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(ii) the fishing zones of Canada pre
scribed under the Territorial Sea and
Fishing Zones Act, or
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(iii) the shipping safety control zones
prescribed under the Arctic Waters Pollu
tion Prevention Act,
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unless the ship is fitted with a ship station that
meets the requirements of any regulation
made under section 342 or the ship has been
exempted from the requirements of those reg
ulations.
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| 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
$100,000 or to imprisonment for a term not
exceeding six months or to both.
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| Prohibition
against
proceeding to
sea
|
341. (1) No ship shall proceed on a voyage
unless there is in force in respect of that ship
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|
(a) the radio certificate required by regula
tions made under section 342 ; and
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|
(b) if the ship has been exempted from any
of the provisions of the regulations relating
to radio, an Exemption Certificate issued
pursuant to regulations made under section
342 that by its terms is applicable to the
voyage on which the ship is about to
proceed.
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| Offence and
punishment
|
(2) Every ship that contravenes subsection
(1) is guilty of an offence and liable on
summary conviction to a fine not exceeding
$100,000 .
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| Regulations
|
342. (1) The Governor in Council may
make regulations respecting
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(a) the ship stations to be fitted on ships;
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(b) the radio equipment to be carried on
ships;
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|
(c) the type, characteristics, standards and
installation of radio equipment on ships;
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(d) the maintenance, use and operation of
radio equipment on ships;
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(e) the keeping of records in respect of radio
equipment on ships and its maintenance,
use and operation;
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(f) the inspection and certification of ship
stations;
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(g) the number and qualifications of persons
who operate and maintain radio equipment
on ships;
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(h) radio watches on ships; and
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(i) the effective carrying out of the provi
sions of this Act, and those of any interna
tional instruments, relating to radio.
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| Regulations to
implement
Safety
Convention,
etc.
|
(2) The regulations made under subsection
(1) shall include such requirements as appear
to the Governor in Council to be necessary to
implement the provisions of the Safety Con
vention, the Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 and the International Radio
Regulations, set out in the International Tele
communication Convention, that relate to
radio, as amended from time to time, except in
so far as those provisions are otherwise
implemented by this Act.
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73. (1) Subsection 348(1) of the Act is
replaced by the following:
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| Issue of Cargo
Ship Safety
Radio
Certificate
|
348. (1) Where a radio inspector has
inspected a Canadian Safety Convention ship
that is a cargo ship, other than a nuclear ship,
and the inspector is satisfied that it meets the
requirements of this Act and the regulations
relating to radio, the inspector shall issue in
respect of the ship a Cargo Ship Safety Radio
Certificate.
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(2) Subsection 348(3) of the Act is re
placed by the following:
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| Issue of Radio
Inspection
Certificate
|
(3) Where a radio inspector has inspected a
ship that does not ply on international voyages
and the inspector is satisfied that it meets the
requirements of this Act and the regulations
relating to radio, the inspector shall issue a
Radio Inspection Certificate in respect of the
ship.
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74. Sections 349 to 351 of the Act are
replaced by the following:
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| Inspection of
ship
|
349. (1) A radio inspector may inspect a
ship for the purpose of determining whether
the radio equipment and the number of
certified operators carried on the ship to
operate the radio equipment correspond sub
stantially with the particulars stated in the
appropriate certificate in respect of the ship
issued under section 318 or 348.
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| Notice of
deficiency
|
(2) Where it appears to a radio inspector
that a ship cannot proceed to sea without
danger to the passengers or crew owing to the
fact that its radio equipment or the number of
persons to operate that radio equipment does
not correspond substantially with the particu
lars stated in the appropriate certificate in
respect of the ship issued under section 318 or
348 , the inspector shall give to the master
notice in writing pointing out the deficiency
and also pointing out what, in the opinion of
the inspector , is required to remedy the
deficiency.
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| Notice to
senior
customs
officer
|
(3) Every notice given under subsection (2)
shall be communicated in the manner set out
in the regulations to the senior customs
officer 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 the appropriate certificate in
respect of the ship issued under section 318 or
348 is produced to the effect that the deficien
cy has been remedied.
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| Posting of
certificates
|
350. (1) The owner or master of a ship in
respect of which a radio certificate 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.
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| Extension not
exceeding
five months
|
(2) Where a Canadian ship in respect of
which a radio certificate has been issued is
absent from Canada at the date when the
certificate expires, the Minister or any person
authorized by the Minister 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.
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| Extension not
exceeding one
month
|
(3) A radio certificate that has not been
extended under subsection (2) may be ex
tended by the Minister or any person autho
rized by the Minister for the purpose for a
period not exceeding one month after the date
on which it would otherwise expire.
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|
| Control of
station
|
351. (1) The operation of the ship station on
a ship shall be under the control of the master
of the ship .
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| Secrecy of
messages
|
(2) No person shall deliver or divulge the
contents of a message received by a ship
station to any person except the addressee, the
accredited agent of the addressee , a properly
authorized person who is essential for the
forwarding of the message to the addressee or
a properly authorized official of the Govern
ment of Canada or a competent legal tribunal.
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|
| Right of
master to
censor
messages
|
(3) Notwithstanding subsection (2) , the
master of a ship has the right to censor all
messages addressed to or transmitted by the
ship station on the ship .
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| Use of
message
prohibited
|
(4) No person, other than the person to
whom the message is addressed, shall make
any use of a message received by a ship
station, other than a message of distress,
urgency or safety.
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|
| Offence and
punishment
|
(5) Every person who contravenes subsec
tion (2) or (4) is guilty of an offence and liable
on summary conviction to a fine not exceed
ing $5,000 and to imprisonment for a term not
exceeding six months or to both.
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|
75. Subsection 370(3) of the Act is re
placed by the following:
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|
| Effect of
certificates
issued by
foreign
countries
|
(3) Where the Minister certifies
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(a) 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
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(b) that the provision for the fixing, marking
and certifying of load lines is based on the
same principles as the corresponding provi
sions of this Part and is equally effective,
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the Governor in Council may direct that Load
Line Certificates issued pursuant to that provi
sion in respect of ships, or that class or descrip
tion of ships, of that foreign country, as the
case may be, have the same effect for the pur
pose of this Part as Special Load Line Certifi
cates issued in Canada pursuant to this section.
|
|
| R.S., c. 1 (2nd
Supp.),
s. 213(1)
(Sch. I,
subitem
13(2))
|
76. Section 373 of the Act and the heading
before it are replaced by the following:
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|
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|
|
| R.S., c. 6 (3rd
Supp.),
s. 54(1)
|
77. (1) Paragraph 375(2)(a) of the Act is
replaced by the following:
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|
(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,
November 12, 1975 and November 15,
1979, including any amendments, whenev
er made, to the Annexes to that Convention;
|
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| Regulations
valid
|
(2) Every regulation made before the
coming into force of subsection (1) that
purports to carry out and give effect to the
International Convention on Load Lines,
1966, as amended in London on November
12, 1975, is deemed to be a regulation that
is validly made.
|
|
| R.S., c. 6 (3rd
Supp.),
s. 54(2)
|
(3) Subsections 375(2.1) and (2.2) of the
Act are repealed.
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|
78. The Act is amended by adding the
following after section 379:
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|
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| Regulations
|
379.1 The Minister may make regulations
respecting
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(a) the designation of ships or classes of
ships as special purpose ships;
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|
(b) the operation of special purpose ships;
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|
(c) the designation of persons or classes of
persons as special purpose personnel on
special purpose ships; and
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|
(d) the function, role and activities of
special purpose personnel on board special
purpose ships.
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|
79. (1) Subsection 384(1) of the Act is
replaced by the following:
|
|
| Answering
distress signal
|
384. (1) The master of a Canadian ship at
sea, on receiving from any source a signal,
message, call or radiogram of any kind that
any person , ship, aircraft or survival craft is in
distress, shall proceed with all speed to the
assistance of the person or persons in distress,
informing them if possible that he or she is
doing so, but if the master is unable or, in the
special circumstances of the case, considers it
unreasonable or unnecessary to proceed to be
of assistance, he or she shall enter in the
official log-book of the ship the reason for
failing to proceed to be of assistance.
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|
(2) Subsection 384(5) of the Act is re
placed by the following:
|
|
| Offence and
punishment
|
(5) Every master of a Canadian ship who
contravenes this section is guilty of an offence
and is liable
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|
|
(a) on summary conviction, to a fine not
exceeding $250,000 or to imprisonment for
a term not exceeding six months or to both;
or
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|
|
(b) on conviction on indictment , to a fine
not exceeding $1,000,000 or to imprison
ment for a term not exceeding one year or
to both.
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|
|
80. The Act is amended by adding the
following after section 384:
|
|
| Fraudulent
distress
signals
|
384.1 Every person who knowingly sends,
transmits or causes to be sent or transmitted,
by any means, a false or fraudulent distress
signal, message, call or radiogram of any kind
from or purporting to be on behalf of a ship is
guilty of an offence and liable on summary
conviction to a fine not exceeding $25,000 or
to imprisonment for a term not exceeding one
year or to both.
|
|
| Liability for
costs
|
384.2 (1) Every person who knowingly
sends, transmits or causes to be sent or
transmitted, by any means, a false or fraudu
lent distress signal, message, call or radio
gram of any kind from, to or purporting to be
on behalf of a ship is liable for the costs and
expenses incurred by Her Majesty in right of
Canada in respect of measures taken in
response.
|
|
| Admiralty
Court has
jurisdiction
|
(2) All claims pursuant to subsection (1)
may be sued for and recovered in the Admiral
ty Court.
|
|
|
|
81. Subsections 385(1) to (3) of the Act are
replaced by the following:
|
|
| Minister may
designate
rescue
coordinators
|
385. (1) The Minister may designate any
person, either by name or title of office , as a
rescue coordinator to organize search and
rescue operations in Canadian waters and on
the high seas off the coasts of Canada.
|
|
| Power of
rescue
coordinators
|
(2) On being informed that a person, a
vessel, an aircraft or a survival craft 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 distress, a
rescue coordinator may
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|
(a) order all vessels within an area specified
by the rescue coordinator to report their
positions to the rescue coordinator ;
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|
(b) order any vessel to take part in a search
for the person , vessel, aircraft or survival
craft in distress or to otherwise render
assistance; and
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|
|
(c) give such other orders as the rescue
coordinator considers necessary to carry
out search and rescue operations for that
person , vessel, aircraft or survival craft.
|
|
| Offence and
punishment
|
(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
the direction of a rescue coordinator is guilty
of an offence and liable
|
|
|
|
(a) on summary conviction, to a fine not
exceeding $250,000 or to imprisonment for
a term not exceeding six months or to both;
or
|
|
|
|
(b) on conviction on indictment, to a fine
not exceeding $1,000,000 or to imprison
ment for a term not exceeding one year or
to both.
|
|
|
|
82. The Act is amended by adding the
following after section 388:
|
|
| Dangerous or
careless
operation of
vessel
|
388.1 (1) No person shall operate a vessel in
|
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|
|
|
|
|
|
(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,
|
|
|
|
in a manner that is dangerous to any person,
structure or other vessel or that materially
deviates from the standards of care that a rea
sonably prudent person would use, having re
gard to all the circumstances, including the na
ture and condition of those waters and the use
that at the time is or might reasonably be ex
pected to be made of those waters.
|
|
| 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.
|
|
| Operating
unfit vessel
|
388.2 (1) No person shall operate a vessel in
any waters referred to in section 388.1 that 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 equip
ment 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
|
|