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

Regulations

Marginal note:Regulations

• 120 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the safety of vessels or classes of vessels and of persons on board or loading or unloading a vessel, including regulations

  • (a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

  • (b) specifying the machinery, equipment and supplies that are required or prohibited on board vessels or classes of vessels;

  • (c) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a vessel’s or a class of vessels’ machinery, equipment and supplies;

  • (d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

  • (e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

  • (f) specifying the terms and conditions of certificates issued under this Part;

  • (g) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

  • (h) respecting load lines and draught marks on vessels or classes of vessels;

  • (i) respecting procedures and practices that must be followed;

  • (j) respecting compulsory routes and recommended routes;

  • (k) regulating or prohibiting the operation of vessels for the purpose of protecting persons, vessels, artificial islands, installations, structures, works, shore areas or environmentally sensitive areas;

  • (l) respecting the prevention of collisions in Canadian waters or waters in the exclusive economic zone of Canada;

  • (m) respecting arrangements for ensuring communication between persons in different parts of a vessel and between persons on board and other persons;

  • (n) respecting information and documents that must be supplied to the master and kept on board vessels or classes of vessels;

  • (o) respecting the marking of vessels and the posting of notices, plans and Canadian maritime documents to show information relating to safety and to emergency procedures;

  • (p) respecting the number of passengers that may be on board a vessel and their safety;

  • (q) respecting the illumination of docks or wharfs at which vessels are berthed;

  • (r) respecting shore-based gangways;

  • (s) respecting cargo;

  • (s.1) respecting arrangements for emergency services, including requiring vessels or classes of vessels to enter into such arrangements; and

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

• Marginal note:Application of regulations

  (2) Regulations made under this section apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.

• Marginal note:Aircraft

  (3) Despite section 105, regulations referred to in paragraph (1)(k) or (l) may be made in respect of aircraft on or over Canadian waters.

• Marginal note:Pleasure craft

  (4) Despite section 105, regulations referred to in paragraph (1)(j), (k) or (l) may be made in respect of pleasure craft that are in Canadian waters.

• Marginal note:Contraventions of regulations

  (5) Despite section 105, paragraph 121(1)(s) applies in respect of contraventions of regulations made under subsection (3) or (4).

Offences and Punishment

Marginal note:Contravention of Act or regulations

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

  • (a) paragraph 106(1)(a) (ensure vessel meets requirements);

  • (b) paragraph 106(1)(b) (develop emergency procedures);

  • (c) paragraph 106(1)(c) (ensure training);

  • (d) paragraph 106(2)(a) (ensure vessel inspected);

  • (e) paragraph 106(2)(b) (ensure terms and conditions met);

  • (f) section 107 (obtain Canadian maritime documents);

  • (g) subsection 109(1) (ensure safety);

  • (h) subsection 109(2) (protect from hazards and notify authorized representative);

  • (i) subsection 110(1) (too many persons);

  • (j) a direction given under subsection 111(1) (direction to cease — master);

  • (j.1) a direction given under subsection 111(2) (direction to take measures — master);

  • (j.2) a direction given under subsection 111(3) (direction to authorize vessel);

  • (k) section 112 (inform of danger);

  • (l) paragraph 113(a) (carry out duties and functions safely);

  • (m) paragraph 113(b) (report safety hazards);

  • (n) paragraph 113(c) (report change in circumstances);

  • (o) paragraph 113(d) (comply with lawful direction given by master);

  • (o.1) a direction given under subsection 114(2) (direction to take measures — crew);

  • (p) section 117 (tampering or vandalism);

  • (q) section 118 (jeopardizing safety);

  • (r) section 119 (constructing, manufacturing or altering a vessel not in accordance with approved plans); and

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

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.