Bill C-73

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First Reading

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	RECOMMENDATION
	His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ``An Act to amend the Canada Shipping Act and other Acts as a consequence''.
	SUMMARY
	This enactment makes several amendments to the Canada Shipping Act. Among the more important are amendments to implement a number of International Maritime Organization (IMO) Codes relating to the safety of cargoes loaded in Canada that have been adopted since 1985. The enactment also amends the Act to take into account technological, social, statutory and administrative developments in the shipping and pleasure boating fields.
	SUMMARY
	Canada Shipping Act
	Clause 1: (1) The definitions ``British ship'', ``chief officer of customs'', ``Commonwealth country'', ``plea sure yacht'', ``radio-telegraph'', ``radio-telephone'' and ``steamship or steamer'' in section 2 read as follows:
	``British ship'' includes a Canadian ship;
	``chief officer of customs'' means the chief or only officer of customs at any port;
	``Commonwealth country'' means a country
	(a) whose government was a party to the British Commonwealth Merchant Shipping Agreement signed at London on December 10, 1931, or
	(b) that was included within the ambit of that Agreement in 1931 and the government of which, as a government of a separate entity within the association of the Commonwealth of Nations, continues to participate in that Agreement,
	and includes the colonies, possessions, dependencies, protectorates, protected states, condominiums and trust territories of any such country;
	``pleasure yacht'' means a ship however propelled that is used exclu sively for pleasure and does not carry passengers;
	``radio-telegraph'' includes a system of radio communication for the transmission of written matter by the use of a signal code;
	``radio-telephone'' includes a system of radio communication for the transmission of speech or, in some cases, other sounds;
	``steamship'' or ``steamer'', except as provided under the Load Line Rules, means any ship propelled by machinery and not coming with in the definition of sailing ship;
	(2) The definitions ``Chairman'' and ``seaman'' in section 2 read as follows:
	``Chairman'' means the Chairman of the Board;
	``seaman'' includes
	(a) every person, except masters, pilots and apprentices duly indentured and registered, employed or engaged in any capacity on board any ship, and
	(b) for the purposes of the Seamen's Repatriation Convention, every person employed or engaged in any capacity on board any vessel and entered on the ship's articles,
	but does not include pilots, cadets and pupils on training ships and naval ratings, or other persons in the permanent service of a government except when used in Part IV where it includes an apprentice to the sea service;
	(3) The definitions ``Load Line Convention ship'', ``register tonnage'', ``registrar'' and ``Safety Conven tion ship'' in section 2 read as follows:
	``Load Line Convention ship'' means a Load Line ship belonging to a country to which the Load Line Convention applies;
	``registrar'' means a registrar of British ships;
	``register tonnage'' means the register tonnage shown on a ship's certifi cate of registry;
	``Safety Convention ship'' means a steamship, other than a ship of war, a troop ship or a fishing vessel, registered in a country to which the Safety Convention applies, that is on an international voyage and
	(a) is carrying more than twelve passengers,
	(b) is of three hundred tons gross tonnage or more, or
	(c) is a nuclear ship;
	(4) The definitions ``Board'', ``Canadian waters'', ``consular officer'', ``foreign ship'', ``passenger'', ``proper authority'', ``proper officer'', ``Radio Regula tions'', ``recorded vessel'', ``sailing ship'', ``ship'', ``shipwrecked persons'', ``tug'' and ``vessel'' in section 2 are replaced by the following:
	``Board'' means the Board of Steamship Inspection established by sec tion 304;
	``Canadian waters'' means the territorial sea of Canada and all internal waters of Canada;
	``consular officer'' means a consular officer of Canada or any person for the time being discharging the duties of a consular officer of Canada, and, in the absence of a consular officer of Canada or such other per son, means a consul-general, consul or vice-consul of the United Kingdom or any person for the time being discharging the duties of consul-general, consul or vice-consul of the United Kingdom, and, when used in relation to a country other than Canada, means the offi cer recognized by Her Majesty as a consular officer of that country;
	``foreign ship'' means
	(a) except in paragraphs 662(1)(c) and (d), a ship other than a British ship, or
	(b) in paragraphs 662(1)(c) and (d), a ship other than a Canadian ship;
	``passenger'' means any person carried on a ship, but does not include
	(a) a person carried on a Safety Convention ship who is
	(i) the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship, or
	(ii) under one year of age,
	(b) a person carried on a ship that is not a Safety Convention ship who is
	(i) the master, a member of the crew or a person employed or engaged in any capacity on board the ship on the business of that ship,
	(ii) the owner or charterer of the ship, a member of his family or a servant connected with his household,
	(iii) a guest of the owner or charterer of the ship if it is used exclusively for pleasure and the guest is carried on the ship without remuneration or any object of profit, or
	(iv) under one year of age, or
	(c) a person carried on any ship in pursuance of the obligation laid on the master to carry shipwrecked, distressed or other persons or by reason of any circumstances that neither the master nor the owner nor the charterer, if any, could have prevented or forestalled;
	``proper authority'', when used in Part IV, means
	(a) with respect to a place not within Canada or any other Commonwealth country, a consular officer, or, if there is no consular officer in the place, any two British merchants resident at or near the place, or, if there is only one British merchant so resident, that British merchant, and
	(b) with respect to a place within a Commonwealth country,
	(i) in relation to the discharge or leaving behind of seamen, or the payment of penalties, a person designated by the Governor in Council, and in the absence of such a person, a superinten dent as defined in the Merchant Shipping Acts, or, in the absence of any such superintendent, the chief officer of customs at or near the place, and
	(ii) in relation to distressed seamen, a person designated by the Governor in Council, and in the absence of such a person, the governor of any Commonwealth country, or any person acting under his authority;
	``proper officer'', when used in Parts III and IV, means
	(a) in Canada, a shipping master,
	(b) at a port in the United Kingdom, a person designated by the Governor in Council, and in the absence of such a person, a superintendent,
	(c) at a port in any other Commonwealth country, a person designated by the Governor in Council, and in the absence of such a person, a superintendent or shipping master, or in the absence of any such superintendent or shipping master, the chief officer of customs at or near the port, and
	(d) at a port elsewhere, a consular officer;
	``Radio Regulations'' means the regulations respecting radio made by the Governor in Council and the Minister respectively under sec tions 342 and 343;
	``recorded vessel'' means a vessel of the character described in section 4;
	``sailing ship'', except for the purposes of the Load Line Rules, means
	(a) a ship that is propelled wholly by sails, and
	(b) a ship that is principally employed in fishing, not exceeding two hundred tons gross tonnage, provided with masts, sails and rigging sufficient to allow it to make voyages under sail alone, and that, in addition, is fitted with mechanical means of propulsion other than a steam engine;
	``ship'', except in Parts II, XV and XVI, includes
	(a) any description of vessel used in navigation and not propelled by oars, and
	(b) for the purpose of Part I and sections 574 to 581, any description of lighter, barge or like vessel used in navigation in Canada however propelled;
	``shipwrecked persons'' includes persons belonging to or on board any British or foreign vessel, wrecked, stranded or in distress, at any place within Canada;
	``tug'' means a steamship used exclusively for towing purposes;
	``vessel'' includes any ship or boat or any other description of vessel used or designed to be used in navigation;
	(5) The relevant portion of the definition ``wreck'' in section 2 reads as follows:
	``wreck'' includes
	...
	(d) any wrecked aircraft or any part thereof and cargo thereof;
	(6) The definition ``registrar'' in section 2 reads as follows:
	``registrar'' means a registrar of British ships;
	(7) New.
	(8) New.
	(9) New.
	Clause 2: Section 2.1 reads as follows:
	2.1 Regulations made under this Act incorporating standards or specifications by reference may incorporate those standards or specifi cations as amended from time to time and, in such case, the reference shall be read accordingly.
	Clause 3: New.
	Clause 4: Subsection 4(2) reads as follows:
	(2) On the recording of any vessel described in subsection (1), which, after recording, is referred to in this Act as a recorded vessel, and as a condition precedent thereto, the owner thereof shall deliver to the registrar, in compliance with Form 1 in Schedule IV, a written and signed description of the vessel and a statement of the port in Canada at which it is intended to be registered.
	Clause 5: Section 6 reads as follows:
	6. A ship shall be deemed not to be a British ship unless it is owned wholly by a person qualified to be an owner of a British ship, namely,
	(a) a British subject within the meaning of the British Nationality Act, 1948, as amended from time to time; or
	(b) a body corporate incorporated under the law of a Commonwealth country and having its principal place of business in that country.
	Clause 6: Subsections 7(1) to (3) read as follows:
	7. (1) Notwithstanding that an unregistered ship is owned wholly by persons qualified to be owners of British ships, that ship, unless it is exempted from registration or is not required to be registered by this Act or by the law of the port, whether in or outside Canada, to which it belongs, shall not be recognized in Canada, or for the purposes of this Act, as being entitled to the rights and privileges that are accorded to British ships registered in any Commonwealth country.
	(2) Every British ship that is owned wholly by persons qualified to be owners of British ships and that is not registered outside Canada may be registered in Canada.
	(3) Every British ship that is owned by persons qualified to do so a majority of which, either in number or in extent of ownership, are residents of Canada, and every British ship that being owned by persons so qualified, is, with respect to its management and use, principally controlled in Canada, shall, unless it is registered outside Canada, be registered in Canada.
	Clause 7: Section 8 reads as follows:
	8. Ships not exceeding fifteen tons register tonnage employed solely in navigation on the lakes, rivers or coasts of Canada and pleasure yachts not exceeding twenty tons register tonnage wherever employed or operated are exempted from registry under this Act.
	Clause 8: Section 9 reads as follows:
	9. (1) The chief officer of customs at any port in Canada approved by the Governor in Council for the registry of ships shall be a registrar of British ships.
	(2) A registrar is not liable for damages or otherwise for any loss accruing to any person by reason of any act done or default made by him in his capacity as registrar, unless the loss occurred by reason of his neglect or wilful act.
	Clause 9: Section 11 reads as follows:
	11. Every British ship shall before registry in Canada be surveyed by a surveyor of ships and its tonnage ascertained in accordance with the tonnage regulations of this Act, and the surveyor shall grant his certificate specifying the ship's tonnage and build, and such other particulars descriptive of the identity of the ship as may for the time being be required by the Minister, and the certificate shall be delivered to the registrar before registry.
	Clause 10: The relevant portion of subsection 12(1) reads as follows:
	12. (1) Every British ship shall before registry in Canada be marked permanently and conspicuously to the satisfaction of the Minister as follows:
	Clause 11: Subsection 28(1) reads as follows:
	28. (1) Where it appears to the Minister that there is any doubt respecting the title of any ship registered as a British ship in Canada to be so registered, he may direct the registrar of the port of registry of the ship to require evidence to be given to his satisfaction that the ship is entitled to be registered as a British ship.
	Clause 12: Subsection 30(2) reads as follows:
	(2) Where any registrar or chief officer of customs at any port or place in Canada receives conflicting directions from owners of any ship respecting a change of the master of such a ship, the registrar or chief officer may refuse to endorse and sign a memorandum of the change of master on the certificate of registry of the ship until he receives a declaration from the registered owners representing a majority of shares in the ship, or from their duly appointed agents.
	Clause 13: The relevant portion of subsection 31(1) reads as follows:
	31. (1) The declaration referred to in subsection 30(2) shall be made according to Form 2 in Schedule IV, or as near thereto as circumstances permit, and shall set forth the name of the person appointed in lieu of the former master, who shall be therein named, and shall be made and subscribed,
	Clause 14: The relevant portion of subsection 36(1) reads as follows:
	36. (1) Where, at a port not within any Commonwealth country and not being a port of registry established by order in council under the Merchant Shipping Acts, a ship becomes the property of persons qualified to own a British ship and those persons declare to the consular officer at that port an intent to apply to have the ship registered in Canada, the consular officer may grant to the ship's master, on his application, a provisional certificate stating
	Clause 15: Subsection 45(2) reads as follows:
	(2) A builder's mortgage shall be in Form 3 in Schedule IV and may be filed with the registrar at the port at which the vessel is recorded.
	Clause 16: The relevant portion of subsection 54(3) reads as follows:
	(3) In the case of a transmission of a builder's mortgage, the declaration shall be in Form 4 in Schedule IV, shall state the manner in which and the person to whom the property has been transmitted and shall be made and subscribed
	Clause 17: The heading before section 55 and sections 55 to 62 read as follows:
	Certificates of Mortgage and Sale
	55. A registered owner, if desirous of disposing by way of mortgage or sale of the ship or any share therein in respect of which he is registered at any place outside Canada, may apply to the registrar of the ship's port of registry and the registrar shall thereupon enable him to do so by granting a certificate of mortgage or a certificate of sale.
	56. Before a certificate of mortgage or a certificate of sale is granted, the applicant shall state to the registrar and the registrar shall enter in the register book the following particulars:
	(a) the name of the person by whom the power mentioned in the certificate is to be exercised, and in the case of a mortgage the maximum amount of charge to be created, if it is intended to fix any maximum, and in the case of a sale the minimum price at which a sale is to be made, if it is intended to fix any minimum;
	(b) the place where the power is to be exercised, or if no place is specified, a declaration that it may be exercised anywhere, subject to this Act; and
	(c) the limit of time within which the power may be exercised.
	57. A certificate of mortgage or a certificate of sale shall not be granted so as to authorize any mortgage or sale to be made in Canada or by any person not named in the certificate.
	58. A certificate of mortgage and a certificate of sale shall contain a statement of the several particulars by this Act directed to be entered in the register book on the application for the certificate, and an enumeration of any registered mortgages or certificates of mortgage or sale affecting the ship or any share therein in respect of which the certificate is given.
	59. The following rules shall be observed with respect to certificates of mortgage:
	(a) the power mentioned in the certificate shall be exercised in conformity with the directions contained in the certificate;
	(b) every mortgage made thereunder shall be registered by the endorsement of a record thereof on the certificate by a registrar or British registrar or consular officer;
	(c) a mortgage made in good faith thereunder shall not be impeached by reason of the person by whom the power mentioned in the certificate was given dying before the making of the mortgage;
	(d) whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power mentioned in the certificate is to be exercised, a mortgage made in good faith to a mortgagee without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given;
	(e) every mortgage that is registered on the certificate pursuant to paragraph (b) has priority over all mortgages of the same ship or any share therein created subsequent to the date of the entry of the certificate in the register book, and, if there are more mortgages than one so registered, the respective mortgagees claiming thereunder are, notwithstanding any express, implied or constructive notice, entitled to priority one before the other according to the date at which each mortgage is registered on the certificate, and not according to the date of the mortgage;
	(f) subject to paragraphs (a) to (e), every mortgagee whose mortgage is registered on the certificate has the same rights and powers and is subject to the same liabilities as he would have had and been subject to if his mortgage had been registered in the register book instead of on the certificate;
	(g) the discharge of any mortgage registered on the certificate may be endorsed on the certificate by any registrar or British registrar or consular officer, on the production of such evidence as is by this Act required to be produced to the registrar on the entry of the discharge of a mortgage in the register book, and on that endorsement being made, the interest, if any, that passed to the mortgagee shall vest in the same person or persons in whom it would, having regard to intervening acts and circumstances, if any, have vested, if the mortgage had not been made; and
	(h) on the delivery of any certificate of mortgage to the registrar by whom it was granted, he shall, after recording in the register book, in such manner as to preserve its priority, any unsatisfied mortgage registered thereon, cancel the certificate and enter the fact of the cancellation in the register book, and every certificate so cancelled is void.
	60. The following rules shall be observed with respect to certificates of sale:
	(a) a certificate of sale shall not be granted except for the sale of an entire ship;
	(b) the power mentioned in the certificate shall be exercised in conformity with the directions contained in the certificate;
	(c) a sale made in good faith thereunder to a purchaser for valuable consideration shall not be impeached by reason of the person by whom the power mentioned in the certificate was given dying before the making of such sale;
	(d) whenever the certificate contains a specification of the place at which, and a limit of time not exceeding twelve months within which, the power mentioned in the certificate is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be impeached by reason of the bankruptcy of the person by whom the power was given;
	(e) a transfer made to a person qualified to be the owner of a British ship shall be by a bill of sale in accordance with this Act;
	(f) if the ship is sold to a person qualified to be the owner of a British ship, the ship shall be registered anew, but notice of all mortgages enumerated on the certificate of sale shall be entered in the register book;
	(g) before registry anew there shall be produced to the registrar or British registrar required to make the registry the bill of sale by which the ship is transferred, the certificate of sale and the certificate of registry of such ship;
	(h) the British registrar shall retain the certificates of sale and registry, and after having endorsed on both of those instruments an entry of the fact of a sale having taken place, shall forward them to the registrar of the port appearing thereon to be the former port of registry of the ship, and that registrar shall thereupon make a memorandum of the sale in his register book and the registry of the ship in that book shall be considered as closed, except in so far as it relates to any unsatisfied mortgages or existing certificates of mortgage entered therein;
	(i) on registry anew, the description of the ship contained in its original certificate of registry may be transferred to the new register book, without the ship being resurveyed, and the declaration to be made by the purchaser shall be the same as would be required to be made by an ordinary transferee;
	(j) if the ship is sold to a person not qualified to be the owner of a British ship, the bill of sale by which the ship is transferred, the certificate of sale and the certificate of registry shall be produced to a registrar or British registrar or consular officer, who shall retain the certificates of sale and registry, and, having endorsed thereon the fact of that ship having been sold to a person not qualified to be the owner of a British ship, shall forward the certificates to the registrar of the port appearing on the certificate of registry to be the port of registry of that ship, and that registrar shall make a memorandum of the sale in his register book and the registry of the ship in that book shall be considered as closed, except in so far as it relates to any unsatisfied mortgages or existing certificates of mortgage entered therein;
	(k) if, on a sale being made to a person not qualified to be the owner of a British ship, default is made in the production of certificates mentioned in paragraph (j), that person shall be considered not to have acquired any title to or interest in the ship, and the person on whose application the certificate of sale was granted, and the person exercising the power, are each guilty of an offence and liable to a fine not exceeding five hundred dollars; and
	(l) if no sale is made in conformity with the certificate of sale, that certificate shall be delivered to the registrar by whom it was granted, and he shall cancel it and enter the fact of the cancellation in the register book, and every certificate so cancelled is void.
	61. On proof at any time to the satisfaction of the Minister that a certificate of mortgage or sale is lost or destroyed or so obliterated as to be useless, and that the powers thereby given have never been exercised, or if they have been exercised, then on proof of the several matters and things that have been done thereunder, the registrar may, with the sanction of the Minister, as circumstances require, either issue a new certificate or direct such entries to be made in the register book or such other thing to be done as might have been made or done if the loss, destruction or obliteration had not taken place.
	62. (1) The registered owner of any ship or share therein in respect of which a certificate of mortgage or sale has been granted, specifying the places where the power thereby given is to be exercised, may, by an instrument under his hand, authorize the registrar by whom the certificate was granted to give notice to the registrar or British registrar or consular officer at every such place that the certificate is revoked.
	(2) A notice given pursuant to subsection (1) shall be recorded by the registrar or British registrar or consular officer receiving it, and after it is recorded the certificate shall be deemed to be revoked and of no effect with respect to any mortgage or sale to be thereafter made at that place.
	(3) The notice, after it has been recorded, shall be exhibited to every person applying for the purpose of effecting or obtaining a mortgage or transfer under the certificate.
	(4) A registrar or British registrar or consular officer on recording the notice shall state to the registrar by whom the certificate was granted whether any previous exercise of the power to which the certificate refers has taken place.
	Clause 18: Section 79 reads as follows:
	79. All fees authorized to be taken under this Part shall, except where otherwise in this Act provided, if taken in any part of Canada, form part of the Consolidated Revenue Fund, if taken in any other Common wealth country, shall be disposed of in such way as the Executive Government of that country directs, and, if taken at any port of registry established by order in council under the Merchant Shipping Acts, shall be disposed of as Her Majesty in Council directs.
	Clause 19: (1) Subsection 82(1) reads as follows:
	82. (1) On application to the registrar during the hours of his official attendance, a person may
	(a) on payment of a fee of twenty-five cents inspect the entries respecting a ship in the register book or record book; and
	(b) on payment of a fee of one dollar obtain
	(i) a copy of the entries made in the register book or record book respecting a ship, or
	(ii) a copy of any declaration or document that is by subsection (2) declared admissible in evidence,
	certified by the registrar to be a true copy of the entries, declaration or document.
	(2) New.
	Clause 20: (1) Subsection 83(3) reads as follows:
	(3) The Minister shall cause the forms so prescribed to be supplied to all registrars under this Act for distribution to persons requiring to use them, either free of charge or at such moderate prices as he may direct.
	(2) Subsection 83(4) reads as follows:
	(4) The Minister may, for carrying into effect this Part, give such instructions to registrars and surveyors of ships respecting the manner of making entries in the register book, the execution and attestation of powers of attorney, any evidence required for identifying any person, the referring to him of any question involving doubt or difficulty, and generally respecting any act or thing to be done in pursuance of this Part, as he thinks fit.
	Clause 21: Section 88 reads as follows:
	88. If the master or owner of a Canadian ship does anything or permits anything to be done, or carries or permits to be carried any papers or documents, with intent to conceal the British character of the ship from any person entitled by the law of Canada or of any Commonwealth country to inquire into the same, or with intent to assume a foreign character, or with intent to deceive any person so entitled, the ship is subject to forfeiture under this Act, and the master, if he commits or is privy to the commission of the offence, is guilty of an indictable offence.
	Clause 22: Section 90 reads as follows:
	90. Where it is declared by this Act that a British ship shall not be recognized as a British ship, that ship is not entitled to any benefits, privileges, advantages or protection usually enjoyed by British ships, to use the Canadian flag or to assume the Canadian national character, but with respect to the payment of dues, the liability to fines and forfeiture and the punishment of offences committed on board that ship, or by any persons belonging to the ship, that ship shall be dealt with in the same manner in all respects as if it were a recognized British ship.
	Clause 23: The relevant portion of subsection 93(1) reads as follows:
	93. (1) Where any Canadian ship has either wholly or with respect to any share therein become subject to forfeiture under this Part,
	...
	may seize and detain the ship, and bring it for adjudication before the Admiralty Court or before any court having Admiralty jurisdiction in a Commonwealth country or any British court having jurisdiction outside Canada and the Commonwealth in pursuance of an order of Her Majes ty in Council, and the court may adjudge the ship with its tackle, apparel and furniture to be forfeited to Her Majesty, and make such order in the case as to the court seems just, and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the court thinks fit.
	Clause 24: Section 95 reads as follows:
	95. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under paragraph 94(a) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 25: Section 104 reads as follows:
	104. All duties in relation to the survey and measurement of ships shall be performed by surveyors of ships under this Act in accordance with regulations made by the Minister.
	Clause 26: Section 106 reads as follows:
	106. A person having power to levy tonnage rates on ships may, if that person thinks fit, with the consent of the Minister, levy those tonnage rates on the register tonnage of the ships as determined by the tonnage regulations of this Act, notwithstanding that any Act of merely local application or regulations under which those rates are levied provide for levying those rates on some different system of tonnage measurement.
	Clause 27: Section 108 and the heading before it read as follows:
	Licensing of Small Vessels
	108. The Governor in Council may, notwithstanding anything in this Part, make regulations
	(a) providing for the licensing of vessels that are exempted from registry under this Act;
	(b) providing for the marking of licensed vessels;
	(c) prescribing forms for licences and the forms for applications for licences;
	(d) providing for the designation of persons to be issuers of licences;
	(e) prescribing the fees to be paid for licences;
	(f) providing for the disposition, notwithstanding the Financial Administration Act, of licence fees collected by licence issuers;
	(g) prescribing the records to be kept and returns to be made by licence issuers; and
	(h) prescribing a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months or both to be imposed on summary conviction as punishment for contravention of a regulation made under this section.
	Clause 28: (1) The relevant portion of subsection 109(1) reads as follows:
	109. (1) Every British ship, except
	...
	(e) barges or other vessels having neither masts, sails nor rigging and not being steamships, and
	...
	shall, when going from any place in Canada, be provided with masters and mates duly certificated according to the following scale:
	(2) Subsection 109(1) of the Act, as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, reads as follows:
	109. (1) In this Part, ``ship'' includes any description of vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to method or lack of propulsion, but excludes
	(a) pleasure yachts of less than twenty metres in length; and
	(b) any vessel, boat or craft, of any length, propelled manually by oars or paddles.
	Clause 29: (1) The relevant portion of subsection 110(1) reads as follows:
	110. (1) Every steamship registered in Canada or owned in Canada, except
	...
	(b) steamships that are pleasure yachts, and
	...
	shall, when making any voyage, be provided with engineers duly certif icated according to the following scale:
	(2) The relevant portion of subsection 110(1) of the Act, as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Produc tion and Conservation Act in consequence thereof, reads as follows:
	110. (1) Subject to subsection 109(2), the Governor in Council may make regulations respecting the certification of masters and seamen and, without limiting the generality of the foregoing, may make regulations
	(a) prescribing the types and classes of certificates that may be granted to masters and seamen and the grade that each such type or class bears in relation to every other type or class;
	(b) prescribing classes of ships in respect of which a certificate is not valid in the absence of an endorsement on that certificate stating that the certificate is valid for service on that class of ship;
	(c) respecting the qualifications, including medical fitness, degree of knowledge, skill, training and experience, that an applicant for any type or class of certificate must meet;
	Clause 30: (1) Subsection 111(3) to (6) read as follows:
	(3) In the first grade, certificates may be granted as follows:
	(a) certificate for steamships endorsed for sailing ships;
	(b) certificate for steamships endorsed for fore-and-aft rigged sailing ships; and
	(c) certificate for steamships.
	(4) In the other grades, certificates may be granted for the following classes:
	(a) steamship;
	(b) steamship of under three hundred and fifty tons gross tonnage;
	(c) ferry steamship;
	(d) tug;
	(e) sailing ship; and
	(f) fore-and-aft rigged sailing ship.
	(5) The classes mentioned in subsection (4) rank according to the order stated for steamships and sailing ships respectively, so that
	(a) the lawful holder of a steamship certificate is entitled to all the rights and privileges of a holder of a certificate in a lower class of steamships;
	(b) the lawful holder of a certificate for sailing ships is entitled to all the rights and privileges of a holder of a certificate for fore-and-aft rigged sailing ships; and
	(c) the certificate for a ferry steamship is valid on this class of vessel only and on the waters described in the certificate.
	(6) A certificate for a steamship of under one hundred and fifty tons gross tonnage in force on August 14, 1956 shall be deemed to be the equivalent of a certificate described in paragraph (4)(b), and the holder is entitled on the surrender thereof to be granted a certificate as described in that paragraph.
	(2) Section 111 of the Act, as enacted by section 9 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in conse quence thereof, reads as follows:
	111. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 110(1) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 31: Subsection 112(2) reads as follows:
	(2) Notwithstanding anything in this Part, regulations made pursuant to subsection (1) may provide for the issue of certificates to persons who are not British subjects.
	Clause 32: The relevant portion of subsection 116(1) reads as follows:
	116. (1) Every British subject who
	Clause 33: The relevant portion of section 118 reads as follows:
	118. Every British subject who, immediately prior to April 1, 1949, was a resident of Newfoundland and who
	...
	is entitled, according to his service and the waters served in, to either a foreign-going or home-trade certificate of service as master or mate of a steamship or sailing ship, as the case may be, exceeding ten tons gross tonnage.
	Clause 34: (1) Subsection 122(1) reads as follows:
	122. (1) The certificates that the Minister may grant to first, second, third or fourth class engineers may specify whether they entitle the holder to act as engineer in steamships fitted with steam engines or in steamships fitted with internal combustion or motor engines, or in both types of steamship, and where any certificate so specifies the type of engine, it is not valid with any other type of engine.
	(2) Subsection 122(3) reads as follows:
	(3) Where an applicant for a certificate as first or second class engineer desires that any certificate issued to him be marked to show that it has been issued under like terms and conditions as a certificate of the same grade issued under authority of the Merchant Shipping Acts, the Minister may, subject to such regulations as the Governor in Council may make in respect thereof, issue a certificate so marked.
	Clause 35: Subsection 124(2) reads as follows:
	(2) Examinations for certificates of competency as masters, mates or engineers shall be open only to persons who are British subjects or permanent residents within the meaning of the Immigration Act.
	Clause 36: Section 127 reads as follows:
	127. The Minister may make provision for affording facilities for imparting to seafaring men, desirous of becoming applicants for examination for certificates of competency as masters and mates under this Part, such information as may fit them for the examination.
	Clause 37: Subsection 130(1) reads as follows:
	130. (1) The master of every British foreign-going ship, wherever registered, shall produce to every officer of customs in Canada to whom he applies for a clearance of that ship on any voyage the certificates of competency or service that under this Act the master and his mates and engineers are required to possess.
	Clause 38: The relevant portion of section 151 reads as follows:
	151. Every shipping master shall
	...
	(c) provide means for securing the presence on board at the proper times of men who are engaged, when requested to do so, the expense of that service to be defrayed by the master, owner or agent of the ship requiring the presence of men on board;
	Clause 39: The relevant portion of subsection 165(2) reads as follows:
	(2) The agreement with the crew shall show the surname and other names of the seaman, his birthplace and age or date of birth, shall state clearly the respective rights and obligations of each of the parties and shall contain as terms thereof the following particulars:
	...
	(c) the number and description of the crew, specifying how many are engaged as sailors;
	Clause 40: Section 170 reads as follows:
	170. A shipping master shall, in the case of any ship, on all the requirements of this Part being complied with to his satisfaction, give to the master of the ship a certificate to that effect or to the effect that the agreement with the crew is in his office partially signed, waiting the engagement of a portion of the crew, as the case may be, and shall specify in the certificate the class of ship to which the ship belongs, whether it is a steamship or sailing ship, the ship's gross and register tonnage and particulars of its employment.
	Clause 41: The relevant portion of subsection 203(1) reads as follows:
	203. (1) With respect to wages due or accruing to a seaman or apprentice, the following provisions apply:
	(a) they are not subject to attachment or arrestment from any court;
	Clause 42: Sections 205 and 206 read as follows:
	205. (1) A seaman or apprentice or a person duly authorized on his behalf may, as soon as any wages due to him not exceeding two hundred and fifty dollars become payable, sue for them, in a summary manner before any judge of the Court of Quebec or Superior Court of the Province of Quebec, any judge of the Ontario Court (General Division), any judge of the Supreme Court of Nova Scotia or British Columbia, any judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, any judge of the Court of Queen's Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, any provincial court judge, or any two justices of the peace acting in or near the place at which his service has terminated, or at which he has been discharged, or at which any master or owner or other person on whom the claim is made is or resides, and the order made by the court in the matter is final.
	(2) The judge, magistrate or justices to whom a complaint on oath is made by a seaman or apprentice, or on his behalf, may summon the master or owner or other person to appear before him or them to answer the complaint.
	206. (1) On appearance of the master or owner or other person on whom a claim is made, the judge, magistrate or justices may examine on oath the parties and their respective witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
	(2) Where the master, owner or other person does not appear, then, on due proof of the master or owner or other person having been duly summoned, the judge, magistrate or justices may examine on oath the complainant and his witnesses concerning the complaint and the amount of wages due, and may make such order for the payment of any wages found due as appears reasonable and just.
	Clause 43: Subsection 207(1) reads as follows:
	207. (1) Where an order made pursuant to section 206 is not obeyed within twenty-four hours after the making thereof, the judge, magistrate or justices may issue a warrant to levy the amount of the wages awarded by distress and sale of the goods and chattels of the person on whom the order is made, together with all the charges and expenses incurred by the seaman or apprentice in the making and hearing of the complaint, and all costs, charges and expenses incurred in connection with the distress and levy, and the enforcement of the order.
	Clause 44: Section 208 reads as follows:
	208. (1) Where sufficient distress cannot be found, the judge, magistrate or justices may cause the amount of the wages and costs, charges and expenses to be levied on the ship in respect of which the wages were earned, or on the tackle and apparel thereof.
	(2) Where the ship is not within the jurisdiction of the judge, magistrate or justices, they may cause the person on whom the order for payment is made to be apprehended and committed to the common jail of the locality or, if there is no jail in the locality, to the jail that is nearest to the locality, for a term not exceeding three months and not less than one month.
	Clause 45: The relevant portion of subsection 209(1) reads as follows:
	209. (1) The Admiralty Court does not have jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages not exceeding two hundred and fifty dollars, except in the following cases:
	...
	(c) where any judge, magistrate or justices, acting under the authority of this Act, refers the claim to the court; or
	Clause 46: Section 210 reads as follows:
	210. Where any suit for the recovery of a seaman's wages is instituted against any ship or the master or owner thereof in the Admiralty Court, and it appears to the Court, in the course of the suit, that the plaintiff might have had as effectual a remedy for the recovery of his wages by complaint to a judge, magistrate or two justices of the peace under this Part, the judge shall certify to that effect, and thereupon no costs shall be awarded to the plaintiff.
	Clause 47: Subsection 214(1) reads as follows:
	214. (1) Where a seaman or apprentice belonging to a British ship, whether a foreign-going or a home-trade ship, the voyage of which is to terminate in Canada, dies outside Canada during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or apprentice that are on board the ship.
	Clause 48: Section 239 reads as follows:
	239. Every person on board a steamship who, without reasonable excuse, proof whereof lies on him, does or causes to be done, anything in such manner as to obstruct or injure any part of the machinery or tackle of the steamship, or to obstruct, impede or molest the crew, or any of them in the navigation or management of the steamship or otherwise in the execution of their duty on or about the steamship, is guilty of an offence and liable to a fine not exceeding one hundred dollars.
	Clause 49: New.
	Clause 50: Subsection 247(1) reads as follows:
	247. (1) Where a seaman or an apprentice commits any of the following offences in respect of a Canadian ship, in this Act referred to as ``offences against discipline'', he is liable, on summary conviction, to be punished as follows:
	(a) if he quits the ship without leave after the ship's arrival at the port of delivery and before the ship is placed in security, he is liable to forfeit out of his wages a sum not exceeding one month's pay;
	(b) if he is guilty of wilful disobedience to any lawful command, he is liable to imprisonment for a period not exceeding one month and, at the discretion of the court, to forfeit out of his wages a sum not exceeding two days pay;
	(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty, he is liable to imprisonment for a period not exceeding three months and, at the discretion of the court, to forfeit for every twenty-four hours continuance of that disobedience or neglect, a sum not exceeding six days pay or any expenses properly incurred in hiring a substitute;
	(d) if he assaults the master or any mate or certificated engineer of the ship, he is liable to imprisonment for a period not exceeding three months;
	(e) if he combines with any of the crew to disobey lawful commands to neglect duty or to impede the navigation of the ship or the progress of the voyage, he is liable to imprisonment for a period not exceeding three months;
	(f) if he wilfully damages the ship or steals or wilfully damages any of the ship's stores or cargo, he is liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also, at the discretion of the court, to imprisonment for a period not exceeding three months;
	(g) if he is convicted of any act of smuggling, whereby loss or damage is occasioned to the master or owner of the ship, he is liable to pay to that master or owner a sum sufficient to reimburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy; and
	(h) if he aids or procures a person to stow away on the ship, for which that person is afterwards convicted, he is liable to imprisonment for a period not exceeding six months and to pay to the master or owner of the ship a sum sufficient to reimburse any expenses occasioned to that master or owner in respect of that stowaway, and the whole or a proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice to any further remedy.
	Clause 51: The relevant portion of section 267 reads as follows:
	267. The master
	(a) of a foreign-going British ship registered in any Commonwealth country whose crew is discharged in Canada, and
	Clause 52: (1) New.
	(2) Subsection 273(10) reads as follows:
	(10) Every person who contravenes this section is guilty of an offence and liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both.
	Clause 53: Subsection 297(2) reads as follows:
	(2) Provision shall be made for the return of a seaman to a proper return port if the whole of the route is by sea, or if any part of the route is by sea, by placing the seaman on board a British ship that is in need of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, British or foreign, or with the money for his passage, and, if any part of the route is by land, by paying the expenses of his journey and of his maintenance during the journey, or providing him with means to pay those expenses.
	Clause 54: Subsection 298(2) reads as follows:
	(2) In deciding any question under this section, the proper authority shall have regard both to the convenience of the seaman and to the expense involved, and also, where it is the case, to the fact that a British ship that is in need of men to make up its complement is about to proceed to a proper return port or to a port in the vicinity thereof.
	Clause 55: Section 302 reads as follows:
	302. No person shall be appointed a steamship inspector unless he has passed a satisfactory examination before the Board of Steamship Inspection, and has obtained a certificate to that effect from the Chairman of the Board, and no person after appointment as a steamship inspector shall be financially interested in the construction or sale of steamships, their equipment or machinery.
	Clause 56: New.
	Clause 57: Subsections 304(1) and (2) read as follows:
	304. (1) There shall be a Board of Steamship Inspection, composed of the steamship inspectors and such other persons as the Minister may appoint.
	(2) The Governor in Council may appoint any member of the Board to be Chairman.
	Clause 58: (1) Subsection 305(2) reads as follows:
	(2) It shall be the duty of the Board
	(a) to give decisions in respect of the structural strength and suitability from the point of view of the safety of hulls, machinery and equipment where unusual features are presented;
	(b) to give decisions on such matters arising under this Part as may be referred to it by the Chairman; and
	(c) to examine candidates for the position of steamship inspector.
	(2) Subsection 305(2.1) reads as follows:
	(2.1) On application made in writing setting out the circumstances of the case, the Board may, in writing, for such period and on such conditions as it specifies,
	(a) exempt any ship from complying with any provision of the regulations made under this Act relating to design, construction, equipment, radio equipment, machinery, inspection, manning or operation of ships, where the Board considers that the exemption is necessary or desirable; or
	(b) permit the substitution, for any such provision of the regulations, of any other provision that, in the opinion of the Board, provides a level of safety at least equivalent to that provided by compliance with that provision of the regulations.
	(3) Subsection 305(3) reads as follows:
	(3) The Board may make rules and regulations for its own conduct, for the uniform inspection of steamships and for such other purposes as are necessary under this Part, and those rules and regulations after they are approved by the Governor in Council have force and effect as if enacted in this Part.
	Clause 59: New.
	Clause 60: Sections 311 and 312 read as follows:
	311. (1) When a steamship inspector inspects any steamship, he shall satisfy himself that the steamship has the navigation lights and other equipment required under the Collision Regulations and that it has the proper certificated officers, navigating and engineering, required under this Act, and a certificate shall not be given to any steamship unless it has the navigating equipment and certificated officers.
	(2) A steamship inspector shall demand of the owner or master of every steamship that he inspects the production of the certificate of registry or licence of the vessel, and the owner or master shall produce that certificate or licence on demand.
	(3) A steamship inspector may demand all reasonable assistance from the owner or master of a ship for the purpose of making an inspection or obtaining information.
	312. A steamship inspector shall keep a record of the inspections he makes and certificates he issues, in such form and with such particulars respecting them as the Chairman directs, and shall furnish copies thereof and any other information pertaining to the duties of his office that the Chairman may require.
	Clause 61: Section 314.1 reads as follows:
	314.1 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 314 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 62: New.
	Clause 63: Subsections 319(3) to (6) read as follows:
	(3) For the purposes of this section and subsection 318(2), the Chairman may direct that a survey or inspection by
	(a) an exclusive surveyor to a society or association for the classification and registry of ships, approved by the Minister, or
	(b) a surveyor or inspector appointed by the government of a country other than Canada,
	if made at a place outside Canada may, subject to the regulations, be deemed to have been made by a steamship inspector, and the report of that surveyor or inspector may be delivered to a steamship inspector who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.
	(4) For the purposes of this section and of section 318, the Governor in Council may, by regulations made under subsection (5), provide that a survey or inspection of a ship by an exclusive surveyor to a society or association for the classification and registry of ships, if made at a place in Canada, may be deemed to have been made by a steamship inspector, and the report of that surveyor may be delivered to the Chairman or to a steamship inspector, as the case may be, who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.
	(5) The Governor in Council may make regulations prescribing
	(a) the classes of ships to which subsection (4) applies;
	(b) which societies or associations for the classification and registry of ships are recognized for the purposes of subsection (4);
	(c) the scope of surveys or inspections referred to in subsection (4);
	(d) the terms and conditions under which a report of a surveyor referred to in subsection (4) may be accepted by the Chairman or by a steamship inspector, including the submission to the Chairman or steamship inspector of information in addition to the report of the surveyor;
	(e) the terms and conditions of the continued validity of a certificate issued by the Chairman or by a steamship inspector pursuant to subsection (4); and
	(f) the longer period, not exceeding twenty-five years, referred to in paragraph 316(2)(b) and subsection 316(3).
	(6) The Chairman or a steamship inspector is not liable to any person by reason only of having issued the appropriate certificate in reliance on a report of a surveyor or inspector referred to in subsection (3) or (4).
	Clause 64: Section 319.1 reads as follows:
	319.1 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 319(4) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 65: The relevant portion of section 330 reads as follows:
	330. A clearance shall not be granted for any Safety Convention ship until there has been produced to the officer of customs from whom clearance is requested
	...
	(d) if the ship is a cargo ship other than a nuclear ship and there has not been produced a certificate mentioned in paragraph (a),
	(i) a valid Cargo Ship Safety Construction Certificate and a valid Cargo Ship Safety Equipment Certificate, where the gross tonnage of the ship is five hundred tons or more, and
	(ii) a valid Cargo Ship Safety Radio-telegraphy Certificate, where the gross tonnage of the ship is sixteen hundred tons or more, or a valid Cargo Ship Safety Radio-telegraphy Certificate or a valid Cargo Ship Safety Radio-telephony Certificate, where the gross tonnage of the ship is less than sixteen hundred tons,
	and any valid Exemption Certificate that has been issued in respect of the ship.
	Clause 66: Section 336 reads as follows:
	336. No Canadian ship being a ship of over one hundred and fifty tons gross tonnage shall proceed to sea on an international voyage unless the ship is provided with a signalling lamp of a type approved by the Board, and if any ship proceeds or attempts to proceed to sea in contravention of this section, the owner or master thereof is guilty of an offence and liable to a fine not exceeding one hundred dollars.
	Clause 67: (1) to (4) The relevant portion of subsection 338(1) reads as follows:
	338. (1) The Governor in Council may make regulations respecting
	(a) the construction of hulls, including their subdivision into watertight compartments, and the fitting of double bottoms and fire-resisting bulkheads;
	...
	(c) the construction of equipment and the class and quantity of various types of equipment to be carried in any vessel including the marking of boats, life-boats, life-rafts and buoyant apparatus so as to show the dimensions thereof and the number of persons authorized to be carried thereon;
	...
	(o) the manning of steamships, the number of certificated life-boat men to be carried and the qualifications for and the granting of certificates to life-boat men;
	(5) Paragraph 338(1)(o) of the Act, as enacted by subsection 47(6) of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, reads as follows:
	(o) the manning of steamships;
	Clause 68: New.
	Clause 69: (1) Subsection 339(1) reads as follows:
	339. (1) The regulations that the Governor in Council may make under section 338, in so far as they apply to Safety Convention ships, may include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention.
	(2) The relevant portion of subsection 339(2) reads as follows:
	(2) The regulations that the Governor in Council may make under section 338 in respect of the subdivision of passenger steamships into watertight compartments shall be such that, if it appears to the Minister
	(a) that any such ship plying on any international voyage, and carrying more than twelve passengers incurs exceptional risks owing to weather and traffic conditions, and
	Clause 70: The relevant portion of subsection 339.1(1) reads as follows:
	339.1 (1) The Governor in Council may make regulations to implement, in whole or in part, the following Codes adopted by the International Maritime Organization, as those Codes may be amended from time to time:
	...
	(d) Code for the Construction and Equipment of Mobile Offshore Drilling Units (1979),
	but such regulations may impose stricter standards than those set out in the relevant Code.
	Clause 71: Section 339.2 reads as follows:
	339.2 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 339.1 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 72: Sections 340 to 344 read as follows:
	340. No person shall navigate
	(a) in Canadian waters any ship, and
	(b) in any waters a Canadian ship,
	unless that ship is fitted with a ship station that complies with the re quirements prescribed by the regulations for that class of ship and has on board operators in such number and having such qualifications as are prescribed by the regulations.
	341. (1) No Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, shall proceed on an international voyage unless there is in force in respect of that ship
	(a) a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate; and
	(b) if the ship has been exempted from any of the provisions of this Act or the regulations relating to radio, an Exemption Certificate that by the terms thereof is applicable to the voyage on which the ship is about to proceed.
	(2) Every person who contravenes subsection (1) or section 340 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.
	342. The Governor in Council may make regulations in respect of the following matters:
	(a) for the delaying of the application of the Safety Convention where delay is permitted under the Convention, but the delay shall be for periods not exceeding those permitted under the Safety Convention;
	(b) prescribing the ship stations to be fitted on Canadian ships and on ships other than Canadian ships while navigating in Canadian waters;
	(c) to authorize the imposition of a fine not exceeding fifty dollars and costs or three months imprisonment for the contravention of any regulation made under this section and the recovery of the fine on summary conviction; and
	(d) for the imposition of fines not exceeding fifty dollars and costs on persons found guilty of any breach of any regulation made by the Minister under this Part.
	343. For the purpose of safety or navigation, the Minister may make regulations in respect of the following matters:
	(a) classifying ship stations and prescribing the type, characteristics, manner of installation and the conditions to be observed in the operation of regular and emergency radio installations, including radar, direction-finding apparatus and associated equipment to be installed in ship stations;
	(b) prescribing the watches to be kept at the different classes of ship stations and the number and qualifications of operators to be carried on those stations;
	(c) making provision with respect to the certificates to be held by and the duties of operators;
	(d) providing for the inspection of ship stations;
	(e) providing how radio equipment installed on any foreign or British ship shall be operated while such ship is within Canadian jurisdiction;
	(f) compelling all ship stations to receive, accept, exchange and transmit signals and messages with other radio stations and in such manner as he may prescribe;
	(g) requiring the master of a ship to enter in the official log-book of the ship such particulars relating to the operation of the radio installation and to the maintenance of the radio service as may be specified in the regulations;
	(h) requiring the operator on a ship station to keep a radio log and to enter therein such particulars as may be prescribed in the regulations; and
	(i) for the effective carrying out of the provisions of this Act relating to radio.
	344. The regulations to be made by the Governor in Council pursuant to this Act applicable to ships plying on international voyages shall include such requirements as appear to him to be necessary to implement the provisions of the Safety Convention that relate to radio, except in so far as those provisions are otherwise implemented by this Act.
	Clause 73: (1) Subsection 348 (1) reads as follows:
	348. (1) Where a radio inspector has inspected a Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, and he is satisfied that it complies with the provisions of this Act and the regulations relating to radio, he shall issue in respect of the ship a Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate.
	(2) Subsection 348(3) reads as follows:
	(3) Inspection of the radio installations of a ship that does not ply on international voyages shall be in accordance with regulations made under section 343, and a certificate issued in respect of that inspection shall be referred to as a ``Radio Inspection Certificate''.
	Clause 74: Sections 349 to 351 reads as follows:
	349. (1) Where a valid Passenger Ship Safety Certificate, Nuclear Passenger Ship Safety Certificate, Nuclear Cargo Ship Safety Certifi cate, Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Safety Radio-telephony Certificate is produced in respect of a Safety Convention ship that is not a Canadian ship
	(a) if the certificate shows that the ship is wholly exempt from the provisions of the Safety Convention relating to radio-telegraphy or radio-telephony, the ship is exempt from the provisions of this Act relating to radio-telegraphy or radio-telephony; and
	(b) if the certificate shows that the ship is not wholly exempt from the provisions of the Safety Convention, the following provisions of this section apply to the ship in lieu of the other provisions of this Act relating to radio-telegraphy or radio-telephony.
	(2) A radio inspector may inspect the ship for the purpose of seeing that the radio installation and the number of certified operators carried on the ship correspond substantially with the particulars stated in the certificate.
	(3) Where it appears to the radio inspector that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the radio installation or the number of operators does not correspond substantially with the particulars stated in the certificate, the inspector shall give to the master notice in writing pointing out the deficiency and also pointing out what, in his opinion, is required to remedy the deficiency.
	(4) Every notice given under subsection (3) shall be communicated in the manner directed by the Minister to the chief officer of customs of any port at which the ship may seek to obtain a clearance and to the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and a clearance shall not be granted to the ship, and the ship shall be detained, until a certificate under the hand of a radio inspector of ships is produced to the effect that the deficiency has been remedied.
	350. (1) A Cargo Ship Safety Radio-telegraphy Certificate or a Cargo Ship Radio-telephony Certificate shall not be in force for more than one year from the date of its issue nor after notice is given by the Minister, or a person authorized by him, to the owner, agent or master of the ship in respect of which it has been issued that he has cancelled it, and no Exemption Certificate shall be in force for a longer period than the certificate to which it relates.
	(2) Notwithstanding subsection (1), where the inspection of a Canadian Safety Convention ship that is a cargo ship of three hundred tons gross tonnage or more but less than five hundred tons gross tonnage, and in respect of which a certificate described in subsection (1) has been issued, takes place within two months after the end of the period for which the certificate was issued, a new certificate may be issued for a period ending one year after the date the former certificate expires if the ship meets the requirements of this Act and the regulations.
	(3) The owner or master of a ship in respect of which a certificate described in subsection (1) has been issued shall cause that certificate to be posted on the ship in a conspicuous place accessible to all persons on board and to remain so posted for so long as the certificate is in force and the ship is in use.
	(4) Where a Canadian ship in respect of which any certificate described in subsection (1) has been issued is absent from Canada at the date when the certificate expires, the Minister or any person authorized by him for the purpose may, if it appears proper and reasonable to do so, grant such an extension of the certificate as will allow the ship to return to Canada, but no extension has effect for a period exceeding five months from that date.
	(5) A certificate that has not been extended under subsection (4) may be extended by the Minister or any person authorized by him for the purpose for a period not exceeding one month after the date on which it would otherwise expire.
	351. (1) The operation of the radio station on any vessel shall be under the control of the master of the vessel.
	(2) The master of a vessel has the right to censor all messages addressed to or transmitted by a radio station on board his vessel, but he shall not divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message coming to his knowledge through the exercise of that censorship, nor shall the master or any operator divulge to any person, other than the properly authorized officials of the Government of Canada or a competent legal tribunal, or make any use whatever of any message, other than a message of distress, urgency or safety, coming to his knowledge and not intended for the radio station.
	(3) No message shall be delivered, or its contents divulged, to any person except the addressee, his accredited agent or such properly authorized persons as are essential for the forwarding of the message to its destination.
	(4) Every person who makes use of any message or the contents thereof that has been delivered or divulged to him in contravention of subsection (3) is guilty of an offence and liable to a fine not exceeding one hundred dollars and to imprisonment for a term not exceeding six months.
	Clause 75: Subsection 370(3) reads as follows:
	(3) Where the Minister certifies
	(a) that by the law in force in any Commonwealth country other than Canada provision has been made for the fixing, marking and certifying of load lines on British ships, or any class or description of British ships, registered in that Commonwealth country, or
	(b) that by the law in force in any foreign country provision has been made for the fixing, marking and certifying of load lines on ships, or any class or description of ships, registered in that country and has also been so made, or has been agreed to be so made, for recognizing Load Line Convention Certificates issued in Canada as having the same effect in ports of that country as certificates issued under that provision,
	and that the provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provisions of this Part and is equally effective, the Governor in Council may direct that Load Line Certificates issued pursuant to that provision in respect of British ships, or that class or description of British ships, registered in that Commonwealth country, or in respect of ships, or that class or de scription of ships, of that foreign country, as the case may be, have the same effect for the purpose of this Part as Special Load Line Certificates issued in Canada pursuant to this section.
	Clause 76: Section 373 and the heading before it read as follows:
	Loading of Timber
	373. (1) The Governor in Council may make regulations, in this section referred to as the ``timber cargo regulations'', respecting the conditions on which timber may be carried as cargo outside Canada in any uncovered space on the deck of any Load Line ship.
	(2) The timber cargo regulations shall contain such regulations as appear to the Governor in Council to be necessary for the purpose of giving effect to paragraph 2 of Article 6 of the Load Line Convention.
	(3) Subject to subsection (2), the timber cargo regulations may prescribe generally the conditions on which timber may be carried as deck cargo outside Canada in any Load Line ship on all voyages or on any particular class of voyages and at all seasons or at any particular season, and in particular may prescribe the manner and position in which the timber is to be stowed and the provision that is to be made on the ship for the safety of the crew.
	(4) Where a Load Line ship is about to make a voyage carrying a deck cargo of timber from Canada, the owner or master shall have the ship inspected by a port warden, or other person directed thereto in writing by the Minister who shall, if he is satisfied that he can do so with propriety, give a certificate showing that the ship is suitable for the carriage of deck cargoes of timber, and that the cargo is properly stowed and secured in accordance with the timber cargo regulations.
	(5) In the absence of a port warden or other person directed by the Minister, the certificate mentioned in subsection (4) shall be given by the master and deposited with the chief officer of customs at the port before the ship clears on its voyage, and that officer shall refuse to clear the ship unless the certificate is deposited with him.
	(6) No ship described in subsection (4) shall proceed unless it has on board the certificate mentioned in that subsection, which shall be produced on demand of the chief officer of customs at any port.
	(7) For any contravention or attempted contravention of this section, the owner or master of any ship is guilty of an offence and liable to a fine of not more than twenty-five hundred dollars and not less than one hundred dollars, but in any proceedings against a master in respect of a contravention of the timber cargo regulations, it is a good defence to prove that the contravention was due solely to deviation or delay, the deviation or delay being caused solely by stress of weather or other circumstances that neither the master, the owner nor the charterer, if any, could have prevented or forestalled.
	(8) The regulations made under this section may contain appropriate provisions applying to any Load Line ship loaded with a timber deck cargo that is at any place in Canada.
	Clause 77: (1) The relevant portion of subsection 375(2) reads as follows:
	(2) The Governor in Council may make regulations
	(a) to carry out and give effect to the International Convention on Load Lines, 1966, signed at London on April 5, 1966, as amended in London on October 12, 1971 and November 15, 1979, including any amendments, whenever made, to the Annexes to that Conven tion;
	(3) Subsections 375(2.1) and (2.2) read as follows:
	(2.1) Subject to subsection (2.2), a copy of each regulation that the Governor in Council proposes to make under paragraph (2)(a) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2.2) Subsection (2.1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (2.1) apply where the Governor in Council is satis fied that an emergency situation exists and that compliance with subsec tion (2.1) would therefore be prejudicial to the public interest.
	Clause 78: New.
	Clause 79: (1) Subsection 384(1) reads as follows:
	384. (1) The master of a Canadian ship at sea, on receiving a signal from any source that a ship or aircraft or survival craft thereof is in distress, shall proceed with all speed to the assistance of the persons in distress informing them if possible that he is doing so, but if he is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, he shall enter in the official log-book of the ship the reason for failing to proceed to the assistance of those persons.
	(2) Subsection 384(5) reads as follows:
	(5) If the master of a Canadian ship contravenes this section he is guilty of an indictable offence and liable to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding one year.
	Clause 80: New.
	Clause 81: Subsections 385(1) to (3) reads as follows:
	385. (1) The Minister may designate persons, to be known as rescue coordinators, to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada.
	(2) On being informed that a vessel or aircraft or survival craft thereof is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate it may be in distress, a rescue coordinator may
	(a) order all vessels within an area specified by him to report their positions to him;
	(b) order any vessel to take part in a search for that vessel, aircraft or survival craft or to otherwise render assistance; and
	(c) give such other orders as he deems necessary to carry out search and rescue operations for that vessel, aircraft or survival craft.
	(3) Every master or person in charge of a vessel in Canadian waters or a Canadian vessel on the high seas off the coasts of Canada who fails to comply with an order given by a rescue coordinator or a person acting under his direction is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both.
	Clause 82: New.
	Clause 83: Subsection 389(8) reads as follows:
	(8) No prosecution under this section shall be instituted except by or with the consent of the Minister.
	Clause 84: Subsections 391(5) and (6) reads as follows:
	(5) For the purposes of subsection (3), the court shall require any surveyor of ships appointed under this Act, or any person appointed for the purpose by the Minister, or, if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, any other impartial surveyor appointed by the court, and having no interest in the ship, its freight or cargo, to survey the ship and to answer any question concerning it that the court may think fit to put.
	(6) The surveyor or other person referred to in subsection (5) shall survey the ship and make his written report to the court, including an answer to every question put to him by the court, and the court shall cause the report to be communicated to the parties, and, unless the opinions expressed in the report are proved to the satisfaction of the court to be erroneous, shall determine the questions before it in accordance with those opinions.
	Clause 85: Section 393 reads as follows:
	393. Any complaint in respect of the seaworthiness of a ship shall be in writing, stating the name and address of the complainant, and a copy of the complaint, including the name and address of the complainant, shall be given to the owner or master of the ship at the time of detention if the ship is detained.
	Clause 86: Section 401 reads as follows:
	401. (1) No person shall in Canada consign to be loaded on any ship, and no master, owner or agent of any ship shall in Canada cause or permit to be loaded on any ship, any package or object of a gross weight of two thousand two hundred and forty pounds or over without causing its weight to be plainly and durably marked on the outside of the package or object, but in the case of a package or object of such a character that its exact weight would be difficult to ascertain, an approximate weight may be so marked accompanied by the word ``approximate'' or any reasonable abbreviation thereof.
	(2) Every person who fails to comply with this section is guilty of an offence and liable to a fine not exceeding one hundred dollars.
	Clause 87: Subsection 402(2) reads as follows:
	(2) Any person who impedes, obstructs or prevents any Inspector of Ships' Tackle in the exercise of his duties, or refuses him reasonable assistance or full and truthful answer to any pertinent question put with relation to any machinery or tackle or to any accident, is guilty of an offence and liable to a fine of not more than one hundred dollars and not less than fifty dollars.
	Clause 88: Subsection 403(2) reads as follows:
	(2) If any person who is ordered to cease the operation of loading or unloading continues the operation or allows it to be continued, he is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than one hundred dollars.
	Clause 89: Subsection 404(3) reads as follows:
	(3) Every person who fails to comply with this section is guilty of an offence and liable to a fine of not more than fifty dollars and not less than twenty dollars.
	Clause 90: The relevant portion of section 406 reads as follows:
	406. Steamships not in excess of five tons gross tonnage that do not carry more than twelve passengers and that are not pleasure yachts are exempt from annual inspection and from the regulations made under section 338 other than those respecting
	Clause 91: Subsections 407(2) and (3) reads as follows:
	(2) Steamships described in subsection (1), if fitted with a boiler operating at a pressure in excess of 103 kPa, are, in addition to such inspection every fourth year, subject to annual inspection of their boilers, life-saving equipment and systems for precautions against fire, in like manner and as if they were steamships in excess of one hundred and fifty tons gross tonnage.
	(3) Steamships not in excess of fifteen tons gross tonnage that are not passenger steamships are exempt from the provisions of this Part relating to annual inspection, except that such steamships, if fitted with a boiler operating at a pressure in excess of 103 kPa, are subject to inspection of their boilers, life-saving equipment and systems for precautions against fire as provided in subsection (2).
	Clause 92: Sections 412 and 413 read as follows:
	412. Any person who impedes, prevents, obstructs or resists any steamship inspector, chief officer of customs or other person acting with the written authority of the Minister in the performance of any duty under any of the provisions of this Part, or of any order in council made thereunder, who refuses to answer any pertinent question put to him or who falsely answers any such question, or who refuses to give assistance to the steamship inspector, chief officer of customs or other person in the discharge of his duty, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars or to imprisonment for a term not exceeding three months or to both fine and imprisonment.
	413. Any person who knowingly removes, or causes to be removed, or is a party to removing any ship that has been running in contravention of any of the provisions of this Part or of any order in council made thereunder, and has been detained by any chief officer of customs, or by a steamship inspector or other person thereunto directed in writing by the Minister, is guilty of an offence and liable to a fine of not more than five hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months.
	Clause 93: Section 419 and the heading before it read as follows:
	General Offence
	419. (1) Except where otherwise specially provided in this Part, the owner or master of any ship is guilty of an offence punishable on summary conviction for any contravention of this Part or any regulation made under this Part.
	(2) For greater certainty, the meaning of ``ship'' in subsection (1) is, for the purposes of a contravention of a regulation made under section 338, co-extensive with the scope of application of that regulation.
	Clause 94: Subsection 420(1) reads as follows:
	420. (1) The Governor in Council may direct that this Part or any of the provisions thereof shall apply to any ship or class of ship registered elsewhere than in Canada while within Canadian waters.
	Clause 95: New.
	Clause 96: New.
	Clause 97: New.
	Clause 98: The heading before section 423 and sections 423 and 424 read as follows:
	Appointment of Receivers of Wrecks
	423. The Governor in Council may
	(a) establish, alter or abolish districts for the purposes of this Part;
	(b) appoint any officer of customs or, when it appears to him more convenient, any other person to be a receiver of wrecks; and
	(c) subject to this Part, make regulations for the conduct of receivers of wrecks.
	424. (1) Where, at any time, there is no receiver of wrecks for any district included within the limits of an agency of the Department, the agent of the Department of the district is the receiver of wrecks for the district.
	(2) Where, at any time, there is no receiver of wrecks for any other district, the chief officer of customs at the principal port in such district is the receiver of wrecks for such district.
	Clause 99: Subsection 426(2) reads as follows:
	(2) Any person who fails without reasonable cause to comply with directions of the receiver of wrecks is guilty of an offence and liable to a fine not exceeding two hundred dollars.
	Clause 100: (1) The relevant portion of subsection 428(1) reads as follows:
	428. (1) The receiver of wrecks may, with a view to the preservation of a vessel, or of any shipwrecked persons or wreck,
	...
	(b) require the master of any vessel near at hand to give such aid with his men or vessel as is in his power; and
	(2) Subsection 428(2) reads as follows:
	(2) If any person whose service or property is required pursuant to subsection (1) fails, without reasonable cause, to comply with any requirement, he is guilty of an offence and liable to a fine not exceeding twenty dollars.
	Clause 101: Section 430 reads as follows:
	430. Where, when the receiver of wrecks or any person acting under his orders is engaged in the execution of the duties by this Part committed to the receiver, any person who resists the receiver or person is maimed, hurt or killed by reason of the resistance, no action, suit or prosecution against the receiver or other person for or by reason of or on account of the maiming, hurting or killing shall be instituted or maintained, either on behalf of Her Majesty or of the person maimed or hurt, or the representatives of any person killed.
	Clause 102: Subsection 431(2) reads as follows:
	(2) If the owner or occupier of any lands fails to comply with this section or hinders, prevents or obstructs the execution thereof, he is guilty of an offence and liable to a fine not exceeding four hundred dollars.
	Clause 103: The heading before section 434 and sections 434 and 435 read as follows:
	Officers Acting as Receivers of Wrecks
	434. (1) When a receiver of wrecks is not present, any chief officer of customs, fishery officer or stipendiary magistrate on board any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, and any officer of customs, sheriff, justice of the peace, officer of the regular force of the Canadian Forces or lighthouse keeper employed by the Government of Canada may do all matters and things by this Part authorized to be done by the receiver, for the preservation of shipwrecked persons, vessels and wrecks.
	(2) Where any two or more of the officers or persons described in subsection (1) are present on any occasion, they shall respectively have priority in relation to the doing of any matter or thing in the order in which they are named in that subsection.
	(3) Any officer or person acting pursuant to subsection (1) shall, in respect of any wreck the delivery of which to the receiver of wrecks is by this Part required, be considered as the agent of the receiver, and shall place the wreck in the custody of the receiver, and that officer or person is not entitled to any fees payable to receivers of wrecks, and is not deprived, by reason of his so acting, of any right to salvage to which he would otherwise be entitled.
	435. Any person acting under the orders of an officer or person acting pursuant to section 434 shall, for the purposes of this Part, be deemed to be acting under the orders of a receiver of wrecks.
	Clause 104: Section 436 reads as follows:
	436. (1) Whenever any person takes possession of a wreck within the limits of Canada, including Canadian waters, he shall, as soon as possible, deliver it to the receiver of wrecks, but the Minister may dispense with that delivery in the case of any wreck, on such conditions as he thinks fit.
	(2) This section applies to any aircraft or any part thereof or cargo thereof found derelict at sea outside Canadian waters and brought within the territorial limits of Canada.
	(3) If any person who has taken possession of a wreck without reasonable cause fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding four hundred dollars, and, in addition, to a fine equal to double the value of the wreck, and he forfeits any claim or right to claim salvage relating to the wreck.
	Clause 105: Subsection 437(1) reads as follows:
	437. (1) Every person in whose possession and on whose premises is found any wreck discovered by a receiver of wrecks, on search by him under a search warrant granted in that behalf by a justice of the peace, who fails, on being summoned by two justices of the peace, to appear before them to prove to their satisfaction that he was lawfully entitled to the possession of the wreck is, in the case of a first failure, guilty of an offence and liable to a fine not exceeding eighty dollars and, in any other case, is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding one year.
	Clause 106: Section 440 reads as follows:
	440. Every receiver of wrecks shall, within forty-eight hours after taking possession of any wreck, cause to be posted up in the custom-house nearest to the place where the wreck was found or was seized by or delivered to him, a description of the wreck and of any marks by which it is distinguished, and shall also transmit a similar description to the Minister, who may give such publicity to that description as he thinks fit.
	Clause 107: Section 445 reads as follows:
	445. (1) Where no owner establishes a claim to a wreck before the expiration of a year from the date at which it has come into the possession of the receiver of wrecks, the wreck, if unsold, shall be sold by such persons and in such manner as the Minister directs.
	(2) The proceeds of the sale shall, after payment of expenses, costs, fees and salvage, be paid over to the Receiver General, to form part of the Consolidated Revenue Fund.
	Clause 108: Section 448 reads as follows:
	448. Every person who wilfully impedes a receiver of wrecks in the execution of his duty, or defaults in appearing or giving evidence before him, is guilty of an offence and liable to a fine not exceeding four hundred dollars.
	Clause 109: Subsection 451(1) reads as follows:
	451. (1) The master or person in charge of a vessel shall, in so far as he can do so without serious danger to his own vessel, its crew and passengers, if any, render assistance to every person, even if that person is a subject of a foreign state at war with Her Majesty, who is found at sea and in danger of being lost, and if he fails to do so he is guilty of an offence and liable to a fine not exceeding one thousand dollars.
	Clause 110: Section 454 reads as follows:
	454. Where in a dispute respecting salvage the amount claimed does not exceed one hundred dollars or the value of the property liable, or alleged to be liable, for the salvage does not exceed two hundred and fifty dollars, or where the parties consent in writing, the dispute shall be heard and determined by the receiver of wrecks for the district where the services were rendered or where the property liable is at the time of the making of the claim, and his award shall include fees and costs.
	Clause 111: Subsections 461(1) and (2) read as follows:
	461. (1) Where the value of the property seized and detained by a receiver of wrecks pursuant to section 460 does not exceed two hundred and fifty dollars, any question respecting the amount of the security to be given or respecting the sufficiency of the sureties may be determined by the receiver of wrecks.
	(2) Where the value of the property exceeds two hundred and fifty dollars, any question respecting the amount of the security to be given or respecting the sufficiency of the sureties may be determined on the application either of the owner of the property or of the salvors or any of them, or of the receiver of wrecks, by the Admiralty Court.
	Clause 112: Subsection 464(2) reads as follows:
	(2) Where the amount has been finally ascertained by admission or agreement, but a dispute arises or is apprehended with respect to the apportionment thereof among several claimants, the person liable to pay the amount may pay the amount, if it exceeds one hundred dollars, into the Admiralty Court, or, if the amount does not exceed one hundred dollars, or if the claimants so agree, it may be paid to the receiver of wrecks.
	Clause 113: Subsection 473(1) reads as follows:
	473. (1) There shall be paid to every receiver of wrecks the expenses properly incurred by him in the performance of his duties, and in respect of the matters specified in Form 5 in Schedule IV, such fees set out in that Form as are directed by the Governor in Council.
	Clause 114: Section 475 reads as follows:
	475. All fees received by any receiver of wrecks in respect of any of the matters specified in Form 5 in Schedule IV may be retained by him for his own remuneration.
	Clause 115: The relevant portion of subsection 478(1) reads as follows:
	478. (1) The Governor in Council may make regulations
	...
	(d) prescribing the information to be included in any report referred to in paragraph (a), (b) or (c) and the form of that report.
	Clause 116: The relevant portion of subsection 479(1) reads as follows:
	479. (1) Where any ship, British or foreign, is or has been in distress in Canadian waters, a receiver of wrecks or, at the request of the Minister, a wreck commissioner or deputy approved by the Minister, or, in the absence of those persons, a justice of the peace, shall, as soon as conveniently may be, examine on oath any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof with respect to the following matters:
	Clause 117: Subsections 480(2) and (3) read as follows:
	(2) Where, on a preliminary inquiry respecting a shipping casualty, the officer or person holding the inquiry is of the opinion that any loss or damage, or the stranding of any ship, or any loss of life has been caused by the wrongful act or default or by the incapacity of the pilot in charge, or that the pilot has been guilty of any gross act of misconduct or drunkenness, the licence of the pilot may be suspended by that officer or person until a formal investigation under this Part has been held and a further decision rendered on the case.
	(3) The term of suspension shall not exceed a period of three days, unless the Minister notifies the pilot within that time that a formal investigation will be held.
	Clause 118: The heading before section 483 and sections 483 to 491 read as follows:
	Formal Investigations into Casualties
	483. (1) The Minister may appoint any officer of the Government of Canada, any judge of any court of record, any deputy judge of the Federal Court or any provincial court judge to be a commissioner to hold formal investigations, or any formal investigation in respect of any shipping casualty, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and a commissioner shall for that purpose be a court.
	(2) Where the Minister considers any shipping casualty to be of extreme gravity and special importance, the Minister may appoint two or more fit persons to be commissioners to hold a formal investigation, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and the commissioners so appointed are for that purpose a court and that court shall, in addition to its judgment, make a full and detailed report to the Minister on the circumstances of the case, and may make such recommendations as may in its opinion be proper.
	(3) The Minister shall not direct the holding of a formal investigation in respect of any shipping casualty occurring to or in respect of a ship registered in any Commonwealth country other than Canada except at the request, or with the consent, of the government of that country in which the ship is registered.
	(4) Subsection (3) does not apply in the case of a shipping casualty that occurs on or near the coast of Canada or in respect of a ship wholly engaged in the coasting trade of Canada.
	484. An investigation into a shipping casualty shall not be held under this Part into any matter that has once been the subject of an investigation or inquiry and has been reported on by a competent court or tribunal in any Commonwealth country, or with respect to which the certificate of a master, mate, pilot or engineer has been cancelled or suspended by a naval court.
	485. A court appointed pursuant to section 483 is authorized to hold a formal investigation if the investigation is ordered by the Minister in the following cases:
	(a) a shipping casualty;
	(b) where a master, mate, pilot or engineer has been charged with incompetency, misconduct or default while serving on board any British ship in Canadian waters or in the course of a voyage to a port in Canada;
	(c) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving as an officer on board a Canadian ship;
	(d) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving on board a British ship is found in Canada;
	(e) where, in the case of a collision, the master or certificated officer or pilot in charge of a vessel fails, without reasonable cause,
	(i) to render to the other vessel, its master, crew and passengers, such assistance as is practicable and necessary to save them from any danger caused by the collision,
	(ii) to stay by the vessel until he has ascertained that the vessel has no need of further assistance, and
	(iii) to give to the master or person in charge of the other vessel the name of his own vessel, the port to which he belongs and the names of the ports from which he comes and to which he is bound; and
	(f) where the Minister believes on reasonable grounds that any master, mate, pilot or engineer is from any cause unfit to discharge or incapable of discharging his duties.
	486. It is not necessary to hold a preliminary inquiry before a formal investigation is held.
	487. (1) The Minister may appoint one or more assessors of nautical, engineering or other special skill or knowledge for the purpose of assisting courts appointed pursuant to section 483 in holding formal investigations into shipping casualties, and the appointments shall be in force for three years.
	(2) An assessor is eligible for re-appointment, and the Minister may at any time cancel the appointment of an assessor.
	(3) There shall be paid to every assessor the expenses properly incurred by him in the performance of his duties and such fees for services as are determined by the Minister.
	488. (1) A court holding a formal investigation into a shipping casualty shall hold it with two or more assessors to be selected for that purpose by the Minister.
	(2) The assessors selected under subsection (1) shall have nautical, engineering or special skill in the matter to be inquired into.
	489. Every commissioner and assessor, before entering on his duties, shall take and subscribe the following oath:
	I, ..........., do swear (or solemnly affirm) that I will perform the duties of commissioner (or assessor) under the Canada Shipping Act, and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God.
	490. Formal investigations shall be held in a town hall, county court house or public building, or in some other suitable place to be determined by the court.
	491. (1) A court holding a formal investigation under this Part has the power of summoning before it any person and of requiring him to give evidence on oath, either orally or in writing, and to produce such documents and things as the court deems requisite to the full investigation of the matters into which it is appointed to examine, and it has the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of justice in civil cases.
	(2) The proceedings of the court shall be assimilated as far as possible to those of the ordinary courts of justice, with the like publicity.
	(3) If any person summoned by the court and paid or tendered his proper expenses of attendance does not, without reasonable cause, obey the summons, or having attended, refuses to give evidence or to produce such documents and things as the court deems requisite, he is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding forty dollars.
	Clause 119: Subsection 492(1) reads as follows:
	492. (1) Every witness attending at a preliminary inquiry or at a formal investigation under this Part shall be allowed such fees and expenses as would be allowed to any witness attending on subpoena to give evidence before the Federal Court.
	Clause 120: Sections 493 to 503 read as follows:
	493. (1) The certificate of a master, mate or engineer, or the licence of a pilot, may be cancelled or suspended
	(a) by a court holding a formal investigation into a shipping casualty under this Part, or by a naval court constituted under this Act, if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default, but the court shall not cancel or suspend a certificate unless at least one of the assessors concurs in the finding of the court;
	(b) by a court holding an inquiry under Part II or under this Part into the conduct of a master, mate or engineer, if it finds that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under Part IX; or
	(c) by any naval or other court where under the powers given by this Part, the holder of the certificate is superseded or removed by that court.
	(2) The provisions of this Part relating to the manner in which the certificates of a master, mate or engineer shall be dealt with extend, in so far as they are applicable, to pilots' licences, which are subject to cancellation or suspension in the same manner as those certificates are subject to cancellation or suspension under this Part.
	(3) The court may, instead of cancelling or suspending the licence of a pilot, penalize that pilot in any sum of not more than four hundred dollars and not less than fifty dollars, and may make an order for the payment of the penalty by instalments or otherwise, as it deems expedient.
	(4) Any penalty incurred under this section may be recovered in the name of Her Majesty in a summary manner with costs under the provisions of the Criminal Code relating to summary convictions.
	(5) Where any case before a court described in subsection (1) involves a question with respect to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court its decision with respect to the cancelling or suspending of the certificate.
	(6) The court shall in all cases send a full report on the case with the evidence to the Minister, and, if it determines to cancel or suspend any certificate, send the cancelled or suspended certificate to the Minister with its report.
	(7) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate.
	(8) Each assessor who does not concur in and sign the finding of the court shall state in writing his dissent therefrom and the reasons for that dissent.
	494. Any court holding a formal investigation under this Part may cancel or suspend a certificate of competency or service granted by another Commonwealth country in so far only as concerns its validity within Canada.
	495. (1) Any court holding a formal investigation under this Part may make such order as it thinks fit respecting the costs of an investigation, the re-hearing thereof or any part of an investigation or re-hearing, and the order shall be enforced by the court as an order for costs under the provisions of the Criminal Code relating to summary convictions.
	(2) The Minister may, if in any case he thinks fit to do so, pay the costs of any inquiry or formal investigation.
	496. (1) A court holding a formal investigation under this Part may at any time, either during or after the investigation, call on any master, mate, pilot or engineer to deliver his certificate or licence to the court.
	(2) Any master, mate, pilot or engineer who fails, without reasonable cause, to deliver his certificate to the court when called on by the court is guilty of an offence and liable to a fine not exceeding two hundred dollars.
	497. A court that has held a formal investigation under this Part shall, on application being made therefor, furnish free of charge to any master, mate, pilot or engineer whose certificate has been cancelled or suspended, or to his agent, a copy of the judgment of the court.
	498. A court that has held a formal investigation under this Part shall in all cases send the judgment in the case with the evidence to the Minister and if it determines to cancel or suspend any certificate, and the certificate has been delivered to the court, the certificate shall also be sent to the Minister.
	499. The Minister shall, if the certificate or licence referred to in section 498
	(a) has been issued in Canada, retain it; or
	(b) has been issued in any Commonwealth country other than Canada, send it, together with a full report on the case and a copy of the evidence, to the government of that country.
	500. Where a certificate of competency or service granted in Canada has been cancelled or suspended by any court holding a formal investigation into any shipping casualty in any other Commonwealth country, the Minister may adopt and carry out that cancellation or suspension and demand the delivery up to him of that certificate of competency or service.
	501. (1) In any case where a formal investigation has been held, the Minister may order the investigation to be re-heard, either generally or with respect to any part thereof, and he shall so order
	(a) if new and important evidence that could not be produced at the investigation has been discovered; or
	(b) if, for any other reason, there has been in his opinion ground for suspecting that a miscarriage of justice has occurred.
	(2) The Minister may order the case to be re-heard by the court by which the case was heard in the first instance, or may appoint another commissioner and select the same or other assessors to re-hear the case.
	(3) Where on any investigation a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate or engineer, or the licence of a pilot, and an application for a re-hearing under this section has not been made or has been refused, an appeal lies from the decision to the Admiralty Court.
	(4) Any re-hearing or appeal under this section is subject to and is to be conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part.
	(5) No proceeding or judgment of a court in or on any formal investigation shall be quashed or set aside for any want of form or removed by certiorari or otherwise into any court, and no writ of prohibition shall issue to any court constituted under this Act in respect of any proceeding or judgment in or on any formal investigation.
	502. The Minister shall not order a re-hearing in Canada in connection with a shipping casualty in respect of which a formal investigation has been held in any other Commonwealth country.
	503. The Governor in Council may make rules for carrying into effect the enactments relating to preliminary inquiries and formal investigations and to the re-hearing of or appeal from any formal investigation, and, with respect to the appointment and summoning of assessors, the procedure, the parties, the persons allowed to appear and the notice to the parties or to persons affected.
	Clause 121: The heading before section 504 reads as follows:
	Inquiries as to the Competency and Conduct of Offi cers
	Clause 122: (1) Subsection 504(1) reads as follows:
	504. (1) Where the Minister believes on reasonable grounds that any master, mate or engineer is from incompetency or misconduct unfit to discharge his duties, or that in a case of collision he has failed to render such assistance or give such information as is required under sections 568 and 569, the Minister may cause an inquiry to be held.
	(2) The relevant portion of subsection 504(3) reads as follows:
	(3) Where the inquiry is held by a person appointed by the Minister, that person
	...
	(c) shall give any master, mate or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon him to appear;
	(3) Subsection 504(4) reads as follows:
	(4) Where the inquiry is held by a judge of the Admiralty Court, the inquiry shall be conducted and the results reported in the same manner, and the court has the like powers, as in the case of a formal investigation into a shipping casualty under this Part.
	Clause 123: Section 505 reads as follows:
	505. Where on any inquiry held pursuant to section 504 the Minister is satisfied
	(a) that any master, mate or engineer is incompetent or has been guilty of any act of misconduct, drunkenness or tyranny,
	(b) that the loss or abandonment of or serious damage to any ship or any loss of life was caused by the wrongful act or default of any master, mate or engineer,
	(c) that any master, mate or engineer has been guilty of a criminal offence or has been blamed by any coroner's inquest in respect of the death of any person, or
	(d) that the master or mate, in cases of collision between his vessel and another vessel, has failed without reasonable cause to comply with the requirements of section 568 with regard to rendering assistance or to giving information,
	he may, with respect to either a certificate granted in Canada or a certifi cate granted in any other Commonwealth country in so far only as con cerns its validity in Canada, suspend or cancel the certificate of compe tency or service of the master or mate or the certificate of the engineer.
	Clause 124: Subsection 508(1) reads as follows:
	508. (1) A naval court shall consist of not more than five and not less than three members, of whom, if possible, one shall be an officer in the naval service of Her Majesty in right of any Commonwealth country not below the rank of lieutenant, one a consular officer and one a master of a British merchant ship, and the rest shall be either officers in the naval service of Her Majesty in that right, masters of British merchant ships or British merchants, and the court may include the officer that summons the court, but shall not include the master or consignee of the ship to which the parties complaining or complained against belong.
	Clause 125: The relevant portion of subsection 510(1) reads as follows:
	510. (1) Every naval court may, after hearing and investigating a case, exercise the following powers:
	...
	(i) the court may, if it appears expedient, order a survey of any ship that is the subject of investigation to be made, and the survey shall accordingly be made in the same way, and the surveyor who makes the survey has the same powers, as if the survey had been directed by a competent court pursuant to section 391; and
	Clause 126: Sections 521 and 522 read as follows:
	521. The superintendent, a resident keeper, any officer of the Department or any other person acting under the authority of the Minister may apprehend any person residing on Sable Island or St. Paul Island, having voluntarily gone there for any purpose whatever without a licence from the Minister, and bring the person and all property found in his possession to Halifax, and any stipendiary magistrate, police magistrate or two justices of the peace, on proof that the person was so found, may commit him to the common jail for not more than six months, and further thereafter, until he gives security for his future good behaviour.
	522. Whatever property is found on Sable Island or St. Paul Island belonging to an offender referred to in section 521 may be sold by order of the magistrate or justices, and the proceeds thereof shall be applied to pay the expense of the removal of the offender and goods, and the residue, if any, returned to the owner, but any such property not sold by order of the magistrate or justices shall be deemed to be wreck and shall be dealt with as provided by Part VI.
	Clause 127: Section 526 reads as follows:
	526. This Part does not apply to the harbour of Quebec or Montreal.
	Clause 128: Section 527 reads as follows:
	527. The Minister may designate one or more port wardens for any port or any district.
	Clause 129: Section 531 reads as follows:
	531. (1) The Governor in Council may make regulations prescribing the manner in which grain cargoes and deck cargoes may be carried on any Canadian ship, or on any ship not registered in Canada that is within any port in Canada.
	(2) When any ship arrives at any port in Canada with a grain cargo or deck cargo, any port warden or customs officer may proceed on board and, when practicable, examine into the manner in which the cargo was stowed, and every person in charge of the ship at the time of the examination shall render the port warden or officer the assistance he asks to enable him to make the examination.
	(3) Any regulations made under subsection (1) may provide for fines, their recovery, enforcement and disposition, including enforce ment by imprisonment for non-payment thereof, but no fine shall exceed for any one offence one thousand dollars nor shall any imprisonment for non-payment of any one fine exceed a term of three months.
	Clause 130: New.
	Clause 131: Section 539 reads as follows:
	539. The master or agent of any ship intending to load a timber deck cargo consigned to any place outside Canada and not being a place within the limits of an inland voyage shall, before commencing to load, notify a port warden, who shall supervise the loading and on completion issue a certificate that the regulations in this respect have been complied with, and record all particulars in his book relative to stowage, quantities of cargo on deck and below, method of securing, height of deck loads at wings and crown on forward and after decks, with amount of water ballast carried and draft of water with corresponding freeboard.
	Clause 132: Subsection 545(1) reads as follows:
	545. (1) No officer of customs shall grant a clearance to any ship that is wholly or partly laden with grain, except as provided in section 541, with a timber deck cargo or with concentrates, within the meaning of section 540, consigned to any place outside Canada and not being a place within the limits of an inland voyage, unless the master of the ship produces to him a certificate signed by the port warden that the Regulations for the Loading and Carriage of Grain Cargoes, or Timber Deck Loads, as the case may be, have been complied with, or that concentrates have been loaded and secured according to approved practice.
	Clause 133: Section 562 reads as follows:
	(2) The Governor in Council may make rules or regulations relating to the safety of life or limb on navigable waters during regattas and marine parades.
	(3) The Governor in Council may by order or regulation provide
	(a) for the government and regulation of any part or parts of the inland, minor or other waters of Canada;
	(b) for the licensing of operators of vessels on those waters; and
	(c) for the enforcement of any order or regulation.
	(4) Without limiting the generality of subsection (3), any order or regulation made by the Governor in Council under that subsection may provide for the prohibiting or limiting of navigation on any part of the waters of Canada, in the interests of public safety or of promoting or ensuring the effective regulation of those waters in the public interest or for the protection or convenience of the public, of vessels not exceeding fifteen tons gross tonnage.
	Clause 134: New.
	Clause 135: Section 562.12 reads as follows:
	562.12 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsections 562.1(1) and 562.11(1) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 136: Subsection 562.19(4) reads as follows:
	(4) Where the Commissioner of the Canadian Coast Guard or any person authorized by him for the purposes of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a ship, he may make a detention order in respect of that ship, and section 672 applies to such a detention order, with such modifications as the circumstances require.
	Clause 137: Section 562.2 reads as follows:
	562.2 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under subsection 562.16 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 138: Subsection 569(2) reads as follows:
	(2) If the owner or master, without reasonable cause, fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars.
	Clause 139: Subsection 578(1) reads as follows:
	578. (1) The owners of any dock or canal, or a harbour commission, are not, where without their actual fault or privity any loss or damage is caused to any vessel or vessels, or to any goods, merchandise or other things whatever on board any vessel or vessels, liable to damages beyond an aggregate amount equivalent to one thousand gold francs for each ton of the tonnage of the largest registered British ship that, at the time of the loss or damage occurring is, or within a period of five years previous thereto has been, within the area over which the dock or canal owner, or harbour commission, performs any duty or exercises any power.
	Clause 140: (1) Subsection 581(1) reads as follows:
	581. (1) For the purposes of sections 575 and 578, the tonnage of a steamship shall be its register tonnage with the addition of any engine-room space deducted for the purpose of ascertaining that tonnage, and the tonnage of a sailing ship shall be its register tonnage.
	(2) Subsection 581(2) reads as follows:
	(2) There shall not be included in the tonnage of a steamship or sailing vessel any space occupied by seamen or apprentices and appropriated to their use that is certified under the regulations made pursuant to section 231.
	(3) Subsection 581(3) reads as follows:
	(3) The measurement of the tonnage of a steamship or sailing vessel shall be,
	(a) in the case of a British ship registered elsewhere than in Canada, according to the law of that Commonwealth country where the ship is registered;
	(b) in the case of a Canadian ship or a ship recognized as a British ship, according to the law of Canada; and
	(c) in the case of a foreign ship, according to the law of Canada, if capable of being so measured.
	Clause 141: Sections 605 and 606 read as follows:
	605. Fines incurred or imposed under this Act may, except as otherwise provided by this Act, be recovered before a stipendiary or police magistrate or two justices of the peace on summary conviction pursuant to the provisions of the Criminal Code relating to summary convictions.
	606. (1) Any judge of the Court of Quebec or Superior Court of the Province of Quebec, judge of the Ontario Court (General Division), judge of the Supreme Court of Nova Scotia or British Columbia, judge of the Trial Division of the Supreme Court of Prince Edward Island or Newfoundland, judge of the Court of Queen's Bench of New Brunswick, Manitoba, Saskatchewan or Alberta, or provincial court judge has, for the purposes of all proceedings under this Act, all the powers of two justices of the peace under the Criminal Code, and may try and determine in a summary way all offences punishable under this Act on summary conviction, whether by fine or imprisonment, or both.
	(2) Any two justices of the peace have the same jurisdiction.
	Clause 142: The relevant portion of section 609 reads as follows:
	609. Subject to any special provisions of this Act, neither a conviction for an offence nor an order for payment of money shall be made under this Act in any summary proceeding instituted in Canada, unless
	(a) that proceeding is commenced at any time within but not later than six months after the commission of the offence or after the cause of complaint arises, as the case may be; or
	Clause 143: New.
	Clause 144: The relevant portion of subsection 614(1) reads as follows:
	614. (1) Whenever any injury has in any part of the world been caused to any property belonging to Her Majesty or to any of Her Majesty's subjects by any foreign ship, and at any time thereafter that ship is found in Canadian waters, the Admiralty Court may, on being shown by any person applying summarily that the injury was probably caused by the misconduct or want of skill of the master or mariners of the ship, issue an order directed to any officer of customs or other officer named by the Court, requiring him to detain the ship until such time as the owner, master or consignee thereof has
	Clause 145: New.
	Clause 146: Section 618 reads as follows:
	618. (1) Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval, army or air service of Her Majesty or in the Canadian Forces, or any officer of customs may detain the ship.
	(2) If the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, the owner and any person who sends the ship to sea, if that owner or person is party or privy to the act, are guilty of an offence and liable to a fine not exceeding five hundred dollars.
	(3) Where a ship proceeding to sea takes to sea any officer authorized to detain the ship or any officer of customs, while the officer is on board in the execution of his duty, the owner and master of the ship are each guilty of an offence and liable to pay all expenses of and incidental to the officer being so taken to sea, and to a fine not exceeding five hundred dollars, or, if the offence is not prosecuted in a summary manner, not exceeding fifty dollars for every day until the officer returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine.
	(4) Where under this Act a ship is to be detained an officer of customs shall, and where under this Act a ship may be detained an officer of customs may, refuse to clear that ship outward.
	(5) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the ``proper officer'' means the officer who is able to grant a clearance or transire to the ship.
	(6) This section does not apply to the detention of a ship pursuant to subsection 562.19(4), section 672 or subsection 724(2).
	Clause 147: Subsection 631(3) reads as follows:
	(3) Subject to subsection (2), the articles to which this section applies are arms, ammunition, implements or munitions of war, military stores, or any articles deemed capable of being converted thereinto or made useful in the production thereof, or provisions or any sort of victual that may be used as food by man or beast.
	Clause 148: (1) Subsection 632(1) reads as follows:
	632. (1) The provisions of Part I except sections 94 to 101, Parts V and VI, Part IX except section 581, and Parts XI to XIV apply to air cushion vehicles used in navigation, and wherever in those Parts vessels, ships or steamships are referred to, those references shall be construed as including air cushion vehicles used in navigation.
	(2) Subsection 632(1) of the Act, as enacted by section 82 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, and as amended, reads as follows:
	632. (1) The provisions of Part II except section 128, Part VI, Part IX, except sections 574 to 577 and 579 to 584, Parts XI to XV and Part XVII apply in respect of dynamically supported craft used in navigation, and wherever in those provisions vessels, ships or steamships are referred to, such references shall be construed as including dynamically supported craft used in navigation.
	(3) Subsections 632(3) and (4) of the Act, as enacted by section 82 of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, read as follows:
	(3) Subject to subsection (4), a copy of each regulation that the Governor in Council proposes to make under paragraph (2)(a) shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to owners of dynamically supported craft, masters, seamen and other interested persons to make representa tions to the Minister with respect thereto.
	(4) Subsection (3) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (3) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (3) would be prejudicial to the public interest.
	Clause 149: The heading before section 633 reads as follows:
	Application to British Ship Registered Elsewhere than in Canada
	Clause 150: The heading before section 639 reads as follows:
	Reciprocal Services Relating to British Ships
	Clause 151: Subsections 639(1) and (2) reads as follows:
	639. (1) Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to ships registered in that country while they are in Canada or before or after they have been in Canada or while they are at sea, with relation to any matter touching or concerning those ships, their owners, masters or crews, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, officer of customs, shipping master or other officer or functionary in or of Canada may or shall execute any request, exercise any right or authority or perform any duty or act with relation to those ships, their owners, masters or crews, that court, officer or functionary in or of Canada may and shall execute the request, have the right or authority and perform the duty or act as if the enactment were by this Act enacted.
	(2) Where by any enactment, before or after August 1, 1936, the Parliament of any Commonwealth country other than Canada has provided, in terms that extend to Canadian ships while they are in that country, before or after they have been in that country or while they are at sea, that any court, officer of a ship belonging to Her Majesty, registrar of British ships, consular officer, officer of customs, superintendent or other officer or functionary in or of that country may or shall, with relation to Canadian ships, their owners, masters and crews, execute any request, exercise any right or authority or perform any duty or act that this Act makes or purports to make, confer, impose or direct to be done, of, on or by that court, officer or functionary, then all things done by it or him, in form pursuant to any provision of this Act that can be related to the enactment of the other Commonwealth country, shall be deemed to have been done by force of that enactment.
	Clause 152: (1) The definition ``dependants'' in section 645 reads as follows:
	``dependants'' means the wife, husband, parents and children of a de ceased person;
	(2) New.
	Clause 153: Section 646 reads as follows:
	646. Where the death of a person has been caused by a wrongful act, neglect or default that, if death had not ensued, would have entitled the person injured to maintain an action in the Admiralty Court and recover damages in respect thereof, the dependants of the deceased may, notwithstanding his death, and although the death was caused under circumstances amounting in law to culpable homicide, maintain an action for damages in the Admiralty Court against the same defendants against whom the deceased would have been entitled to maintain an action in the Admiralty Court in respect of the wrongful act, neglect or default if death had not ensued.
	Clause 154: New.
	Clause 155: Section 649 reads as follows:
	649. Not more than one action lies for and in respect of the same subject-matter of complaint, and every action shall be commenced not later than twelve months after the death of a deceased.
	Clause 156: Section 653 reads as follows:
	653. Where actions are brought by or for the benefit of two or more persons claiming to be entitled, as wife, husband, parent or child of a deceased person, the Court may make such order as it may deem just for the determination not only of the question of the liability of the defendant but of all questions respecting the persons entitled under this Act to the damages, if any, that may be recovered.
	Clause 157: The definition ``pollutant'' in section 654 reads as follows:
	``pollutant'' means
	(a) any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
	(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
	and, without limiting the generality of the foregoing, includes crude oil, fuel oil, heavy diesel oil, lubricating oil, any other persistent oil and any substance or any substance of a class of substances that is prescribed for the purposes of this Part to be a pollutant;
	Clause 158: New.
	Clause 159: (1) and (2) The relevant portion of subsection 657(1) reads as follows:
	657. (1) The Governor in Council may make regulations
	...
	(f) prescribing the supplies and equipment to be maintained by the operators of loading and unloading facilities for ships for use in the event of any discharge of a pollutant during the loading or unloading of a ship;
	...
	(i) respecting the design, construction and arrangement of ships carrying pollutants, their stability in a damaged condition and their equipment, fittings and systems;
	(3) New.
	Clause 160: Section 659 reads as follows:
	659. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 658 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.
	(2) Subsection (1) does not apply in respect of a proposed regulation that
	(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or
	(b) makes no substantive change to an existing regulation,
	nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.
	Clause 161: (1) The relevant portion of subsection 660.2(4) reads as follows:
	(4) The operator of an oil handling facility that is designated pursuant to subsection (8) shall

	(2) Subsection 660.2(7) reads as follows:
	(7) Subject to any terms and conditions that the Minister considers appropriate, the Minister may exempt any ship or class of ships or any operator of an oil handling facility from the application of any provision of this section in case of an emergency and where the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety, and every such exemption shall be published in the Canada Gazette.
	Clause 162: Subsection 660.10(1) reads as follows:
	660.10 (1) The Commissioner shall establish at least one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic.
	Clause 163: The relevant portion of subsection 661(1) reads as follows:
	661. (1) The Minister may, for the purposes of this Part,

	Clause 164: (1) to (3) The relevant portion of subsection 662(1) reads as follows:
	662. (1) A pollution prevention officer may
	(a) direct
	(i) any Canadian ship, whether within or outside waters to which this Part applies, or
	(ii) any other ship that is about to enter or is within waters to which this Part applies,
	to provide him with reasonable information concerning the condi tion of the ship, its equipment, radio equipment or machinery, the nature and quantity of its cargo and fuel and the manner in which and the locations in which the cargo and fuel of the ship are stowed and any other reasonable information that he considers appropriate for the administration of this Part;
	...
	(d) go on board a foreign ship to which the Pollution Convention applies, inspect it in accordance with the provisions of the Pollution Convention and take action consequent on such inspection in accordance with the provisions of that Convention;
	(e) go on board any ship within waters to which this Part applies that he believes on reasonable grounds has discharged a pollutant in contravention of this Part or any regulation made thereunder, and take samples of any pollutant carried on that ship in respect of which he believes on reasonable grounds the contravention has occurred;
	(f) direct any ship that is within or about to enter waters to which this Part applies
	...
	if the pollution prevention officer believes on reasonable grounds that the ship fails to comply with any provision of this Part or of any regulations made under this Part or under paragraph 562.1(a) or (b) that is or may be applicable to it, or if that officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or any of its equipment, or any deficiency in its complement or the nature and condition of its cargo, that such a direction is justified to prevent the discharge of a pollutant;
	Clause 165: New.
	Clause 166: Section 667 reads as follows:
	667. Any person or ship that contravenes any regulation applicable to him or it made under paragraphs 657(1)(a) to (k) and (n) or under section 658 is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
	Clause 167: Subsections 672(3) to (10) read as follows:
	(3) A detention order made under subsection (1) shall be in writing and addressed to all persons at any port in Canada where the ship to which the order relates is or will be who are empowered to give a clearance in respect of the ship.
	(4) Where a detention order under this section is made in respect of a ship, notice thereof shall be served on the master of the ship
	(a) by delivering a copy thereof personally to the master; or
	(b) if service cannot reasonably be effected in the manner provided in paragraph (a),
	(i) by leaving a copy thereof for the master on board the ship with the person who is, or appears to be, in command or charge of the ship, or
	(ii) if the ship is within Canadian waters, by leaving a copy thereof with the owner or agent of the owner of the ship residing in Canada or, where no such owner or agent is known or can be found, by fixing a copy thereof to a prominent part of the ship.
	(5) Where, during the term of any detention order made against a ship under this section, the master or owner of the ship gives an order for the ship to depart from Canadian waters, the person giving such order for departure is, if notice of the detention order was served on the master under this section, guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars.
	(6) Subject to subsection (7), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by the person, give clearance in respect of the ship to which the order relates.
	(7) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order shall give clearance in respect of the ship to which the order relates where
	(a) security satisfactory to the Minister in the amount of one hundred thousand dollars is given to Her Majesty in right of Canada;
	(b) the ship has not been charged with an offence under this Part within thirty days after the making of the detention order; or
	(c) the ship has been charged with an offence under this Part within the period referred to in paragraph (b) and
	(i) security, satisfactory to the Minister, for payment of the maximum fine that might be imposed as a result of a conviction of a ship charged with that offence, or in such lesser amount as may be approved by the Minister, is given to Her Majesty in right of Canada, or
	(ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.
	(8) Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and, thirty days after the day on which the ship was charged with the offence,
	(a) no one has appeared on behalf of the ship to answer to the charge, and
	(b) security referred to in paragraph (7)(c) has not been given,
	the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
	(9) Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and
	(a) within thirty days after the day on which the ship was charged with the offence, someone has appeared on behalf of the ship to answer to the charge but security referred to in paragraph (7)(c) has not been given, and
	(b) the ship is convicted and a fine is imposed and not paid forthwith,
	the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to that ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
	(10) Any surplus remaining from the proceeds of a sale under subsection (8) or (9) after deducting
	(a) the amount of
	(i) the maximum fine that could have been imposed for the offence, where subsection (8) applies, or
	(ii) the fine actually imposed, where subsection (9) applies, and
	(b) the cost of the detention and sale
	shall be paid over to the former owner of the ship.
	Clause 168: The definition ``pollutant'' in section 673 reads as follows:
	``pollutant'' means
	(a) any substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and
	(b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,
	and, without limiting the generality of the foregoing, includes oil and any substance or any substance of a class of substances that is prescribed for the purposes of Part XV to be a pollutant;
	Clause 169: Subsection 724(2) reads as follows:
	(2) Where a pollution prevention officer, as defined in section 654, has reasonable grounds for believing that an offence under subsection (1) has been committed in respect of a ship, he may make a detention order in respect of that ship, and section 672 applies to such a detention order, with such modifications as the circumstances require.
	Clause 170: Part XVII reads as follows:
	PART XVII
	COMING INTO FORCE
	728. The definition ``dynamically supported craft'' in section 2, and sections 3 and 632 to 632.4, shall come into force on a day or days to be fixed by proclamation.
	Contraventions Act
	Clause 191: Subsection 17(4) reads as follows:
	(4) Notwithstanding section 605 of the Canada Shipping Act and paragraphs (a) and (c) of the definition ``summary conviction court'' in section 785 of the Criminal Code, a fine incurred or imposed under the Canada Shipping Act in respect of a contravention may be recovered before a justice of the peace on summary conviction pursuant to the provisions of the Criminal Code relating to summary convictions.
	Criminal Code
	Clause 192: Section 44 reads as follows:
	44. The master or officer in command of a vessel on a voyage is justified in using as much force as he believes, on reasonable grounds, is necessary for the purpose of maintaining good order and discipline on the vessel.
	Crown Liability and Proceedings Act
	Clause 193: Subsection 6(2) reads as follows:
	(2) Where, for the purposes of any proceedings under this Act, it is necessary to ascertain the tonnage of a ship that has no register tonnage within the meaning of the Canada Shipping Act, the tonnage of the ship shall be ascertained in accordance with section 94 of that Act.
	Customs and Excise Offshore Application Act
	Clause 194: The definition ``British ship'' in subsec tion 2(1) reads as follows:
	``British ship'' has the same meaning as in the Canada Shipping Act;
	Canada Shipping Act
	Clause 195: Sections 360 and 361 read as follows:
	360. (1) The administration of the fund created by chapter 114 of the Statutes of the former Province of Canada, 1848-49 (12 Vict. c. 114), and other Acts relating thereto, shall be vested in the Quebec's Pilots' Corporation, which has the same rights and powers that the Trinity House of Quebec possessed on the 8th day of April 1875 in relation to that fund, and shall administer the fund in conformity with those Acts.
	(2) The Quebec's Pilots' Corporation shall not invest any moneys belonging to the Pilots' Fund otherwise than in such securities as are by law approved for the investments of moneys by trustees.
	(3) The Quebec's Pilots' Corporation shall, within seven days after the 1st day of February in each year, make a report to the Minister of its administration of the Pilots' Fund, with an account of the assets and liabilities of that Fund, and showing in detail the receipts and expenditures with respect to the fund, and the investments of any moneys belonging thereto, with such further information and in such manner and form as the Minister from time to time directs.
	361. Every pilot fund shall be applied as follows and in the following order:
	(a) in payment of expenses properly incurred in the administration of such fund;
	(b) in payment of superannuation allowances, or other relief, for the benefit of such pilots licensed by the pilotage authority of the district as are incapacitated by reason of age or infirmity, and of the widows and children of pilots so licensed, or of such incapacitated pilots only; and
	(c) in payment of such allowances as the pilotage authority may decide to make to any pilot who has had his licence cancelled by commissioners after their investigation of a marine casualty, pursuant to this Act.