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

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.

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.