GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 111
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. 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. 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. 2001, c. 26, s. 111 2023, c. 26, s. 373
Canada Shipping Act, 2001 — C-10.15 112
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.
Canada Shipping Act, 2001 — C-10.15 113
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.
Canada Shipping Act, 2001 — C-10.15 114
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. 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. 2001, c. 26, s. 114 2023, c. 26, s. 374
Canada Shipping Act, 2001 — C-10.15 115
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. 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.
Canada Shipping Act, 2001 — C-10.15 116
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. 2001, c. 26, s. 116; 2005, c. 29, s. 17
Canada Shipping Act, 2001 — C-10.15 117
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.
Canada Shipping Act, 2001 — C-10.15 118
Jeopardizing safety 118 No person shall take any action that might jeopardize the safety of a vessel or of persons on board.
Canada Shipping Act, 2001 — C-10.15 119
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.
Canada Shipping Act, 2001 — C-10.15 121
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. 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. 2001, c. 26, s. 121 2023, c. 26, s. 376
Canada Shipping Act, 2001 — C-10.15 122
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.
Canada Shipping Act, 2001 — C-10.15 123
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). 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. 2001, c. 26, s. 123 2023, c. 26, s. 377
Canada Shipping Act, 2001 — C-10.15 124
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.
Canada Shipping Act, 2001 — C-10.15 125
Definitions 125 The definitions in this section apply in this Part. 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 means the Minister of Fisheries and Oceans. ( ministre ) VTS Zone means a Vessel Traffic Services Zone established under paragraph 136(1)(a). ( zone STM )
Canada Shipping Act, 2001 — C-10.15
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 )
Canada Shipping Act, 2001 — C-10.15
Minister means the Minister of Fisheries and Oceans. ( ministre )
Canada Shipping Act, 2001 — C-10.15
VTS Zone means a Vessel Traffic Services Zone established under paragraph 136(1)(a). ( zone STM )
Canada Shipping Act, 2001 — C-10.15 127
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. Contravention (2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.
Canada Shipping Act, 2001 — C-10.15 128
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.
Canada Shipping Act, 2001 — C-10.15 129
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. 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. 2001, c. 26, s. 129 2023, c. 26, s. 378(F)
Canada Shipping Act, 2001 — C-10.15 130
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. 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. 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). 2001, c. 26, s. 130; 2018, c. 27, s. 695 2023, c. 26, s. 379
Canada Shipping Act, 2001 — C-10.15 131
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. 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. 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. 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). 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.
Canada Shipping Act, 2001 — C-10.15 132
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.
Canada Shipping Act, 2001 — C-10.15 133
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.
Canada Shipping Act, 2001 — C-10.15 135
Designation 135 (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part. 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. 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. 2001, c. 26, s. 135 2023, c. 26, s. 380
Canada Shipping Act, 2001 — C-10.15 136
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. 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. 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). 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. 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. 2001, c. 26, s. 136; 2005, c. 29, s. 18; 2013, c. 28, s. 10 2023, c. 26, s. 381
Canada Shipping Act, 2001 — C-10.15 137
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). 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. 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.
Canada Shipping Act, 2001 — C-10.15 138
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. 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. 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. 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. 2001, c. 26, s. 138; 2018, c. 27, s. 696
Canada Shipping Act, 2001 — C-10.15 140
Definition of Minister 140 In this Part, Minister means the Minister of Transport. 2001, c. 26, s. 140 2019, c. 1, s. 143
Canada Shipping Act, 2001 — C-10.15 148
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.
Canada Shipping Act, 2001 — C-10.15 149
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. 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. 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). 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. 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.
Canada Shipping Act, 2001 — C-10.15 150
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] 2001, c. 26, s. 150; 2005, c. 2, s. 8 2019, c. 1, s. 144