|
|
(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 Section 393 of the Act is repealed.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
|
|
|
|
|
|
|
|
(i) unfired pressure vessel, or
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
(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:
|
|
|
|
|
|
| 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
|
|
|
|
|
|
|
|
(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:
|
|
|
|
|
|
|
|
97. The Act is amended by adding the
following after section 421:
|
|
|
|
|
|
| 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:
|
|
|
|
|
|
| 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.
|
|