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

Marginal note:Contravention of subsection 110(2)

122 Every person who contravenes subsection 110(2) (submerged load lines) commits an offence and is liable on summary conviction to a fine of not more than $500,000 in respect of each centimetre or part of a centimetre that the applicable load line is submerged or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of Act

• 123 (1) Every person commits an offence who contravenes

  • (a) a direction given under subsection 114(1) (direction to cease — crew);

  • (b) subsection 115(1) (passenger to comply with direction);

  • (c) subsection 115(2) (passenger to comply with direction to leave vessel);

  • (d) paragraph 116(a) (boarding or attempting to board without permission); or

  • (e) paragraph 116(b) (boarding or attempting to board after safety barriers are in place).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:When compliance agreement in effect

124 If an offence under any of sections 121 to 123 is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with a provision referred to in subsection 121(1), section 122 or subsection 123(1) will be carried out by the authorized representative or a person or an organization acting on their behalf, the amount of any fine imposed under that section may be doubled.

PART 5Navigation Services

Interpretation

Marginal note:Definitions

125 The definitions in this section apply in this Part.

aid to navigation

aid to navigation means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation. (aide à la navigation)

Minister

Minister means the Minister of Fisheries and Oceans. (ministre)

VTS Zone

VTS Zone means a Vessel Traffic Services Zone established under paragraph 136(1)(a). (zone STM)

Vessel Traffic Services

Marginal note:Entering, leaving or proceeding within a VTS Zone

• 126 (1) Subject to subsection (4), no vessel of a prescribed class shall

  • (a) enter, leave or proceed within a VTS Zone without having previously obtained a clearance under this section; or

  • (b) proceed within a VTS Zone unless able to maintain direct communication with a marine communications and traffic services officer in accordance with the regulations.

• Marginal note:Marine communications and traffic services officers

  (2) The Minister may designate as marine communications and traffic services officers persons in the federal public administration who meet the requirements specified by the Minister.

• Marginal note:Powers of officers

  (3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,

  • (a) grant a clearance to the vessel to enter, leave or proceed within the VTS Zone;

  • (b) direct the master, pilot or person in charge of the deck watch of the vessel to provide, in the manner and at any time that may be specified in the direction, any pertinent information in respect of the vessel that may be specified in the direction;

  • (c) direct the vessel to use any radio frequencies in communications with coast stations or any other vessel that may be specified in the direction; and

  • (d) direct the vessel, at the time, between the times or before or after any event that may be specified in the direction,

    • (i) to leave the VTS Zone,

    • (ii) to leave or refrain from entering any area within the VTS Zone that may be specified in the direction, or

    • (iii) to proceed to or remain at any location within the VTS Zone that may be specified in the direction.

• Marginal note:If vessel unable to communicate

  (4) If a vessel

  • (a) is unable to obtain a clearance required by subsection (1) because of an inability to establish direct communication with a marine communications and traffic services officer, or

  • (b) after obtaining a clearance, is unable to maintain direct communication with a marine communications and traffic services officer,

  the vessel may, subject to subsection (6), nevertheless proceed on its route.

• Marginal note:Communication and obtaining clearance

  (5) The master shall

  • (a) in the circumstances described in subsection (4), take all reasonable measures to communicate with a marine communications and traffic services officer as soon as possible; and

  • (b) in the circumstances described in paragraph (4)(a), obtain a clearance as soon as possible after direct communication is established.

• Marginal note:Equipment failure

  (6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall

  • (a) if it is in a port or anchorage where the equipment can be repaired, remain there until it is able to establish communication in accordance with the regulations; and

  • (b) if it is not in a port or anchorage where the equipment can be repaired, proceed to the nearest reasonably safe port or anchorage on its route when it is safe to do so and remain there until it is able to establish communication in accordance with the regulations.

Marginal note:Variations from requirements or conditions

• 127 (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(1)(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.

• Marginal note:Contravention

  (2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.

Aids to Navigation

Marginal note:Aids to navigation vest in Her Majesty

128 All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.

Marginal note:Obligation to report damage

• 129 (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

• Marginal note:Obligation to report — navigation hazard

  (2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

Search and Rescue

Marginal note:Designation — search and rescue mission coordinators

• 130 (1) The Minister may designate persons as search and rescue mission coordinators to organize search and rescue operations.

• Marginal note:Powers — search and rescue mission coordinators

  (2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters, in the exclusive economic zone of Canada or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may

  • (a) direct all vessels within an area that the search and rescue mission coordinator specifies to report their positions;

  • (b) direct any vessel to take part in a search for that person, vessel or aircraft or to otherwise render assistance;

  • (c) give any other directions that the search and rescue mission coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

  • (d) use any lands if it is necessary to do so for the purpose of saving the life of a shipwrecked person.

• Marginal note:Duty to comply

  (3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).

Marginal note:Answering distress signal

• 131 (1) Subject to this section, the master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

• Marginal note:Distress signal — no assistance

  (2) If the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to the assistance of a person, a vessel or an aircraft in distress, the master is not required to proceed to their assistance and is to enter the reason in the official log book of the vessel.

• Marginal note:Ships requisitioned

  (3) The master of any vessel in distress may requisition one or more of any vessels that answer the distress call to render assistance. The master of a requisitioned vessel in Canadian waters and every qualified person who is the master of a requisitioned vessel in any waters shall continue to proceed with all speed to render assistance to the vessel in distress.

• Marginal note:Release from obligation

  (4) The master of a vessel shall be released from the obligation imposed by subsection (1) when the master learns that another vessel is complying with a requisition referred to in subsection (3).

• Marginal note:Further release

  (5) The master of a vessel shall be released from an obligation imposed by subsection (1) or (3) if the master is informed by the persons in distress or by the master of another vessel that has reached those persons that assistance is no longer necessary.

Marginal note:Assistance

132 The master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

Marginal note:Aircraft treated as if vessel

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

134 [Repealed, 2013, c. 28, s. 9]

Enforcement

Marginal note:Designation

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

• Marginal note:Designation — Minister of Transport

  (1.1) The Minister of Transport may designate any person or class of persons for the purposes of enforcing a provision of this Part or of a regulation made under this Part that the Minister of Transport is responsible for administering.

• Marginal note:Stopping and boarding vessel

  (2) A person, or a member of a class of persons, designated under subsection (1) or (1.1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.

Regulations

Marginal note:Regulations — Minister of Transport

• 136 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

  • (a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

  • (b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

  • (c) respecting the conditions under which a clearance under section 126 is to be granted;

  • (d) defining the expression about to enter for the purpose of this Part;

  • (e) respecting aids to navigation in Canadian waters;

  • (f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;

  • (g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

  • (h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and

  • (i) prescribing anything that may be prescribed under this Part.

• Marginal note:Regulations — Minister

  (2) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) and (b) [Repealed, 2013, c. 28, s. 10]

  • (c) respecting maritime search and rescue.

• Marginal note:Order — Minister of Transport

  (3) The Minister of Transport may, by order, suspend or modify the operation of regulations made under paragraph (1)(f) or (g).

• Marginal note:Cessation of effect of order

  (4) An order made under subsection (3) has effect from the time that it is made or from any later date that may be specified in the order but ceases to have effect on the earliest of

  • (a) the day on which it is repealed;

  • (b) the day on which a regulation made under this Act that has the same effect as the order comes into force; and

  • (c) two years after the effective date of the order or any shorter period that may be specified in the order.

• Marginal note:Statutory Instruments Act

  (5) The Statutory Instruments Act does not apply to an order made under subsection (3). However, the order must be published in the Canada Gazette within 23 days after it is made.