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

Offences and Punishment

Marginal note:Contravention of Act

• 137 (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) subsection 131(1) (assist persons in distress);

  • (b) subsection 131(3) (comply with requisition to assist person in distress); or

  • (c) section 132 (assist a person found at sea).

• Marginal note:Punishment

  (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Defence

  (3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.

Marginal note:Contravention of Act or regulations

• 138 (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

  • (b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

  • (c) a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

  • (d) paragraph 126(5)(a) (take all reasonable measures to communicate);

  • (e) paragraph 126(5)(b) (obtain clearance);

  • (f) subsection 126(6) (remain at port or proceed to safe port);

  • (g) subsection 129(1) (report disturbance of aid to navigation);

  • (h) subsection 129(2) (report navigation hazard);

  • (i) subsection 130(3) (comply with direction of search and rescue mission coordinator); or

  • (j) a provision of the regulations made under this Part.

• Marginal note:Punishment

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

• Marginal note:Defence available in certain cases

  (3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

• Marginal note:Vessel may be detained

  (4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

139 [Repealed, 2013, c. 28, s. 11]

PART 6Incidents, Accidents and Casualties

Interpretation

Marginal note:Definition of Minister

140 In this Part, Minister means the Minister of Transport.

141 [Repealed, 2019, c. 1, s. 143]

142 [Repealed, 2019, c. 1, s. 143]

143 [Repealed, 2019, c. 1, s. 143]

144 [Repealed, 2019, c. 1, s. 143]

145 [Repealed, 2019, c. 1, s. 143]

146 [Repealed, 2019, c. 1, s. 143]

147 [Repealed, 2019, c. 1, s. 143]

Obligations in Case of Collisions

Marginal note:Duty of masters in collision

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

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

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

Inquiry into Causes of Death

Marginal note:Inquiry into cause of death on board

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

• Marginal note:Powers of Minister

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

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

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

• Marginal note:Warrant required to enter living quarters

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

• Marginal note:Authority to issue warrant

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

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

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

• Marginal note:Use of force

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

Regulations

Marginal note:Regulations — Minister

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

  • (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

  • (b) [Repealed, 2019, c. 1, s. 144]

  • (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

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

• (2) [Repealed, 2019, c. 1, s. 144]

Offences and Punishment

Marginal note:Contravention of paragraph 148(a) or the regulations

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

  • (a) paragraph 148(a) (render assistance after a collision); or

  • (b) a provision of the regulations made under paragraph 150(1)(a).

• 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 $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of Act or regulations

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

  • (a) paragraph 148(b) (failure to provide information after a collision); or

  • (b) a provision of the regulations made under paragraph 150(1)(c).

• 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 $25,000.

PART 7[Repealed, 2019, c. 1, s. 146]

153 [Repealed, 2019, c. 1, s. 146]

154 [Repealed, 2019, c. 1, s. 146]

155 [Repealed, 2019, c. 1, s. 146]

156 [Repealed, 2019, c. 1, s. 146]

157 [Repealed, 2019, c. 1, s. 146]

158 [Repealed, 2019, c. 1, s. 146]

159 [Repealed, 2019, c. 1, s. 146]

160 [Repealed, 2019, c. 1, s. 146]

161 [Repealed, 2019, c. 1, s. 146]

162 [Repealed, 2019, c. 1, s. 146]

163 [Repealed, 2019, c. 1, s. 146]

164 [Repealed, 2019, c. 1, s. 146]

PART 8Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans

Interpretation

Marginal note:Definitions

165 The definitions in this section apply in this Part.

discharge

discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

hazardous and noxious substance

hazardous and noxious substance means a substance other than oil that, if introduced into the marine environment, is likely to create hazards to human health, harm living resources and marine life, damage amenities or interfere with legitimate uses of the marine environment. (substance nocive et potentiellement dangereuse)

hazardous and noxious substances pollution incident

hazardous and noxious substances pollution incident means any occurrence or series of occurrences having the same origin, including fire or explosion, that results or may result in a discharge of hazardous and noxious substances. (événement de pollution par les substances nocives et potentiellement dangereuses)

Minister

Minister means the Minister of Transport. (ministre)

oil

oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. (hydrocarbures)

oil pollution incident

oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or may result in a discharge of oil. (événement de pollution par les hydrocarbures)

pollutant

pollutant means

• (a) a 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 the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

• (b) 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 the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant. (polluant)

pollution damage

pollution damage in relation to a vessel, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or facility caused by contamination resulting from a discharge from the vessel or facility. (dommages dus à la pollution)

response organization

response organization means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1). (organisme d’intervention)

Application

Marginal note:Application

• 166 (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities and hazardous and noxious substances handling facilities that are in Canada.

• Marginal note:Exclusion

  (2) This Part does not apply in respect of a vessel 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.

• Definition of oil and gas

  (3) In subsection (2), oil and gas have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.