GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 82
Presentation of documents 82 (1) The master of a Canadian vessel shall ensure that every person who is employed in a position on board presents to the master all Canadian maritime documents that they are required under this Part to have for that position. Sufficient and competent staff (2) No master of a Canadian vessel shall operate it unless it is staffed with a crew that is sufficient and competent for the safe operation of the vessel on its intended voyage, and is kept so staffed during the voyage. Obstruction prohibited (3) No crew member shall wilfully obstruct a master’s operation of a Canadian vessel unless the master is, without just cause, putting at risk the safety of the vessel or of any person on board.
Canada Shipping Act, 2001 — C-10.15 83
Detention of persons 83 (1) The master of a Canadian vessel may detain any person on board if the master has reasonable grounds to believe that it is necessary to do so to maintain good order and discipline on the vessel or for the safety of the vessel or of persons or property on board. The detention may last only as long as necessary to maintain order and discipline or to ensure the safety of persons or property. Custody (2) The master of a Canadian vessel on a voyage may take into custody without warrant any person on board who the master has reasonable grounds to believe has committed an offence under this Act or any other Act of Parliament, and must as soon as feasible deliver that person to a peace officer. Use of force on a voyage (3) The master of a Canadian vessel on a voyage is justified in using as much force as the master believes on reasonable grounds is necessary for the purpose of maintaining good order and discipline on the vessel, but the master must not use force that is intended or is likely to cause death or grievous bodily harm unless the master believes on reasonable grounds that it is necessary for self-preservation or the preservation of anyone on the vessel from death or grievous bodily harm.
Canada Shipping Act, 2001 — C-10.15 84
Liable for discipline 84 Every person whom the master of a Canadian vessel is compelled to take on board and convey, and every person who stows away on a Canadian vessel or hides in cargo that is subsequently loaded on a Canadian vessel, is, as long as the person remains on board, subject to the same rules and orders for preserving discipline, and to the same punishments for contravening the rules or orders constituting or tending to a breach of discipline, as are crew members.
Canada Shipping Act, 2001 — C-10.15 85
Masters’ contracts 85 (1) In every contract of employment between the authorized representative and the master of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage. Crew members’ contracts (2) In every contract of employment between the authorized representative and a crew member of a Canadian vessel there is implied, notwithstanding any agreement to the contrary, an obligation on the authorized representative that the authorized representative, the master and every agent charged with loading the vessel, preparing it for a voyage or sending it on a voyage use all reasonable means to ensure its seaworthiness for the voyage when the voyage commences and to keep the vessel in a seaworthy condition during the voyage. Exception (3) Nothing in this section subjects the authorized representative of a Canadian vessel to any liability by reason of the vessel’s being sent to sea in an unseaworthy condition if sending the vessel to sea in that condition was reasonable and justifiable in order to mitigate unsafe circumstances.
Canada Shipping Act, 2001 — C-10.15 86
Liens 86 (1) The master, and each crew member, of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of their employment on the vessel, including in respect of wages and costs of repatriation that are payable to the master or crew member under any law or custom. Foreign liens (2) The master and each crew member of a vessel on whom a maritime lien against the vessel is conferred by a jurisdiction other than Canada in respect of employment on the vessel has a maritime lien against the vessel. Liens for necessaries (2.1) The master of a Canadian vessel has a maritime lien against the vessel for claims that arise in respect of disbursements made or liabilities incurred by the master for necessaries on account of the vessel. Claims (3) The master, and each crew member, of a vessel may maintain an action against the vessel in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for claims in respect of which a lien is conferred by subsection (1), (2) or (2.1). Priority (4) Liens conferred by subsection (1) or (2) rank in priority to all other claims, secured or unsecured, against the vessel, other than (a) claims for costs relating to the arrest and the judicial sale of the vessel; or (b) any lien arising from a claim for salvage in respect of the vessel. Priority — liens for necessaries (5) Liens conferred by subsection (2.1) rank in priority to all other claims, secured or unsecured, against the vessel, other than (a) liens conferred by subsection (1) or (2); (b) claims for costs relating to the arrest and the judicial sale of the vessel; or (c) any lien arising from a claim for salvage in respect of the vessel.
Canada Shipping Act, 2001 — C-10.15 87
Positions on board Canadian vessels 87 Every person who is employed on board a Canadian vessel in a position in respect of which a certificate is required under this Part shall hold the certificate and comply with its terms and conditions. 2001, c. 26, s. 87; 2017, c. 26, s. 41(F)
Canada Shipping Act, 2001 — C-10.15 88
Eligibility 88 (1) Only a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act may hold a certificate of competency that is issued under this Part. Foreign certificates of competency (2) The Minister may, on application by a person described in subsection (1), issue a certificate of competency in respect of certain requirements under this Act to the holder of a certificate of competency that was issued under the laws of a foreign state if the Minister is satisfied that the requirements under those laws for the foreign certificate meet or exceed the requirements under this Act. Before issuing the certificate, the Minister may require that the holder take an examination set by the Minister. 2001, c. 26, ss. 88, 323; 2017, c. 26, s. 41(F)
Canada Shipping Act, 2001 — C-10.15 89
Acceptance of foreign certificates 89 (1) If the government of a foreign state has entered into a reciprocal arrangement with the Government of Canada to accept certificates of competency issued under this Part in lieu of certificates of competency of that state and if the Minister is satisfied that the requirements under the laws of the foreign state for a certificate of competency meet or exceed the requirements under this Act, the Minister may direct, subject to any conditions that the Minister specifies, that the foreign certificate may be accepted in lieu of a certificate of competency issued under this Part. Suspension or cancellation (2) A foreign certificate that is accepted under subsection (1) may, in so far only as concerns its validity in Canada, be suspended or cancelled by the Minister as though it were a Canadian maritime document, and the holder of any certificate so suspended or cancelled must deliver it to the Minister, who must then return it to the authority that issued it. 2001, c. 26, s. 89; 2017, c. 26, s. 41(F)
Canada Shipping Act, 2001 — C-10.15 90
Minister to be provided with information 90 (1) If a physician or an optometrist believes on reasonable grounds that the holder of a certificate issued under this Part has a medical or optometric condition that is likely to constitute a hazard to maritime safety, the physician or optometrist shall inform the Minister without delay of that opinion and the reasons for it. Patient to advise (2) The holder of a certificate issued under this Part in respect of which standards of medical or optometric fitness are required shall, before being examined by a physician or an optometrist, advise the physician or optometrist that they hold the certificate. Use by Minister (3) The Minister may use any information provided under subsection (1) for the purpose of determining whether the holder of a certificate meets the requirements in respect of that certificate. No proceedings shall lie (4) No legal, disciplinary or other proceedings lie against a physician or optometrist for anything they do in good faith in compliance with this section. Deemed consent (5) The holder of a certificate is deemed, for the purposes of this section, to have consented to the Minister being informed under subsection (1) in the circumstances referred to in that subsection. 2001, c. 26, s. 90; 2017, c. 26, s. 42(F)
Canada Shipping Act, 2001 — C-10.15 91
Articles of agreement 91 (1) The master of a vessel who is required by the regulations made under this Part to enter into articles of agreement shall (a) ensure that every crew member has entered into and received articles of agreement, in the form and manner specified by the Minister, with respect to their position on the vessel; and (b) display, in a location that is accessible to the crew, the provisions of the articles of agreement that are common to each crew member. Information (2) The articles of agreement between the master and a crew member must state the surname and other names of the crew member, the respective rights and obligations of each of the parties and any other information required by the regulations made under this Part.
Canada Shipping Act, 2001 — C-10.15 92
Discharge 92 When a crew member of a Canadian vessel is discharged, the authorized representative shall provide the member with a certificate of discharge in the form and manner specified by the Minister.
Canada Shipping Act, 2001 — C-10.15 93
Record of sea service 93 (1) The authorized representative and every crew member of a Canadian vessel shall each maintain, in the form and manner and for the period specified by the Minister, a record of sea service of the member. Copies to the Minister (2) On request, the authorized representative shall provide the Minister with a copy of, or an extract from, a crew member’s record of sea service.
Canada Shipping Act, 2001 — C-10.15 94
Return and payment of expenses 94 (1) Subject to the regulations and except in the case of desertion or mutual agreement, if a crew member is left behind when a Canadian vessel sails or is shipwrecked, the authorized representative shall ensure that arrangements are made to return the crew member to the place where they first came on board or to another place to which they have agreed, and pay the expenses of returning the crew member as well as all expenses, including medical expenses, that the crew member reasonably incurs before being returned. Exception if insurance (2) The authorized representative is not responsible to pay any expenses covered by insurance for which the authorized representative paid. If authorized representative does not comply (3) If the authorized representative does not comply with subsection (1), the Minister may act in place of the authorized representative and any expenses incurred by the Minister constitute a debt due to Her Majesty in right of Canada by the authorized representative and may be recovered as such in a court of competent jurisdiction.
Canada Shipping Act, 2001 — C-10.15 95
Desertion or serious violation of contract 95 If a crew member deserts a Canadian vessel or has committed a serious violation of their contract of employment, the authorized representative or, if the authorized representative entered into an agreement with another person to provide the crew member, that person may return the crew member to the place where they first came on board or to another place on which they and the authorized representative or the other person, as the case may be, have agreed. The expenses of returning the crew member may be deducted from any remuneration due to them.
Canada Shipping Act, 2001 — C-10.15 96
Informing the Minister 96 The authorized representative of a Canadian vessel must, in the form and manner specified by the Minister, inform the Minister of every birth or death on board.
Canada Shipping Act, 2001 — C-10.15 97
Death of crew member 97 (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall (a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and (b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place. Cremation or burial (2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known. Exceptional circumstances (3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body. Property of a deceased crew member (4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.
Canada Shipping Act, 2001 — C-10.15 98
If an agreement to provide crew members 98 If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in (a) paragraph 91(1)(a) (enter into articles); (b) section 92 (provide certificate of discharge); (c) subsection 93(1) (maintain record of sea service); (d) subsection 93(2) (provide copy of record of sea service); and (e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.
Canada Shipping Act, 2001 — C-10.15 99
Adjudication by Minister 99 The Minister may, on the request of the authorized representative or a crew member of a Canadian vessel, adjudicate any dispute between the authorized representative and crew member that arises under this Part. The Minister’s decision is binding on the parties. 2001, c. 26, s. 99 2023, c. 26, s. 370(E)
Canada Shipping Act, 2001 — C-10.15 100
Regulations 100 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations (a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold; (b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels; (c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels; (d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience; (e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document; (f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part; (g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1); (h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed; (i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members; (j) specifying the information that must be contained in articles of agreement; (k) specifying what constitutes a serious violation of a contract of employment; (l) respecting any occupational health or safety matter on board a vessel that is not regulated by the Canada Labour Code ; and (m) respecting the payment and allotment of crew members’ wages. 2001, c. 26, s. 100; 2017, c. 26, s. 43(F)
Canada Shipping Act, 2001 — C-10.15 101
Contravention of Act or regulations 101 (1) Every person commits an offence who contravenes (a) subsection 82(2) (operating a vessel without sufficient and competent crew); (b) subsection 82(3) (wilfully obstructing the operation of a vessel); or (c) a provision of the regulations made under any of paragraphs 100(a) to (i) and (k) to (m). 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. Continuing offence (3) If an offence under subsection (1) is committed or continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.
Canada Shipping Act, 2001 — C-10.15 102
Contravention of Act 102 (1) Every person commits an offence who contravenes (a) section 87 (hold certificate or document and comply with its terms and conditions); (b) subsection 90(1) (inform Minister of medical opinion); (c) subsection 90(2) (inform that holder of a certificate); (d) subsection 94(1) (pay expenses); (e) subsection 97(1), (2), (3) or (4) (take measures following a death); or (f) paragraph 98(e) (failure to pay expenses). 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.
Canada Shipping Act, 2001 — C-10.15 103
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). 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. 2001, c. 26, s. 103 2023, c. 26, s. 371
Canada Shipping Act, 2001 — C-10.15 104
Definition of Minister 104 In this Part, Minister means the Minister of Transport.
Canada Shipping Act, 2001 — C-10.15 105
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.
Canada Shipping Act, 2001 — C-10.15 106
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. 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.
Canada Shipping Act, 2001 — C-10.15 107
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.
Canada Shipping Act, 2001 — C-10.15 108
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. 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.
Canada Shipping Act, 2001 — C-10.15 109
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. 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.
Canada Shipping Act, 2001 — C-10.15 110
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. Submerging load lines (2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged. 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. 2001, c. 26, s. 110 2023, c. 26, s. 372