Bill C-73

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First Reading

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	(b) in the case of a vessel in excess of fifteen tons gross tonnage, to a fine not exceeding $250,000.
Duty of owners, etc.	388.3 (1) No owner or charterer of a vessel, and no person who is responsible for a vessel, shall allow the vessel to be used in any waters referred to in section 388.1 if the vessel is unfit to be used, or unfit for the purpose for which it is used, by reason of its design or condition, the condition or lack of any equipment on board or the age or training of any member of its crew.
Offence and punishment	(2) Every person who contravenes this section is guilty of an offence punishable on summary conviction and is liable
	(a) in the case of a vessel not in excess of fifteen tons gross tonnage, to a fine not exceeding $100,000; and
	(b) in the case of a vessel in excess of fifteen tons gross tonnage, to a fine not exceeding $250,000.
	83. Subsection 389(8) of the Act is re pealed.
	84. Subsections 391(5) and (6) of the French version of the Act are replaced by the following:
Visite ordonnée par le tribunal	(5) Pour l'application du paragraphe (3), le tribunal doit requérir un inspecteur de navires nommé conformément à la présente loi ou une personne nommée à cette fin par le ministre, ou s'il ne peut se procurer les services d'un tel inspecteur ou d'une telle personne sans frais ni retard déraisonnables, ou s'il est d'avis que l'inspecteur ou la personne n'est pas compét ent pour connaître des circonstances particu lières de l'affaire, il doit nommer un autre inspecteur de navires impartial qui n'a aucun intérêt dans le navire, dans son fret ou sa cargaison, pour visiter le navire et répondre à toute question qu'il juge à propos de lui poser au sujet du navire.
Visite et rapport	(6) L'inspecteur de navires ou l'autre personne doit visiter le navire et présenter un rapport écrit au tribunal, en y ajoutant une réponse à chaque question que ce dernier lui a posée; le tribunal doit faire communiquer le rapport aux parties en cause, et, à moins qu'il ne soit démontré à sa satisfaction que les opinions exprimées dans le rapport sont erronées, il doit se fonder sur ces opinions pour décider des questions dont il a été saisi.
	85. Section 393 of the Act is repealed.
	86. Section 401 of the Act is replaced by the following:
Marking of heavy packages or objects	401. (1) Subject to subsection (1.1) , 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 1016 kg 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 ab breviation of that word .
Exception	(1.1) Subsection (1) does not apply in respect of a container within the meaning of section 2 of the Safe Containers Convention Act.
Offence and punishment	(2) Every person who contravenes subsec tion (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 .
	87. Subsection 402(2) of the Act is re placed by the following:
Offence and punishment	(2) Any person who impedes, obstructs or prevents any Inspector of Ships' Tackle in the exercise of the Inspector's duties, or refuses the Inspector 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 on summary conviction to a fine of not more than $10,000 .
	88. Subsection 403(2) of the Act is re placed by the following:
Offence and punishment	(2) Every person ordered to cease the operation of loading or unloading who contin ues the operation or allows it to be continued is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 .
	89. Subsection 404(3) of the Act is re placed by the following:
Offence and punishment	(3) Every person who contravenes subsec tion (1) or (2) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 .
	90. The portion of section 406 of the Act before paragraph (a) is replaced by the following:
Exemption from regulations	406. Ships not in excess of fifteen tons gross tonnage that do not carry more than twelve passengers and that are not pleasure craft are exempt from annual inspection and from the regulations made under section 338 other than those respecting
R.S., c. 6 (3rd Supp.), s. 60	91. Subsections 407(2) and (3) of the Act are replaced by the following:
Inspection of boilers, etc.	(2) Ships described in subsection (1) that are fitted with a boiler, unfired pressure vessel or gas fuel system referred to in subsection (4) are, in addition to an inspection every fourth year, subject to annual inspection of that device , and of their life-saving equipment and systems for precautions against fire, in like manner and as if they were ships in excess of one hundred and fifty tons gross tonnage.
Inspection of boilers, etc.	(3) Ships not in excess of fifteen tons gross tonnage that are not passenger ships are exempt from the provisions of this Part relating to annual inspection, except that such ships , if fitted with a boiler, unfired pressure vessel or gas fuel system referred to in subsection (4) , are subject to inspection of their boiler, unfired pressure vessel or gas fuel system, as the case may be, and of their life-saving equipment and systems for precau tions against fire, in like manner and as if they were ships in excess of one hundred and fifty tons gross tonnage.
Application	(4) Subsections (2) and (3) apply in respect of
	(a) a boiler operating at a pressure in excess of 103 kp; or
	(b) a permanently fixed
	(i) unfired pressure vessel, or
	(ii) gas fuel system,
	other than an unfired pressure vessel or gas fuel system that is required for life-saving equipment and systems for precautions against fire.
R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitem 13(6))	92. Sections 412 and 413 of the Act are replaced by the following:
Impeding inspector or senior customs officer	412. Every person who
	(a) impedes, prevents, obstructs or resists any ship inspector, senior customs officer 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 under this Part ,
	(b) refuses to answer any pertinent question put to the person or who falsely answers any question put to the person , or
	(c) refuses to give assistance to any ship inspector, senior customs officer or other person in the discharge of the ship inspec tor's, senior customs officer's or other person's duty,
	is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding three months or to both.
Removing ship	413. Every person who knowingly re moves, 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 regulation made under this Part and that has been detained by any ship inspector, senior customs officer or other person acting with the written authority of the Minister is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term not exceeding six months or to both.
R.S., c. 6 (3rd Supp.), s. 61	93. Section 419 of the Act and the heading before it are repealed.
	94. Subsection 420(1) of the Act is re placed by the following:
Application of Part	420. (1) The Governor in Council may direct that this Part or any of its provisions or any provision of any regulation made under this Part shall apply to any ship or class of ship registered elsewhere than in Canada while in
	(a) Canadian waters,
	(b) the fishing zones of Canada prescribed under the Territorial Sea and Fishing Zones Act, or
	(c) the shipping safety control zones pre scribed under the Arctic Waters Pollution Prevention Act,
	other than on innocent passage.
	95. The Act is amended by adding the following after section 420:
	Compliance with International Agreements
Port state control	420.1 (1) For the purpose of giving effect to, or implementing, any agreement whereby Canada has agreed to maintain a system of port state control to ensure that foreign ships in
	(a) Canadian waters,
	(b) any of the fishing zones of Canada prescribed under the Territorial Sea and Fishing Zones Act, or
	(c) any of the shipping safety control zones prescribed under the Arctic Waters Pollu tion Prevention Act,
	comply with standards referred to in the agree ment, a ship inspector may board any such ship at any time and inspect the ship and any thing on the ship.
Detention	(2) A ship inspector may detain any foreign ship inspected under subsection (1) if, in the opinion of the inspector, detention is war ranted in the circumstances.
	96. The Act is amended by adding the following before section 421:
	Relief
	97. The Act is amended by adding the following after section 421:
	Small Vessels
Regulations	421.1 (1) The Governor in Council may make regulations
	(a) defining the expression ``small vessel'' for the purposes of this section;
	(b) respecting the construction or manufac ture of small vessels;
	(c) authorizing the inspection of small vessels to ensure compliance with regula tions made under paragraph (b);
	(d) authorizing the issuance of certificates or plates in respect of small vessels that comply with regulations made under para graph (b) and prescribing the fees to be charged in respect of the issuance of those certificates and plates;
	(e) respecting the suspension or cancella tion of certificates or plates referred to in paragraph (d);
	(f) prohibiting the tampering with or the unauthorized use or transfer of certificates or plates issued in respect of small vessels;
	(g) authorizing the seizure and detention of small vessels that do not meet the require ments of regulations made under paragraph (b);
	(h) prohibiting the construction, manufac ture, sale, lease, importation or operation of small vessels that do not meet the require ments of regulations made under paragraph (b);
	(i) requiring owners, builders, manufactur ers, importers or vendors of small vessels to modify their small vessels, at their own cost, in order to comply with regulations made under paragraph (b);
	(j) prohibiting the alteration or removal of the hull identification or serial numbers that identify small vessels; and
	(k) prescribing the maximum fine that may be imposed in respect of the contravention of any provision of a regulation made under this subsection.
Offence	(2) Every person who contravenes a provi sion of a regulation made under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding the maxi mum fine prescribed under paragraph (1)(k) in respect of that contravention or to imprison ment for a term not exceeding six months or to both.
	98. The heading before section 423 and sections 423 and 424 of the Act are replaced by the following:
	Receivers of Wreck
Designation	422.1 The Minister may designate, by name or by title of office, any person to be a receiver of wreck for such district as is specified by the Minister.
Regulations	423. The Governor in Council may, subject to this Part, make regulations for the conduct of receivers of wreck .
	99. Subsection 426(2) of the Act is re placed by the following:
Offence and punishment	(2) Any person who fails without reason able cause to comply with directions of the receiver of wreck is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 .
	100. (1) Paragraph 428(1)(b) of the Act is replaced by the following:
	(b) require the master of any vessel near at hand to give such aid with the crew or vessel as is in the master's power; and
	(2) Subsection 428(2) of the Act is re placed by the following:
Offence and punishment	(2) A person whose service or property is required pursuant to subsection (1) who fails, without reasonable cause, to comply with any requirement is guilty of an offence and liable on summary conviction to a fine not exceed ing $5,000 .
	101. Section 430 of the Act is repealed.
	102. Subsection 431(2) of the Act is replaced by the following:
Offence and punishment	(2) An owner or occupier of any lands who fails to comply with this section or hinders, prevents or obstructs any person from doing anything that is permitted by this section is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 .
R.S., c. 27 (1st Supp.), s. 203	103. The heading before section 434 and sections 434 and 435 of the Act are repealed.
	104. Section 436 of the Act is replaced by the following:
Duty of persons finding wreck	436. (1) Every person who takes possession of wreck within the limits of Canada, includ ing Canadian waters, shall, as soon as pos sible, deliver it to a receiver of wreck and report the location where the wreck was found to the best of that person's knowledge.
Duty of master	(2) The master of every ship that is engaged in the recovery of wreck within the limits of Canada, including Canadian waters, shall, as soon as possible, and to the best of the master's knowledge, report to a receiver of wreck all wreck recovered by any person on board the ship, the name and address of the person who took possession of the wreck and the location where the wreck was found.
Exemption	(3) A receiver of wreck may exempt a person or master from the requirement of complying with subsection (1) or (2) in the case of any wreck, on such conditions as the receiver of wreck thinks fit.
Aircraft	(4) This section applies to any aircraft, any part of an aircraft, any cargo of an aircraft and to any property of persons belonging to or on board an aircraft that is found derelict at sea outside Canadian waters and brought within the territorial limits of Canada.
Offence and punishment	(5) A person who has taken possession of wreck who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 , and, in addition, to a fine equal to double the value of the wreck. The person also forfeits any claim or right to claim salvage relating to the wreck.

Bill C-73

Compliance with International Agreements

Relief

Small Vessels

Receivers of Wreck