|
|
52. (1) Section 273 of the Act is amended
by adding the following after subsection (2):
|
|
| Special
purpose
personnel
|
(2.1) Subsection (1) does not apply in
respect of special purpose personnel on board
a special purpose ship.
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|
|
(2) Subsection 273(10) of the Act is
replaced by the following:
|
|
| Offence and
punishment
|
(10) Every person who employs a person in
contravention of this section is guilty of an
offence and liable on summary conviction to
a fine not exceeding $5,000 or to imprison
ment for a term not exceeding six months or
to both.
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|
|
|
53. Subsection 297(2) of the Act is re
placed by the following:
|
|
| Provision for
return
|
(2) Provision shall be made for the return of
a seafarer 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 seafarer on board a
Canadian ship that is in need of seafarers to
make up its complement, or, if that is not
practicable, by providing the seafarer with a
passage in any ship, or with the money for the
seafarer's passage, by sea or by air and, if any
part of the route is by land, by paying the
expenses of the seafarer's journey and main
tenance during the journey, or providing the
seafarer with means to pay those expenses.
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|
|
|
54. Subsection 298(2) of the Act is re
placed by the following:
|
|
| Factors
|
(2) In deciding any question under this
section, the proper authority shall have regard
both to the convenience of the seafarer and to
the expense involved, and also, where it is the
case, to the fact that a Canadian ship that is in
need of persons to make up its complement is
about to proceed to a proper return port or to
a port in the vicinity of a proper return port .
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|
|
|
55. Section 302 of the Act is replaced by
the following:
|
|
| Scope of
appointment
|
301.1 In making an appointment under
section 301, the Governor in Council may
specify that the ship inspector is a ship
inspector in relation to all ships or for such
class or classes of ships as the Governor in
Council may specify in the instrument of
appointment.
|
|
| Examination
of ship
inspectors
|
302. No person shall be appointed a ship
inspector unless the person has passed an
examination satisfactory to the Board or
possesses qualifications satisfactory to the
Board , and has obtained a certificate to that
effect from the Chair .
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|
|
|
56. The Act is amended by adding the
following after section 303:
|
|
| Prohibition
against
commercial
interests
|
303.1 No person shall, while holding office
as a ship inspector, be financially interested in
the commercial repair, operation, equipping,
construction or sale of ships or their equip
ment or machinery.
|
|
|
|
57. Subsections 304(1) and (2) of the Act
are replaced by the following:
|
|
| Board of Ship
Inspection
|
304. (1) There shall be a Board of Ship
Inspection, composed of such ship inspectors
and other persons as the Minister may appoint.
|
|
| Manner of
appointment
|
(1.1) The Minister may appoint persons to
the Board either by name or by title of office.
|
|
| Chair
|
(2) The Governor in Council may appoint
any member of the Board who is a ship
inspector to be the Chair of the Board .
|
|
|
|
58. (1) Subsection 305(2) of the Act is
replaced by the following:
|
|
| Duties
|
(2) It shall be the duty of the Board
|
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|
|
(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;
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|
|
|
(b) to give decisions on such matters as may
be referred to it by the Chair ; and
|
|
|
|
(c) to prescribe the requirements that
candidates must meet to be appointed as
ship inspectors.
|
|
| R.S., c. 6 (3rd
Supp.), s. 32
|
(2) Paragraphs 305(2.1)(a) and (b) of the
Act are replaced by the following:
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|
|
(a) exempt any ship or class of ships from
complying with any provision of the regula
tions relating to pollution prevention or the
design, construction, equipment, radio
equipment, machinery, inspection, crewing
or operation of ships, where the Board
considers the exemption necessary or desir
able;
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|
|
(b) permit, in respect of any ship or class of
ships , the substitution, for any such provi
sion of the regulations, of any other provi
sion that, in the opinion of the Board,
provides a level of safety or pollution
prevention at least equivalent to that pro
vided by compliance with that provision of
the regulations; or
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|
|
(c) permit, in respect of the issuance of a
certificate of competency, the substitution,
for any such provision of the regulations, of
any other provision that, in the opinion of
the Board, provides a level of competence
at least equivalent to that provided by
compliance with that provision of the
regulations.
|
|
|
|
(3) Subsection 305(3) of the Act is re
placed by the following:
|
|
| Rules and
regulations
|
(3) The Board may, with the approval of the
Governor in Council, make rules and regula
tions for its own conduct, for the uniform
inspection of ships and for such other pur
poses as are necessary under this Act .
|
|
|
|
59. The Act is amended by adding the
following after section 305:
|
|
| Standards, etc.
|
305.1 The Board may issue standards,
specifications, codes, guidelines or instruc
tions respecting
|
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|
|
(a) pollution prevention;
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|
|
|
(b) the design, construction, equipment,
radio equipment, machinery, inspection,
crewing and operation of ships;
|
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|
|
(c) the tonnage measurement of ships; and
|
|
|
|
(d) the training and certification of masters
and seafarers.
|
|
| Board may
issue
directions
|
305.2 (1) Where, in the opinion of the
Board, the regulations made under subsection
338.1(1) are insufficient to protect the public,
the environment or any property in respect of
any particular ship or any particular cargo, the
Board may issue such directions as it consid
ers appropriate to persons loading, stowing or
securing any cargo on any ship.
|
|
| Offence
|
(2) Every person who contravenes a direc
tion issued under subsection (1) is guilty of an
offence and liable on summary conviction to
a fine not exceeding $10,000.
|
|
|
|
60. Sections 311 and 312 of the Act are
replaced by the following:
|
|
| Duty during
inspection
|
311. (1) A ship inspector who inspects a
ship, and a person who inspects a ship
pursuant to an authorization given under
section 317.1 , shall verify that the ship has the
navigation lights, appliances and other equip
ment 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 ship unless it has the required navigating
lights, appliances and equipment and the
proper certificated officers.
|
|
| Production of
certificate of
registry
|
(2) A ship inspector who inspects a ship,
and a person who inspects a ship pursuant to
an authorization given under section 317.1 ,
shall demand of the owner or master of the
ship the production of the certificate of
registry or licence of the ship , and the owner
or master shall produce that certificate or
licence on demand.
|
|
| Reasonable
assistance
|
(3) A ship inspector who inspects a ship,
and a person who inspects a ship pursuant to
an authorization given under section 317.1 ,
may demand all reasonable assistance from
the owner or master of the ship for the purpose
of making the inspection or obtaining in
formation required for the inspection .
|
|
| Record of
inspections
and
certificates
|
312. Every ship inspector and every person
who inspects ships pursuant to an authoriza
tion given under section 317.1 shall keep
records of the inspections they make and the
certificates they issue , in such form and with
such particulars respecting them as the Chair
directs, and shall provide the Chair with
copies of those records and any other informa
tion pertaining to the inspections and certifi
cates that the Chair may require.
|
|
| R.S., c. 6 (3rd
Supp.), s. 35
|
61. Section 314.1 of the Act is replaced by
the following:
|
|
| Regulations
for non-Safety
Convention
ships
|
314.1 The Governor in Council may make
regulations to implement, in whole or in part,
the provisions of the International Safety
Management Code of the Safety Convention
adopted by the International Maritime Orga
nization on November 4, 1993, as amended
from time to time, in respect of ships other
than Safety Convention ships.
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|
|
|
62. The Act is amended by adding the
following after section 317:
|
|
|
|
|
|
| Inspections by
others
|
317.1 The Minister may authorize any
person, classification society or other orga
nization to conduct inspections under this Act,
subject to this Act and such terms and
conditions as may be specified by the Minister
in the instrument of authorization.
|
|
| Powers
|
317.2 A person, classification society or
other organization authorized under section
317.1 to conduct inspections does not have the
powers of a ship inspector, but may issue any
certificate that may be issued by a ship
inspector, other than an Exemption Certifi
cate.
|
|
| R.S., c. 6 (3rd
Supp.), s. 38
|
63. Subsections 319(3) to (6) of the Act are
replaced by the following;
|
|
| Inspection
outside
Canada
|
(3) For the purposes of this section and
subsection 318(2), the Chair may direct that a
survey or inspection by a person 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 ship inspector, and the
report of that person may be delivered to a
ship inspector who is entitled to act on it and
issue the appropriate inspection or Safety
Convention certificates.
|
|
| Chair or ship
inspector not
liable
|
(4) The Chair or a ship inspector is not
liable to any person by reason only of having
issued the appropriate certificate in reliance
on a report referred to in subsection (3).
|
|
| R.S., c. 6 (3rd
Supp.), s. 39
|
64. Section 319.1 of the Act is repealed.
|
|
|
|
65. Paragraph 330(d) of the Act is re
placed by the following:
|
|
|
|
(d) if the ship is a cargo ship other than a
nuclear ship and there has not been pro
duced a certificate mentioned in paragraph
(a)
|
|
|
|
(i) a valid Cargo Ship Safety Radio
Certificate, where the gross tonnage of
the ship is three hundred tons or more,
and
|
|
|
|
(ii) a valid Cargo Ship Safety Construc
tion Certificate and a valid Cargo Ship
Safety Equipment Certificate, where the
gross tonnage of the ship is five hundred
tons or more,
|
|
|
|
and, if one has been issued, a valid Exemp
tion Certificate.
|
|
|
|
66. Section 336 of the Act is repealed.
|
|
|
|
67. (1) Paragraph 338(1)(a) of the French
version of the Act is replaced by the
following:
|
|
|
|
a) la construction des coques, y compris
leur compartimentage en compartiments
étanches, et l'installation de doubles-fonds
et de cloisons coupe-feu;
|
|
|
|
(2) Paragraph 338(1)(c) of the Act is
replaced by the following:
|
|
|
|
(c) the construction of equipment and the
class and quantity of various types of
equipment to be carried on vessels ;
|
|
|
|
(c.1) the construction, servicing and repair
of life-saving equipment intended to carry
more than one person, including buoyant
apparatus, life-boats and life-rafts, to be
carried on vessels, the performance stan
dards for that equipment and the markings
required to appear on them so as to show
their dimensions and the number of persons
authorized to be carried on them;
|
|
|
|
(c.2) the construction and servicing of
flotation devices intended for the use of
only one person to be carried on vessels, and
performance standards for those devices;
|
|
|
|
(3) Subsection 338(1) of the Act is
amended by adding the following after
paragraph (l):
|
|
|
|
(m) personal flotation devices to be carried
and used on board vessels or classes of
vessels, including regulations defining the
expression ``personal flotation device'' and
regulations specifying who must use those
devices, and when they must be worn, while
a vessel is in operation;
|
|
|
|
(4) Paragraph 338(1)(o) of the Act is
replaced by the following:
|
|
|
|
(o) the crewing of ships , the number of
certificated life-boat crew to be carried and
the qualifications for and the granting of
certificates to life-boat crew ;
|
|
|
|
(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 Preven
tion Act and the Oil and Gas Production and
Conservation Act in consequence thereof,
being chapter 6 of the 3rd Supplement to
the Revised Statutes of Canada, 1985, is
replaced by the following:
|
|
|
|
(o) the crewing of ships ;
|
|
|
|
68. The Act is amended by adding the
following after section 338:
|
|
| Regulations
- cargo and
ballast
|
338.1 (1) The Governor in Council may
make regulations respecting the manner in
which cargo or ballast may be stowed, secured
or carried on ships or classes of ships, the
certificates that may be given in respect of
compliance with regulations made under this
section and the provisions for the safety of the
crew that are to be made on ships carrying
cargo or ballast.
|
|
| Effect to be
given to
Convention
|
(2) The regulations made under subsection
(1) shall contain such provisions 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.
|
|
| Punishment
|
(3) Regulations made under subsection (1)
may provide for the recovery and disposition
of fines.
|
|
|
|
69. (1) Subsection 339(1) of the Act is
replaced by the following:
|
|
| Regulations to
implement
Safety
Convention
|
339. (1) The regulations that the Governor
in Council may make under section 338 or
338.1 , in so far as they apply to Safety
Convention ships, may include such require
ments as appear to the Governor in Council to
be necessary to implement the provisions of
the Safety Convention.
|
|
|
|
(2) Paragraph 339(2)(a) of the French
version of the Act is replaced by the
following:
|
|
|
|
a) d'une part, qu'un tel navire accomplis
sant quelque voyage international et trans
portant plus de douze passagers court un
risque exceptionnel en raison des condi
tions météorologiques et du trafic ;
|
|
|
|
70. Subsection 339.1(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (c) and by replacing
paragraph (d) with the following:
|
|
|
|
(d) Code for the Construction and Equip
ment of Mobile Offshore Drilling Units
(1989) ,
|
|
|
|
(e) International Code for the Construction
and Equipment of Ships Carrying Danger
ous Chemicals in Bulk (1983),
|
|
|
|
(f) International Code for the Safe Carriage
of Grain in Bulk (1991),
|
|
|
|
(g) Code of Safe Practice for Solid Bulk
Cargoes (1979),
|
|
|
|
(h) Code of Safe Practice for Ships Carrying
Timber Deck Cargoes (1991),
|
|
|
|
(i) Code of Safe Practice for Cargo Stowage
and Securing (1991), and
|
|
|
|
(j) International Maritime Dangerous
Goods Code (1991),
|
|
| R.S., c. 6 (3rd
Supp.), s. 49
|
71. Section 339.2 of the Act is repealed.
|
|
| R.S., c. 6 (3rd
Supp.), s. 50
|
72. Sections 340 to 344 of the Act are
replaced by the following:
|
|
| Prohibition
against
operating
without ship
stations
|
340. (1) No person shall operate
|
|
|
|
(a) a Canadian ship in any waters, or
|
|