a conviction of a ship charged with that offence, or in such lesser amount as may be approved by the Minister, is given to Her Majesty in right of Canada, or
the ship has been charged with an offence under this Part within the period referred to in paragraph (b) and
the ship has not been charged with an offence under this Part within thirty days after the making of the detention order; or
security satisfactory to the Minister in the amount of one hundred thousand dollars is given to Her Majesty in right of Canada;
A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order shall give clearance in respect of the ship to which the order relates where
Subject to subsection (7), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by the person, give clearance in respect of the ship to which the order relates.
Where, during the term of any detention order made against a ship under this section, the master or owner of the ship gives an order for the ship to depart from Canadian waters, the person giving such order for departure is, if notice of the detention order was served on the master under this section, guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars.
if the ship is within Canadian waters, by leaving a copy thereof with the owner or agent of the owner of the ship residing in Canada or, where no such owner or agent is known or can be found, by fixing a copy thereof to a prominent part of the ship.
by leaving a copy thereof for the master on board the ship with the person who is, or appears to be, in command or charge of the ship, or
if service cannot reasonably be effected in the manner provided in paragraph (a),
by delivering a copy thereof personally to the master; or
Where a detention order under this section is made in respect of a ship, notice thereof shall be served on the master of the ship
A detention order made under subsection (1) shall be in writing and addressed to all persons at any port in Canada where the ship to which the order relates is or will be who are empowered to give a clearance in respect of the ship.
The power to make a detention order under this section may be exercised in waters described in paragraph 655(1)(a) and also in waters to which the Arctic Waters Pollution Prevention Act applies.
Where a pollution prevention officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a ship, he may make a detention order in respect of the ship.
In this Part,
tonne means 1 000 kg.
Ship-source Oil Pollution Fund means the Ship-source Oil Pollution Fund established by section 702;
ship includes any description of vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion;
prescribed means prescribed by regulation;
pollution damage means, in relation to any ship, loss or damage outside the ship caused by contamination resulting from the discharge of a pollutant from that ship;
and, without limiting the generality of the foregoing, includes oil and any substance or any substance of a class of substances that is prescribed for the purposes of Part XV to be a pollutant;
any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
pollutant means
in relation to any other ship, the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to the possession and use of the ship;
where the ship is owned by a state and operated by a company that is registered as the ship’s operator in that state, the company, or
the person owning the ship, or
in relation to a Convention ship, the person registered as the owner of the ship or, where no person is so registered,
owner of a ship means
oil pollution damage means, in relation to any ship, loss or damage outside the ship caused by contamination resulting from the discharge of oil from that ship;
oil, except in sections 716 to 721, means oil of any kind or in any form and, without limiting the generality of the foregoing, includes petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes but does not include dredged spoil;
Limitation of Liability Convention has the meaning assigned to the word “Convention” by section 574;
International Fund means the International Oil Pollution Compensation Fund established by the Fund Convention;
in bulk means in a hold or tank that is part of the structure of the ship, without any intermediate form of containment;
guarantor means a guarantor under a contract of liability insurance or other similar security relating to a ship owner’s liability under section 677;
Fund Convention means the International Convention on the Establishment of the International Fund for Compensation for Oil Pollution Damage, concluded at Brussels on December 18, 1971, as amended by the Protocol of 1976, concluded at London on November 19, 1976, and the Protocol of 1992, concluded at London on November 27, 1992;
discharge of a pollutant from a ship means any discharge of a pollutant from a ship that results, directly or indirectly, in the pollutant entering the water and includes, without limiting the generality of the foregoing, spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping;
on any voyage following any such carriage of such an oil, unless it is proved that there is no residue of the oil on board;
carrying, in bulk as cargo, crude oil, fuel oil, heavy diesel oil, lubricating oil or any other persistent hydrocarbon mineral oil, or
Convention ship means a sea-going ship, wherever registered,
Civil Liability Convention means the International Convention on Civil Liability for Oil Pollution Damage, concluded at Brussels on November 29, 1969, as amended by the Protocol of 1976, concluded at London on November 19, 1976, and the Protocol of 1992, concluded at London on November 27, 1992;
Administrator means the Administrator of the Ship-source Oil Pollution Fund appointed pursuant to section 704;
This Part does not apply to a drilling ship that is on location and engaged in the exploration or exploitation of the sea-bed or its subsoil, in so far as the discharge of the pollutant emanates from those activities.
a ship that has been stranded, wrecked or sunk and any part of a ship that has broken up.
a ship in the process of construction from the time that it is capable of floating; and
In this Part, “ship” includes
Sections 709 and 710 do not apply in respect of actual or anticipated oil pollution damage in an area described in paragraph (2)(c) or (d).
in the exclusive economic zone of a state referred to in paragraph (c) or, if the state has not established an exclusive economic zone, in an area beyond and adjacent to the territorial sea of that state, and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
on the territory or in the territorial sea or internal waters of a state other than Canada that is a party to the Civil Liability Convention; or
in the exclusive economic zone of Canada;
on the territory of Canada or in Canadian waters;
For Convention ships, this Part applies, subject to subsection (3), in respect of actual or anticipated oil pollution damage, irrespective of the location of the actual or expected discharge of the oil and irrespective of the location where any preventive measures are taken,
in the exclusive economic zone of Canada.
on the territory of Canada or in Canadian waters; and
For ships other than Convention ships, this Part applies in respect of actual or anticipated pollution damage, irrespective of the location of the actual or expected discharge of the pollutant and irrespective of the location where any preventive measures are taken,
Where there is any inconsistency between the provisions of this Part and the provisions of the Arctic Waters Pollution Prevention Act or of any regulations made under that Act, the provisions of this Part prevail to the extent of the inconsistency.
[Repealed, 2001, c. 6, s. 126]
The proceeds from any sale or other disposal of a ship or its contents pursuant to paragraph (1)(a) shall be applied towards meeting the costs and expenses incurred in taking the measures under that paragraph, and any surplus shall be paid to the owner of that ship or to the owner of its contents, as the case may be.
where the Minister considers it necessary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking such measures.
monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the ship; or
take such measures as the Minister deems necessary to repair, remedy, minimize or prevent pollution damage from that ship, including the removal or destruction of the ship and its contents, and may sell or otherwise dispose of the ship and its contents;
Where the Minister believes on reasonable grounds that a ship has discharged, is discharging or is likely to discharge a pollutant, the Minister may
Nothing in subsection (1) exempts the owner of a ship from liability under section 677.
No response organization to whom a certificate of designation is issued pursuant to subsection 660.4(1), and no employee or agent of such a response organization, is personally liable, either civilly or criminally, in respect of any act or omission done as a response organization, unless it is shown that the response organization’s, employee’s or agent’s conduct was not reasonable in the circumstances.
A person who is directed to take, or who is prohibited from taking, measures pursuant to paragraph 678(1)(c) is not personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with the direction or doing any thing incidental to it, unless it is shown that the person’s conduct was not reasonable in the circumstances.
[Repealed, 2001, c. 6, s. 127]
Any person who fails to comply with a direction or prohibition of the Minister of Fisheries and Oceans pursuant to paragraph 678(1)(c) is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
[Repealed, 2001, c. 6, s. 128]
The definitions in this section apply in this Part.
Société means the general partnership composed of the members of the CPBSL and called Les Pilotes du Bas Saint-Laurent, or its successor, and includes any predecessor of the Société that carried on similar functions on behalf of those members.
pension plan means the plan established by the CPHQ for the administration of the fund.
fund means the fund established by chapter 12 of the Statutes of the Province of Lower Canada, 1805 (45 George III, c. 12) and continued by chapter 114 of the Statutes of the Province of Canada, 1848-49 (12 Vict., c. 114), as amended.
who, on December 31, 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot.
who became a member of the CPHQ and was licensed by the Authority as a pilot before 1994; or
eligible pilot means a person
CPHQ means the Corporation of Pilots for and below the Harbour of Quebec, established by chapter 123 of the Statutes of the Province of Canada, 1860 (23 Vict., c. 123).
CPBSL means the Corporation of the Lower St. Lawrence Pilots established by letters patent under Part II of the Canada Corporations Act, chapter 53 of the Revised Statutes of Canada, 1952, as amended by chapter 52 of the Statutes of Canada, 1964-65, a body corporate contracting with the Authority for the services of pilots under the Pilotage Act, or any successor of the Corporation that carries on similar functions.
Authority means the Laurentian Pilotage Authority established by subsection 3(1) of the Pilotage Act.
pay from the fund the benefits so determined and any amounts required for the management of the fund.
determine the persons eligible to receive benefits from the fund, the amount they are to receive as benefits, when the payments of the benefits are to commence and the frequency of the payments; and
manage and invest moneys paid into the fund;
determine and receive the amounts payable into the fund by the CPBSL for the purpose of sustaining the fund;
Notwithstanding the provisions of any Act relating to the CPHQ, the CPHQ has, and is deemed to have had at all times, the powers necessary for the administration of the pension plan on behalf of the CPBSL, including the power to
The CPHQ is deemed to be a corporation to which section 158 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, applies.
The Pension Benefits Standards Act, 1985 applies in respect of the pension plan and, for that purpose, the CPBSL is deemed to be the employer of eligible pilots and the administrator of the plan, and eligible pilots are deemed to be employees of the CPBSL.
For the purposes of paragraph 149(1)(o.1) of the Income Tax Act, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan within the meaning of that Act and to have operated at all times solely for that purpose.
For any taxation year in respect of which the pension plan is a registered pension plan for the purposes of the Income Tax Act, sums paid into the fund by the CPBSL shall not be included in the income of an eligible pilot or in the income of the Société for the purposes of that Act.
the pilot’s provisional PSPA, within the meaning of the Income Tax Regulations, with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act.
any pension adjustment of the pilot referred to in paragraph (1)(k); and
For the purposes of Part X.1 of the Income Tax Act, the cumulative excess amount of an eligible pilot in respect of registered retirement savings plans at any time before the month immediately following the month in which this Part comes into force shall be determined as if each of the following amounts were nil:
For greater certainty, paragraph (1)(h) does not apply so as to prevent additional benefits from being provided, by way of an amendment to the pension plan after 1993, in respect of the periods referred to in subparagraph (1)(h)(i).
the requirement of certification under paragraph 147.1(10)(a) of the Income Tax Act does not apply in relation to benefits provided under the pension plan before 1994 in respect of the years 1990, 1991, 1992 and 1993.
the CPHQ shall assume the obligations of the employer under Part LXXXIV of the Income Tax Regulations with respect to eligible pilots; and
if the pension plan is registered under section 147.1 of the Income Tax Act within 120 days, or any longer period that is acceptable to the Minister of National Revenue, after the day on which this Part comes into force, the assets of the fund are deemed to have been transferred to the fund from a registered pension plan;
information returns reporting the pension adjustment so determined must be filed, not later than 90 days after the day on which this Part comes into force, with the Minister of National Revenue in the form and manner authorized by that Minister;
the pension adjustment of an eligible pilot with respect to the CPBSL shall be determined as if the pension plan had been a registered pension plan in that particular year and as if all benefits provided to the pilot for that particular year had accrued on a current-service basis, and
for each particular year that is after 1993 and before the year in which this Part comes into force,
the past service pension adjustment (PSPA) of an eligible pilot with respect to the CPBSL for the year in which this Part comes into force shall be determined as if the eligible pilot’s provisional PSPA with respect to the CPBSL that is associated with the registration of the pension plan under section 147.1 of the Income Tax Act were nil, to the extent that the provisional PSPA relates to benefits provided under the pension plan in respect of years after 1993;
subsection 8504(6) of the Income Tax Regulations does not apply in respect of benefits credited under the pension plan before 1994;
the benefits could have been provided under the terms of the pension plan as they read at the end of 1993;
the periods were credited under the pension plan before 1994, and
for the purposes of paragraph 8503(3)(e) and subsection 8509(3) of the Income Tax Regulations, all benefits provided under the pension plan in respect of periods before 1992 are deemed to be acceptable to the Minister of National Revenue to the extent that
the pension plan is deemed to be a grandfathered plan;
any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL and not by an eligible pilot;
the fees paid to an eligible pilot by the Société, either before or after the coming into force of this Part, are deemed to have been paid by the CPBSL and to be remuneration of the eligible pilot and, for the purposes of section 147.1 of the Income Tax Act, to be part of the pilot’s compensation;
served as an officer of a ship,
was enrolled at the Institut de Marine de Rimouski or any other educational institution accredited by the Authority, or
the period of employment of an eligible pilot by the CPBSL includes any period before 1994 during which the pilot
any period authorized by the CPBSL during which an eligible pilot was not available to perform services as a pilot, otherwise than by reason of illness or disability for more than 12 months, is deemed to be a period throughout which the pilot did not render services to the CPBSL by reason of leave of absence;
an eligible pilot is deemed to have been employed and to have rendered services on a full-time basis throughout any year if the number of pilotage tours credited to the pilot for the year is not less than 90% of the average number of tours for pilots in the year, determined by the Société on the basis of the total number of paid tours for pilots in the year, and is otherwise deemed to have been employed and to have been rendering services on a part-time basis throughout the year, with the proportion of full-time service being determined as the proportion of the number of tours so credited to the average number of tours for pilots;
the CPBSL is deemed to have been the employer of an eligible pilot and an eligible pilot is deemed to have been an employee of the CPBSL throughout any period, either before or after the coming into force of this Part, during which the eligible pilot was a member of the CPBSL and held a pilot’s licence from the Authority, whether suspended or not, or served as an apprentice pilot to obtain a pilot’s licence for District No. 2 designated by the Authority;
For the purposes of the provisions of the Income Tax Act and the Income Tax Regulations that relate to registered pension plans,
The Governor in Council, on the recommendation of the Minister of Finance, may make regulations for carrying out the purposes and provisions of this Part.
Provisions not in the current consolidation
438 provisions mirrored on this date are not in the current consolidation; they could not be placed in document order.
[Repealed, 1992, c. 31, s. 26]
[Repealed, 1992, c. 31, s. 26]
[Repealed, 2001, c. 6, s. 125]
[Repealed, 2001, c. 6, s. 125]
Accident Prevention
Adjudications by Naval Courts on the High Seas and Abroad
Advance and Allotment of Wages
Aircraft
Application
Application of Fines
Application of Part
Application of Part
Application of Part
Application to Air Cushion Vehicles
Application to British Ship Registered Elsewhere than in Canada
Application
Application
Application
Application
Appointment of Receivers of Wrecks
Apprenticeship to the Sea Service
Authorized Representative
Calculation of Ships’ Tonnage
Canadian Register of Ships and Registrars
Carriers of Goods by Water
Certificate from Shipping Master
Certificates
Certificates and Copies
Certification of Masters and Seamen
Changes Affecting Certificate
Civil Liability and Compensation for Pollution
Claims to Wreck
Coming into Force
Conflict of Laws
Custody of Certificates of Registry
Custody of Documents
Damage Occasioned by Foreign Ships
Dangerous Goods
Delegation
Delivery of Documents on Change of Master
Delivery of Goods
Delivery of Goods and Lien for Freight
Depositions in Legal Proceedings
Detention for Non-Compliance or Other Cause
Detention of Ship
Detention of Ship and Distress on Ship
Discharge of Seamen
Discretionary Application of Safety and Load Line Conventions
Disposal of Fines and Limitation of Proceedings
Documents and Forms
Duties and Powers of Port Wardens
Employment of Children and Young Persons
Engagement of Seamen
Engineers
Enticing to Desert and Harbouring Deserters
Entries and Documents
Evidence, Service of Documents, and Declarations
Examinations and Certificates
Exceptional Vessels and Exemptions from Inspection
Facilities for Making Complaints
Fees for Inspections
Fees of Receivers of Wrecks
Foreign Ships
Formal Investigations into Casualties
Gangways and Dock Lights
General
General Offence
General Provisions as to Load Line Ships not Registered in Canada
Her Majesty
Income Tax Act
Incorporation by Reference
Inquiries as to the Competency and Conduct of Officers
Inquiry into Causes of Death
Inspection of Radio Equipment
Inspection of Ships’ Tackle
Inspections by Others
Interim Orders
International Labour Conventions
Interpretation
Interpretation
Interpretation
Interpretation
Interpretation
Interpretation
Interpretation
Jurisdiction
Leaving Port in Default
Legal Proceedings
Licensing of Small Vessels
Lighthouses, Buoys and Beacons, and Sable Island
Limitation of Time for Salvage Proceedings
Limited and other Voyages
Load Lines and Loading
Loading of Timber
Lower St. Lawrence Pilots’ Pensions
Maintenance of Register
Marking
Masters and Seamen
Ministerial Responsibility
Miscellaneous
Mode of Recovering Wages
Mortgages
Names of Ships
Navigation — Collisions — Operation — Limitation of Liability
Notifying Chief Registrar
Objectives
Offence
Offences
Offences and Punishment
Offences Committed at Sea or Abroad
Offences Relating to Certificates
Offences
Offences
Office, Books and Seal of the Port Warden
Officers Acting as Receivers of Wrecks
Official Logs
OPRC Convention
Overloading Passenger Ships
Ownership of Ships
Passage over Adjoining Lands
Payment of Wages
Pension Benefits Standards Act, 1985
Pollution Convention
Pollution Prevention and Response
Pollution Prevention Officers and Analysts
Port Wardens
Port Wardens
Port Wardens
Power of Courts to Rescind Contracts
Power of Master
Powers for Enforcing Compliance with Act
Powers of Ministers
Powers of Receivers of Wrecks
Preliminary Inquiries into Casualties
Procedure
Procedure in Salvage
Production of Certificates
Property of Deceased Seamen
Prosecutions and Punishment
Protection of Seamen from Imposition
Provisions as to Discipline
Provisions for Relief and Repatriation of Distressed Seamen and Seamen Left Behind Abroad
Provisions, Health and Accommodation
Provisions respecting Collisions, etc.
Radio Certificates
Radio Equipment
Reciprocal Arrangements Concerning Certificates
Reciprocal Services Relating to British Ships
Records of Service
Registration, Listing and Recording
Registration, Listing, Recording and Licensing
Regulations
Regulations
Regulations
Regulations
Regulations
Removal of Master by Admiralty Court
Return of Births and Deaths
Return of Lists of Crew
Rights and Obligations
Rights of Seamen in Respect of Wages
Rules and Regulations
Rules, Regulations and Orders
Safety
Safety and Inspection Certificates
Safety of Ships, Passengers and Crews
Safety Precautions
Sale of Ships to Realize Fines Imposed
Sale of Wreck
Salvage
Salvage by Ships Belonging to Her Majesty
Seamen
Security for Customs Duties on Salved Property
Shipping Casualties and Accidents on Ships
Shipping Offices and Shipping Masters
Ships Alleged to be Unseaworthy
Ships in Transit
Short Title
Small Vessels
Special Applications of this Part
Special Provisions as to Load Line Convention Ships Not Registered in Canada
Special Purpose Ships and Special Purpose Personnel
Steamship Inspection Service
Stevedores and Trimmers
Superintendence
Supplemental
Suspension, Cancellation and Reinstatement of Registration
Transfers of Ships or Shares in Ships
Transitional
Transmission and Publication of Documents
Unclaimed Wreck
Vessel Traffic Services
Wreck
Wrecks, Salvage and Investigations into Shipping Casualties
[Repealed, R.S., 1985, c. 6 (3rd Supp.), s. 86]
Particulars to be registered by Master of a Ship concerning a Birth at Sea
Date of birth.
Name (if any) and sex of the child.
Name and surname, rank, profession or occupation of the father.
Name and surname, and maiden surname of the mother.
Nationality and last place of abode of the father and mother.
Particulars to be registered by Master of a Ship concerning a Death at Sea
Date of death.
Name and surname.
Sex.
Age.
Rank, profession or occupation.
Nationality and last place of abode.
Cause of death.
Particulars to be stated both by the salvor and by the master or other person in charge of the vessel, cargo or property saved:
the place, condition and circumstances in which the vessel, cargo or property was at the time when the services were rendered for which salvage is claimed; and
the nature and duration of the services rendered.
(N.B. — Any of the particulars not known, or not required, by reason of the Claim being only against the cargo, &c., may be omitted.)
Additional particulars to be stated by the salvor:
the proportion of the value of the vessel, cargo and property, and of the freight that he claims for salvage, or the values at which he estimates the vessel, freight, cargo and property respectively, and the several amounts that he claims for salvage in respect of the same; and
any other circumstances he thinks relevant to the claim.
Whereas certain salvage services are alleged to have been rendered by the vessel (names of vessel and of commander), commander, to the merchant vessel (names of vessel and master) master, belonging to (name and place of business or residence of owner of vessel), freighted by (name of the freighter), and to the cargo therein, consisting of (state very shortly the descriptions and quantities of the goods, and the names and addresses of their owners and consignees);
Additional particulars to be stated by the master or other person in charge of the vessel, cargo or property:
a copy of the certificate of registry of the vessel, and of the indorsements thereon, stating any change that, to his knowledge or belief, has occurred in the particulars contained in the certificate; and stating also, to the best of his knowledge and belief, the state of the title to the vessel for the time being, and of the encumbrances and certificates of mortgage or sale, if any, affecting the vessel, and the names and places of business of the owners and encumbrancers;
the name and place of business or residence of the freighter (if any) of the vessel, and the freight to be paid for the voyage on which it then is;
a general account of the quantity and nature of the cargo at the time the salvage services were rendered;
the name and place of business or residence of the owner of the cargo and of the consignee thereof;
the values at which the master or person making the statement estimates the vessel, cargo and property, and the freight respectively, or if he thinks fit, in lieu of the estimated value of the cargo, a copy of the vessel’s manifest;
the amounts that the master thinks should be paid as salvage for the services rendered;
an accurate list of the property saved in cases where the vessel is not saved;
an account of the proceeds of the sale of the vessel, cargo or property, in cases where the same or any of them are sold at the port where the statement is made;
the number, capacities and condition of the crew of the vessel at the time when the services were rendered; and
any other circumstances he thinks relevant to the matters in question.
And whereas the vessel and cargo have been brought into the port of (name and situation of port), and a statement of the salvage claim has been sent to (name of the consular officer or judge of any court exercising Admiralty jurisdiction in any Commonwealth country and of the office he fills), and he has fixed the amount to be inserted in this bond at the sum of (state the sum);
Now I, the said (master’s name), do hereby, in pursuance of the Canada Shipping Act, bind the several owners for the time being of the said vessel and of the cargo therein and of the freight payable in respect of that cargo and their respective heirs, executors and administrators, to pay among them such sum not exceeding the said sum of (state the sum fixed), in such proportions and to such persons as (if the parties agree on any other court, substitute the name of it here), the Federal Court shall adjudge to be payable as salvage for the services so alleged to have been rendered as aforesaid.
In witness whereof I have hereunto set my hand and seal, this (date).
Signed, sealed and delivered by the said (master’s name).
........................
In the presence of (name of consular officer or judge of any court exercising Admiralty jurisdiction in any Commonwealth country and of the office he fills).
Fees of Receiver of Wrecks
Maximum Fees To Be Charged By Receivers Of Wrecks In Addition To Expenses Properly And Necessarily Incurred 1 For every inquiry instituted by a receiver of wrecks with respect to any shipping casualty, whatever is the number of persons examined, a fee to be charged on the vessel or cargo in respect of which the examination is instituted, not exceeding$8.00 2 For furnishing copy of evidence, per one hundred words 0.20 3 For every salvage dispute heard and determined by the receiver of wrecks, in which the claim does not exceed one hundred dollars, or the value of the property saved does not exceed two hundred and fifty dollars, a sum to be charged on the property saved not exceeding 5.00 4 For all other cases in which salvage disputes are heard and determined by the receiver of wrecks to be charged on the property saved 10.00 5 For wreck received or taken by the receiver of wrecks into his custody, a percentage of five per cent on the value thereof: But so that in no case shall the whole amount of percentage so payable exceed eighty dollars, to be charged on the wreck or derelict. 6 For every sale of wreck conducted by a receiver of wrecks, a sum not exceeding one per cent on the value thereof to be charged on the proceeds of sale. 7 For copies of certificates of valuation, when the value of the property is under three thousand dollars, a sum not exceeding 4.00 In other cases, to be charged on the property valued 8.00 8 In cases where any services are rendered by a receiver of wrecks in respect of any vessel in distress, not being wrecked, or in respect of the cargo or other articles belonging thereto, the following fees instead of a percentage: If the vessel with its cargo equals or exceeds in value three thousand dollars, the sum of eight dollars for the first day, and the sum of four dollars for every subsequent day during which the receiver of wrecks is employed on such service, but if the vessel, with its cargo, is less in value than three thousand dollars, one-half of the above mentioned sums; But so that in no case shall the whole amount exceed one hundred dollars, to be charged on such vessel or articles.
[Repealed, 1998, c. 16, s. 21]
INTERNATIONAL CONVENTION ON SALVAGE, 1989
THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,
Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.
when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;
Vessel means any ship or craft, or any structure capable of navigation.
when the salvage operations take place in inland waters and no vessel is involved;
Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.
when all interested parties are nationals of that State;
Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.
Payment means any reward, remuneration or compensation due under this Convention.
the skill and efforts of the salvors in salving the vessel, other property and life;
Organization means the International Maritime Organization.
the time used and expenses and losses incurred by the salvors;
Secretary-General means the Secretary-General of the Organization.
the risk of liability and other risks run by the salvors or their equipment;
the promptness of the services rendered;
the availability and use of vessels or other equipment intended for salvage operations;
the state of readiness and efficiency of the salvor’s equipment and the value thereof.
THE STATES PARTIES TO THE PRESENT CONVENTION,
IN ADOPTING the International Convention on Salvage, 1989 (hereinafter referred to as “The Convention”),
to co-operate fully with him during the course of the salvage operations;
inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:
each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;
the date of the entry into force of this Convention;
the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;
any amendment adopted in conformity with article 32;
the receipt of any reservation, declaration or notification made under this Convention;
in so doing, to exercise due care to prevent or minimize damage to the environment; and
transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.
when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
accession.
RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,
CONSIDERING IT DESIRABLE that as many States as possible should become Parties to the Convention,
NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,
RECOGNIZING that the entry into force of the Convention will represent an important additional factor for the protection of the marine environment,
CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,
CONSIDERING that the international publicizing and wide implementation of the Convention is of the utmost importance for the attainment of its objectives,
CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,
I RECOMMENDS:
that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia;
that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study.
HAVE AGREED as follows:
II REQUESTS:
Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention;
Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and
the Organization to notify Member States of any communication it may receive under paragraph II(a).
Text of Articles 1 to 15 of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976
1. The Convention and this Protocol shall, as between the Parties to this Protocol, be read and interpreted together as one single instrument.
2. The term “shipowner” shall mean the owner, charterer, manager and operator of a seagoing ship.
2. A State which is Party to this Protocol but not a Party to the Convention shall be bound by the provisions of the Convention as amended by this Protocol in relation to other States Parties hereto, but shall not be bound by the provisions of the Convention in relation to States Parties only to the Convention.
3. Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).
3. The Convention as amended by this Protocol shall apply only to claims arising out of occurrences which take place after the entry into force for each State of this Protocol.
4. If any claims set out in Article 2 are made against any person for whose act, neglect or default the shipowner or salvor is responsible, such person shall be entitled to avail himself of the limitation of liability provided for in this Convention.
4. Nothing in this Protocol shall affect the obligations of a State which is a Party both to the Convention and to this Protocol with respect to a State which is a Party to the Convention but not a Party to this Protocol.
5. In this Convention the liability of a shipowner shall include liability in an action brought against the vessel herself.
5. When acting on a proposal to amend the limits, the Legal Committee shall take into account the experience of incidents and, in particular, the amount of damage resulting therefrom, changes in the monetary values and the effect of the proposed amendment on the cost of insurance.
6. An insurer of liability for claims subject to limitation in accordance with the rules of this Convention shall be entitled to the benefits of this Convention to the same extent as the assured himself.
6.(a) No amendment of the limits under this article may be considered less than five years from the date on which this Protocol was opened for signature nor less than five years from the date of entry into force of a previous amendment under this article.
7. The act of invoking limitation of liability shall not constitute an admission of liability.
7. Any amendment adopted in accordance with paragraph 4 shall be notified by the Organization to all Contracting States. The amendment shall be deemed to have been accepted at the end of a period of eighteen months after the date of notification, unless within that period not less than one-fourth of the States that were Contracting States at the time of the adoption of the amendment have communicated to the Secretary-General that they do not accept the amendment, in which case the amendment is rejected and shall have no effect.
8. An amendment deemed to have been accepted in accordance with paragraph 7 shall enter into force eighteen months after its acceptance.
9. All Contracting States shall be bound by the amendment, unless they denounce this Protocol in accordance with paragraphs 1 and 2 of article 12 at least six months before the amendment enters into force. Such denunciation shall take effect when the amendment enters into force.
10. When an amendment has been adopted but the eighteen-month period for its acceptance has not yet expired, a State which becomes a Contracting State during that period shall be bound by the amendment if it enters into force. A State which becomes a Contracting State after that period shall be bound by an amendment which has been accepted in accordance with paragraph 7. In the cases referred to in this paragraph, a State becomes bound by an amendment when that amendment enters into force, or when this Protocol enters into force for that State, if later.
claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
to exclude the application of article 2, paragraphs 1(d) and (e);
2 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 800 Units of Account;
for each ton from 30,001 to 70,000 tons, 600 Units of Account; and
for each ton in excess of 70,000 tons, 400 Units of Account,
according to the law of that State, ships intended for navigation on inland waterways;
30 million monetary units for a ship with a tonnage not exceeding 2,000 tons;
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 12,000 monetary units;
for each ton from 30,001 to 70,000 tons, 9,000 monetary units; and
for each ton in excess of 70,000 tons, 6,000 monetary units; and
when that State has established under its national legislation a higher limit of liability than that otherwise provided for in Article 6; or
air-cushion vehicles;
claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
to exclude claims for damage within the meaning of the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 or of any amendment or Protocol thereto.
No other reservations shall be admissible to the substantive provisions of this Convention.
2. Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.
1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons,
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 400 Units of Account;
for each ton from 30,001 to 70,000 tons, 300 Units of Account; and
for each ton in excess of 70,000 tons, 200 Units of Account.
2. Where the amount calculated in accordance with paragraph 1(a) is insufficient to pay the claims mentioned therein in full, the amount calculated in accordance with paragraph 1(b) shall be available for payment of the unpaid balance of claims under paragraph 1(a) and such unpaid balance shall rank rateably with claims mentioned under paragraph 1(b).
3. However, without prejudice to the right of claims for loss of life or personal injury according to paragraph 2, a State Party may provide in its national law that claims in respect of damage to harbour works, basins and waterways and aids to navigation shall have such priority over other claims under paragraph 1(b) as is provided by that law.
4. The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering salvage services, shall be calculated according to a tonnage of 1,500 tons.
5. For the purpose of this Convention the ship’s tonnage shall be the gross tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.
ships of less than 300 tons.
A State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national legislation or of the fact that there are none.
3. A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to claims arising in cases in which interests of persons who are nationals of other States Parties are in no way involved.
3 bis. Notwithstanding the limit of liability prescribed in paragraph 1 of Article 7, a State Party may regulate by specific provisions of national law the system of liability to be applied to claims for loss of life or personal injury to passengers of a ship, provided that the limit of liability is not lower than that prescribed in paragraph 1 of Article 7. A State Party which makes use of the option provided for in this paragraph shall inform the Secretary-General of the limits of liability adopted or of the fact that there are none.
4. The Courts of a State Party shall not apply this Convention to ships constructed for, or adapted to, and engaged in, drilling:
15 million monetary units for a ship with a tonnage not exceeding 2,000 tons;
for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
for each ton from 2,001 to 30,000 tons, 6,000 monetary units;
for each ton from 30,001 to 70,000 tons, 4,500 monetary units; and
for each ton in excess of 70,000 tons, 3,000 monetary units; and
when that State has become party to an international convention regulating the system of liability in respect of such ships.
In a case to which sub-paragraph (a) applies that State Party shall inform the depositary accordingly.
5. This Convention shall not apply to:
No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as amended by this Protocol increased by six per cent per year calculated on a compound basis from the date on which this Protocol was opened for signature.
floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof.
claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connexion with the operation of the ship or salvage operations;
against the salvor or salvors who are not operating from a ship or who are operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible.
2. The limits of liability determined in accordance with Article 7 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the person or persons mentioned in paragraph 2 of Article 1 in respect of the ship referred to in Article 7 and any person for whose act, neglect or default he or they are responsible.
at the port of discharge in respect of damage to cargo; or
Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs (a) and (b) of this paragraph.
3. The monetary unit referred to in paragraph 2 corresponds to sixty-five and a half milligrammes of gold of millesimal fineness nine hundred. The conversion of the amounts referred to in paragraph 2 into the national currency shall be made according to the law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph 1 and the conversion mentioned in paragraph 3 shall be made in such a manner as to express in the national currency of the State Party as far as possible the same real value for the amounts in Articles 6 and 7 as is expressed there in units of account. States Parties shall communicate to the depositary the manner of calculation pursuant to paragraph 1, or the result of the conversion in paragraph 3, as the case may be, at the time of the signature without reservation as to ratification, acceptance or approval, or when depositing an instrument referred to in Article 16 and whenever there is a change in either.
No limit may be increased so as to exceed an amount which corresponds to the limit laid down in the Convention as amended by this Protocol multiplied by three.
claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;
claims against the shipowner of a nuclear ship for nuclear damage;
in the State where the arrest is made.
3. The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and the fund is actually available and freely transferable in respect of that claim.
claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;
claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in Article 6.
claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.
2. Claims set out in paragraph 1 shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraph 1(d), (e) and (f) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.
is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
the Minister may grant the certificate.
is guilty of an indictable offence.
the Minister shall, subject to subsection (2), cause a replacement of the original certificate or document to be made out, certified and delivered to that master or seaman.
I, .........., do swear that I will faithfully perform the duties of shipping master (or deputy shipping master, or as the case may be) according to the true intent and meaning of Part III of the Canada Shipping Act, that I will not, either directly or indirectly, personally, or by means of any other person or persons on my behalf, receive any fee, reward or gratuity by reason of any function of my office as shipping master (or deputy shipping master, or as the case may be), except such as are authorized by the Minister and allowed to me under that Part, and that I will act without partiality, favour or affection, and to the best of my knowledge. So help me God.
is guilty of an indictable offence.
is guilty of an indictable offence.
the seaman shall receive, by way of compensation for that reduction or bad quality, according to the time of its continuance, the following sums to be paid to him in addition to, and to be recoverable as wages:
allow the complainant to go ashore or send him ashore in proper custody, or, in the case of complaint to a naval officer, to the ship of that officer, so that he may make his complaint.
is guilty of an indictable offence.
does not amount to desertion or is not treated as such by the master, guilty of the offence of absence without leave and liable to forfeit out of his wages a sum not exceeding two days pay and in addition, for every twenty-four hours of absence, either a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute.
shall make out and sign a list, in this Act referred to as the “list of the crew”, in a form approved by the Minister and containing the following particulars:
and the shipping master shall give to the master or owner a certificate of that delivery or transmission, and the ship may be detained until the certificate is produced, and an officer of customs shall not clear inward any foreign-going ship until the certificate is produced.
and a person so appointed shall be referred to in this Act as a “steamship inspector”.
I, ........, do solemnly swear that I will well, faithfully and impartially, to the best of my judgment, skill and understanding, execute the duties assigned to the office of steamship inspector. So help me God.
if made at a place outside Canada may, subject to the regulations, be deemed to have been made by a steamship inspector, and the report of that surveyor or inspector may be delivered to a steamship inspector who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.
or until such earlier date that notice that the certificate is cancelled is given by the Chairman to the owner or master.
the certificate has effect for the purpose of that voyage as if it were modified in accordance with the memorandum.
the Minister may dispense with the inspection mentioned in paragraph (1)(b) in respect of that ship.
and any valid Exemption Certificate that has been issued in respect of the ship.
the steamship shall not be loaded so that the appropriate subdivision load line is submerged.
he may direct that the ship be subdivided to such greater extent as appears to him to be practicable and expedient in the interests of safety.
but such regulations may impose stricter standards than those set out in the relevant Code.
nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
unless that ship is fitted with a ship station that complies with the requirements prescribed by the regulations for that class of ship and has on board operators in such number and having such qualifications as are prescribed by the regulations.
may by order in council make a declaration to that effect.
he is guilty of an offence and liable to a fine not exceeding five hundred dollars.
and that the provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this Part and is equally effective, the Governor in Council may direct that Load Line Certificates issued pursuant to that provision in respect of British ships, or that class or description of British ships, registered in that Commonwealth country, or in respect of ships, or that class or description of ships, of that foreign country, as the case may be, have the same effect for the purpose of this Part as Special Load Line Certificates issued in Canada pursuant to this section.
nor does subsection (2.1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (2.1) would therefore be prejudicial to the public interest.
he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars and is further liable to pay compensation for any labour undertaken, risk incurred or loss sustained, in consequence of the signal having been supposed to be a signal of distress or urgency, and that compensation may, without prejudice to any other remedy, be recovered in the same manner in which salvage is recoverable.
is guilty of an offence and liable
he shall order, orally or otherwise, the owner, master and other person in charge of the loading or unloading of the ship or to any of them, to cease the operation of loading or unloading the ship.
the justice of the peace may issue a warrant under his hand authorizing the officer or person referred to in section 480 named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.
I, ..........., do swear (or solemnly affirm) that I will perform the duties of commissioner (or assessor) under the Canada Shipping Act, and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God.
he may, with respect to either a certificate granted in Canada or a certificate granted in any other Commonwealth country in so far only as concerns its validity in Canada, suspend or cancel the certificate of competency or service of the master or mate or the certificate of the engineer.
for the purpose of protecting persons, ships, artificial islands, installations, structures, works or shore areas.
nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
shall comply with any instruction or direction relating to routing systems, navigation limitations and prohibitions or other shipping measures that is given or issued under the authority of this Act or the regulations and contained in Notices to Mariners published by the Canadian Coast Guard or in Notices to Shipping broadcast or published by the Canadian Coast Guard.
shall be admitted in evidence and, in the absence of evidence to the contrary, is proof that the instruction or direction was broadcast by the Canadian Coast Guard.
is guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars where the contravention is in respect of a ship or vessel twenty metres or less in length, or to a fine not exceeding one hundred thousand dollars where the contravention is in respect of a ship or vessel exceeding twenty metres in length.
where he believes on reasonable grounds that any of the following circumstances exist, namely,
the master may nevertheless proceed on his route, but shall take all reasonable measures to communicate with a marine traffic regulator as soon as possible.
the master may nevertheless proceed on his route, but shall take all reasonable measures to report the occurrence to a marine traffic regulator as soon as possible, and shall proceed to the nearest reasonably safe port or anchorage on his route where the radio equipment can be repaired.
is, subject to subsection (2), guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars where the contravention is in respect of a ship twenty metres or less in length, or to a fine not exceeding fifty thousand dollars where the contravention is in respect of a ship exceeding twenty metres in length.
but in the latter case the lien shall be discharged without prejudice to any other remedy that the owner of the ship may have for the recovery of the freight.
and the surplus, if any, shall be paid to the owner of the goods.
and any officer of customs or other officer to whom the order is directed shall detain the ship accordingly.
that consular officer may inquire into the case on oath, and may, if the case so requires, take any steps in his power for the purpose of placing the offender under the necessary restraint and of sending him as soon as practicable in safe custody to Canada.
and where an order is made under subsection (1), the officer to whom the order is directed shall detain the ship accordingly.
and no such article consigned to or destined for any such port or place shall be taken on board or carried in a Canadian ship.
the Governor in Council may direct that any of those provisions of this Act do not apply to any ship of that country while within a port of Canada, if it is proved that the ship complies with the corresponding provisions of the law of that country applicable to that ship.
without the consent of both parties to the complaint or information, or the consent in writing of the consul, vice-consul or commercial or other duly accredited agent of the country to which the ship belongs, unless the parties to the complaint or information are subjects or citizens of a country in respect of which, by the terms of treaties in force between Her Majesty and the government of that country, it is stipulated that the assistance of Canadian courts and magistrates shall be granted to the subjects or citizens of that country, or unless one of the parties is a subject or citizen of that country and the other is a subject of Her Majesty.
that are not within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act; and
and prescribing the person or persons by whom such records shall be kept;
nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
to provide him with reasonable information concerning the condition of the ship, its equipment, radio equipment or machinery, the nature and quantity of its cargo and fuel and the manner in which and the locations in which the cargo and fuel of the ship are stowed and any other reasonable information that he considers appropriate for the administration of this Part;
if the pollution prevention officer believes on reasonable grounds that the ship fails to comply with any provision of this Part or of any regulations made under this Part or under paragraph 562.1(a) or (b) that is or may be applicable to it, or if that officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or any of its equipment, or any deficiency in its complement or the nature and condition of its cargo, that such a direction is justified to prevent the discharge of a pollutant;
the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to that ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
shall be paid over to the former owner of the ship.
to the extent that the period was credited under the pension plan before 1994;
The definition “dynamically supported craft” in section 2, and sections 3 and 632 to 632.4, shall come into force on a day or days to be fixed by proclamation.[Note: The definition “dynamically supported craft” in section 2, and sections 3 and 632 to 632.4 not in force.]
Statements in the Case of Salvage by Government Ships Salvage Bond
Forms 1 to 4
Chapter I — General Provisions Definitions Application of the Convention Platforms and drilling units State-owned vessels Salvage operations controlled by public authorities Salvage contracts Annulment and modification of contracts Chapter II - Performance of Salvage Operations Duties of the salvor and of the owner and master Rights of coastal States Duty to render assistance Co-operation Chapter III - Rights of Salvors Conditions for reward Criteria for fixing the reward Special compensation Apportionment between salvors Salvage of persons Services rendered under existing contracts The effect of salvor’s misconduct Prohibition of salvage operations Chapter IV - Claims and Actions Maritime lien Duty to provide security Interim payment Limitation of actions Interest State-owned cargoes Humanitarian cargoes Publication of arbitral awards Chapter V - Final Clauses Signature, ratification, acceptance, approval and accession Entry into force Reservations Denunciation Revision and amendment Depositary Languages Attachment 1 Common Understanding concerning Articles 13 and 14 of the International Convention on Salvage, 1989 Attachment 2 Resolution requesting the amendment of the York-Antwerp Rules, 1974 Attachment 3 Resolution on international co-operation for the implementation of the International Convention on Salvage, 1989
Part I CHAPTER 1. THE RIGHT OF LIMITATION Persons entitled to limit liability Claims subject to limitation Claims excepted from limitation Conduct barring limitation Counterclaims CHAPTER II. LIMITS OF LIABILITY The general limits The limit for passenger claims Unit of Account Aggregation of claims Limitation of liability without constitution of a limitation fund CHAPTER III. THE LIMITATION FUND Constitution of the fund Distribution of the fund Bar to other actions Governing law CHAPTER IV. SCOPE OF APPLICATION Part II Reservations Amendment of limits Article 9