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

Marginal note:Contravention of Act or regulations

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

  • (a) subsection 82(1) (ensure employees present Canadian maritime documents);

  • (b) paragraph 91(1)(a) (enter into articles);

  • (c) paragraph 91(1)(b) (display articles);

  • (d) section 92 (provide certificate of discharge);

  • (e) subsection 93(1) (maintain record of sea service);

  • (f) subsection 93(2) (provide copy of record of sea service);

  • (g) paragraph 98(a) (enter into articles);

  • (h) paragraph 98(b) (provide certificate of discharge);

  • (i) paragraph 98(c) (maintain record of sea service);

  • (j) paragraph 98(d) (provide copy of record of sea service); or

  • (k) a provision of the regulations made under paragraph 100(j).

• 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 4Safety

Interpretation

Definition of Minister

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

Application

Marginal note:Canadian vessels and foreign vessels

105 This Part applies in respect of Canadian vessels, other than pleasure craft, everywhere and in respect of foreign vessels in Canadian waters.

Authorized Representatives

Marginal note:General duties

• 106 (1) The authorized representative of a Canadian vessel shall

  • (a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part;

  • (b) develop procedures for the safe operation of the vessel and for dealing with emergencies; and

  • (c) ensure that the crew and passengers receive safety training.

• Marginal note:Duties re Canadian maritime documents

  (2) The authorized representative of a Canadian vessel shall ensure that

  • (a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and

  • (b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met.

Masters

Marginal note:Obtaining Canadian maritime documents

107 The master of a Canadian vessel shall, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained.

Marginal note:Exemptions

• 108 (1) If the master of a Canadian vessel has had the vessel or its machinery or equipment inspected by an authority of a foreign state and that authority has issued a certificate that certifies that the vessel, machinery or equipment meets certain requirements of that state and the Minister is satisfied that those requirements meet or exceed the requirements for a Canadian maritime document required under this Part, the Minister may grant an exemption, for the period specified by the Minister, from the obligation to comply with subsection 106(2) and section 107 with respect to that certificate.

• Marginal note:Issuance of certificates by foreign states

  (2) The Minister may request the government of a state that is a party to a convention, protocol or resolution listed in Schedule 1 respecting the safety of vessels or of persons who are on board or are loading or unloading vessels to issue in respect of a Canadian vessel any certificate provided for by the convention, protocol or resolution. A certificate issued as a result 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 this Part and may be suspended or cancelled as though it were a Canadian maritime document.

Marginal note:Safety of persons

• 109 (1) The master of a vessel shall take all reasonable steps to ensure the safety of the vessel and of persons who are on board or are loading or unloading it while using equipment on it.

• Marginal note:Protection from hazards

  (2) If the master of a vessel is informed of a safety hazard, the master shall, unless the master determines that the hazard does not exist, take reasonable measures to protect the vessel and persons on board from the hazard, including eliminating it if feasible. If it is not feasible to eliminate it, the master of a Canadian vessel shall notify the authorized representative.

Marginal note:Carrying excess number of persons

• 110 (1) The master of a vessel must ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention, protocol or resolution listed in Schedule 1.

• Marginal note:Submerging load lines

  (2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged.

• Marginal note:Exception to subsection (1)

  (3) Subsection (1) does not apply in respect of a person carried on board a vessel in pursuance of the obligation on the master to carry shipwrecked or distressed persons.

Marginal note:Direction to cease — master

• 111 (1) The Minister may direct a master to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.

• Marginal note:Direction to take measures — master

  (2) The Minister may direct a master to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to

  • (a) provide the Minister with any information that the Minister considers appropriate to assess or deal with risks to marine safety;

  • (b) proceed by the route and in the manner that the Minister specifies; and

  • (c) proceed to a place that the Minister selects, by the route and in the manner that the Minister specifies, and

    • (i) unload the vessel’s cargo, or

    • (ii) moor, anchor or remain there for any reasonable period that the Minister specifies.

• Marginal note:Direction to authorize vessel

  (3) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (2)(c) to proceed to the place selected by the Minister and to

  • (a) unload the cargo; or

  • (b) moor, anchor or remain there for any reasonable period that the Minister may specify.

Marginal note:Information to be sent respecting dangers to navigation

112 If the master of a Canadian vessel encounters dangerous ice, a dangerous derelict or other direct danger to navigation, a tropical storm, winds of a force of 10 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 the vessel, the master shall give notice to all vessels in the vicinity and the prescribed authorities on shore of the danger.

Crew

Marginal note:Carrying out duties and reporting

113 Every crew member on board a vessel shall

• (a) carry out their duties and functions in a manner that does not jeopardize the safety of the vessel or of any person on board;

• (b) report to the master any safety hazards of which they become aware;

• (c) report to the master any change in their circumstances that could affect their ability to carry out their duties and functions safely; and

• (d) comply with lawful directions given by the master.

Marginal note:Direction to cease — crew

• 114 (1) The Minister may direct a crew member on board a vessel to cease any operation that, in the Minister’s opinion, poses an undue risk because of unsafe conditions.

• Marginal note:Direction to take measures — crew

  (2) The Minister may direct a crew member on board a vessel to take measures that, in the Minister’s opinion, are necessary to avoid an undue risk because of unsafe conditions, including a direction to provide the Minister with any information that the Minister considers appropriate to support assessing or addressing risks to marine safety.

Passengers

Marginal note:Compliance with directions

• 115 (1) Every passenger on board a vessel shall comply with any direction that is given to them by the master or a crew member to carry out the provisions of this Act or the regulations.

• Marginal note:Compliance with direction to leave a vessel

  (2) Every passenger on board a vessel shall comply with a direction to leave the vessel that is given to them by the master before the vessel embarks on a voyage.

Authorized Representatives, Masters, Crew Members and Other Persons

Marginal note:When boarding a vessel prohibited

116 Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one

• (a) without the permission or against the orders of the master or the person in charge of embarkation or disembarkation; or

• (b) if there is no safe means of embarkation or disembarkation or every such means has been blocked.

Marginal note:Tampering and vandalism

117 No person shall tamper with or vandalize a vessel or its machinery, equipment or notices or plans relating to emergency procedures, safety or navigation.

Marginal note:Jeopardizing safety

118 No person shall take any action that might jeopardize the safety of a vessel or of persons on board.

Construction of Vessels

Marginal note:In accordance with plans

119 Subject to the regulations, no person shall construct, manufacture or alter a vessel of a prescribed class otherwise than in accordance with plans approved by the Minister as having met the requirements of the regulations respecting the design and construction of vessels of that class.

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.