Regulations

Regulations

136. The Governor in Council may, on the recommendation of the Minister, make regulations

    (a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

    (b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

    (c) respecting the conditions under which a clearance under section 125 is to be granted;

    (d) defining the expression ``about to enter'' for the purpose of this Part;

    (e) respecting aids to navigation in Canadian waters;

    (f) respecting the administration and control of Sable Island and St. Paul Island;

    (g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities, including regattas or marine parades;

    (h) regulating or prohibiting navigation in Canadian waters of vessels of not more than 15 tons gross tonnage, for the purpose of promoting the safe and efficient navigation of vessels and of protecting the public interest and the environment;

    (i) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (f) to (h) and specifying their powers and duties;

    (j) respecting maritime search and rescue; and

    (k) prescribing anything that may be prescribed under this Part.

Offences and Punishment

Contraven-
tion of Act

137. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    (a) subsection 130(1) (assist persons in distress);

    (b) subsection 130(3) (comply with requisition to assist person in distress); or

    (c) section 131 (assist a person found at sea).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable

    (a) on conviction on indictment,

      (i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both, and

      (ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than one year, or to both; and

    (b) on summary conviction,

      (i) if the offence is committed knowingly, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and

      (ii) if the offence is committed negligently, to a fine of not more than $125,000 or to imprisonment for a term of not more than six months, or to both.

Defence

(3) No person on board a vessel may be convicted of an offence under paragraph (1)(a), (b) or (c) if they had reasonable grounds to believe that compliance with subsection 130(1) or (3) or section 131, as the case may be, would have imperilled life, the vessel, another vessel or any property.

Contraven-
tion of Act or regulations

138. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    (a) paragraph 125(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

    (b) paragraph 125(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

    (c) a direction given under paragraph 125(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

    (d) paragraph 125(5)(a) (take all reasonable measures to communicate);

    (e) paragraph 125(5)(b) (obtain clearance);

    (f) subsection 125(6) (remain at port or proceed to safe port);

    (g) subsection 128(1) (report disturbance of aid to navigation);

    (h) subsection 128(2) (report navigation hazard);

    (i) subsection 129(3) (comply with direction of rescue coordinator); or

    (j) a provision of the regulations made under this Part.

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction

    (a) if the offence is committed knowingly, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; and

    (b) if the offence is committed negligently, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both.

Defence available in certain cases

(3) No vessel or person on board a vessel may be convicted of contravening subsection 125(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(b) if they had reasonable grounds to believe that compliance with that provision would have imperilled life, the vessel, another vessel or any property.

Vessel may be detained

(4) If the Minister or a person authorized by the Minister for the purpose of this subsection believes on reasonable grounds that an offence referred to in subsection (1) has been committed by or in respect of a vessel, the Minister or that person may make a detention order in respect of the vessel, and section 230 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

Contraven-
tion of section 133

139. Every person who contravenes section 133 (unauthorized presence on Sable Island or St. Paul Island) commits an offence and is liable on summary conviction

    (a) if the offence is committed knowingly, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and

    (b) if the offence is committed negligently, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

PART 6

INCIDENTS, ACCIDENTS AND CASUALTIES

Interpretation

Definitions

140. The definitions in this section apply in this Part.

``Crown vessel''
« bâtiment appartenant à Sa Majesté »

``Crown vessel'' means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada.

``Minister''
« ministre »

``Minister'' means the Minister of Transport.

Application

Vessels

141. This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of foreign vessels in Canadian waters.

Salvage

International Convention on Salvage, 1989

Salvage Convention

142. (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

Inconsistent laws

(2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

Salvage by Crown Vessels

When salvage services may be claimed

143. (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

Rights and limitations

(2) In respect of salvage services that may be claimed under subsection (1),

    (a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

    (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

Time for giving consent

(3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

Evidence of consent

(4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

Claim dismissed if no consent

(5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.

Governor in Council may accept offers of settlement

144. (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

Distribution

(2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.

Limitation of Time for Salvage Proceedings

Proceedings within two years

145. (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

Extension of period by court

(2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.

Aircraft

Aircraft treated as if vessel

146. The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

Rights Not Affected

Salvage

147. Compliance with section 129 (direction of rescue coordinator), 130 (distress signals) or 131 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.

Obligations in Case of Collisions

Duty of masters in collision

148. If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

    (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

    (b) give the name of their vessel, its authorized representative's name and address and any other prescribed information to the master or person in charge of the other vessel.