PART 5

NAVIGATION SERVICES

Interpretation

Definitions

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

``aid to navigation''
« aide à la navigation »

``aid to navigation'' means a buoy, beacon, lighthouse, landmark, radio aid to marine navigation or any other structure or device installed, built or maintained in or on water or on land for the purpose of assisting with marine navigation.

``Minister''
« ministre »

``Minister'' means the Minister of Fisheries and Oceans.

``VTS Zone''
« zone STM »

``VTS Zone'' means a Vessel Traffic Services Zone established under paragraph 136(a).

Vessel Traffic Services

Entering, leaving or proceeding within a VTS Zone

126. (1) Subject to subsection (4), no vessel of a prescribed class shall

    (a) enter, leave or proceed within a VTS Zone without having previously obtained a clearance under this section; or

    (b) proceed within a VTS Zone unless able to maintain direct communication with a marine communications and traffic services officer in accordance with the regulations.

Marine communica-
tions and traffic services officers

(2) The Minister may designate as marine communications and traffic services officers persons in the public service of Canada who meet the requirements specified by the Minister.

Powers of officers

(3) Subject to any regulations made under section 136, to any other Act of Parliament governing ports or harbours and to the regulations or by-laws made under such an Act, for the purpose of promoting safe and efficient navigation or environmental protection, a marine communications and traffic services officer may, with respect to any vessel of a prescribed class that is about to enter or is within a VTS Zone,

    (a) grant a clearance to the vessel to enter, leave or proceed within the VTS Zone;

    (b) direct the master, pilot or person in charge of the deck watch of the vessel to provide, in the manner and at any time that may be specified in the direction, any pertinent information in respect of the vessel that may be specified in the direction;

    (c) direct the vessel to use any radio frequencies in communications with coast stations or any other vessel that may be specified in the direction; and

    (d) direct the vessel, at the time, between the times or before or after any event that may be specified in the direction,

      (i) to leave the VTS Zone,

      (ii) to leave or refrain from entering any area within the VTS Zone that may be specified in the direction, or

      (iii) to proceed to or remain at any location within the VTS Zone that may be specified in the direction.

If vessel unable to communicate

(4) If a vessel

    (a) is unable to obtain a clearance required by subsection (1) because of an inability to establish direct communication with a marine communications and traffic services officer, or

    (b) after obtaining a clearance, is unable to maintain direct communication with a marine communications and traffic services officer,

the vessel may, subject to subsection (6), nev ertheless proceed on its route.

Communica-
tion and obtaining clearance

(5) The master shall

    (a) in the circumstances described in subsection (4), take all reasonable measures to communicate with a marine communications and traffic services officer as soon as possible; and

    (b) in the circumstances described in paragraph (4)(a), obtain a clearance as soon as possible after direct communication is established.

Equipment failure

(6) In the circumstances described in subsection (4), if the master is unable to establish or maintain direct communication because of an equipment failure on the vessel, the vessel shall

    (a) if it is in a port or anchorage where the equipment can be repaired, remain there until it is able to establish communication in accordance with the regulations; and

    (b) if it is not in a port or anchorage where the equipment can be repaired, proceed to the nearest reasonably safe port or anchorage on its route when it is safe to do so and remain there until it is able to establish communication in accordance with the regulations.

Variations from requirements or conditions

127. (1) The Minister may, on request, vary in respect of a vessel a requirement or condition made under paragraph 136(b) or (c) if the Minister is satisfied that the varied requirement or condition would result in an equivalent or greater level of safety.

Contraven-
tion

(2) A contravention of a requirement that is varied under subsection (1) is deemed to be a contravention of the original requirement.

Aids to Navigation

Aids to navigation vest in Her Majesty

128. All aids to navigation acquired, installed, built or maintained at the expense of a province before it became a part of Canada, or at the expense of the Government of Canada, and all buildings and other works relating to those aids, are vested in Her Majesty in right of Canada and are under the control and management of the Minister.

Obligation to report damage

129. (1) If a vessel, or anything towed by a vessel, runs down, moves, damages or destroys an aid to navigation in Canadian waters, the person in charge of the vessel shall, without delay, make a report to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

Obligation to report - navigation hazard

(2) A person in charge of a vessel in Canadian waters who discovers an uncharted hazard to navigation, or discovers that an aid to navigation is missing, out of position or malfunctioning, shall make a report without delay to a marine communications and traffic services officer or, if that is not feasible, to an officer of the Canadian Coast Guard.

Search and Rescue

Designation of rescue coordinators

130. (1) The Minister may designate persons as rescue coordinators to organize search and rescue operations.

Power of rescue coordinators

(2) On being informed that a person, a vessel or an aircraft 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 that they may be in distress, a rescue coordinator may

    (a) direct all vessels within an area that the rescue coordinator specifies to report their positions;

    (b) direct any vessel to take part in a search for that person, vessel or aircraft or to otherwise render assistance;

    (c) give any other directions that the rescue coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and

    (d) use any lands if it is necessary to do so for the purpose of saving the life of a shipwrecked person.

Duty to comply

(3) Every vessel or person on board a vessel in Canadian waters and every vessel or person on board a vessel in any waters that has a master who is a qualified person shall comply with a direction given to it or them under subsection (2).

Answering distress signal

131. (1) Subject to this section, the master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters, on receiving a signal from any source that a person, a vessel or an aircraft is in distress, shall proceed with all speed to render assistance and shall, if possible, inform the persons in distress or the sender of the signal.

Distress signal - no assistance

(2) If the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to the assistance of a person, a vessel or an aircraft in distress, the master is not required to proceed to their assistance and is to enter the reason in the official log book of the vessel.

Ships requisitioned

(3) The master of any vessel in distress may requisition one or more of any vessels that answer the distress call to render assistance. The master of a requisitioned vessel in Canadian waters and every qualified person who is the master of a requisitioned vessel in any waters shall continue to proceed with all speed to render assistance to the vessel in distress.

Release from obligation

(4) The master of a vessel shall be released from the obligation imposed by subsection (1) when the master learns that another vessel is complying with a requisition referred to in subsection (3).

Further release

(5) The master of a vessel shall be released from an obligation imposed by subsection (1) or (3) if the master is informed by the persons in distress or by the master of another vessel that has reached those persons that assistance is no longer necessary.

Assistance

132. The master of a vessel in Canadian waters and every qualified person who is the master of a vessel in any waters shall render assistance to every person who is found at sea and in danger of being lost.

Aircraft treated as if vessel

133. Sections 130 to 132 apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels in Canadian waters, with any modifications that the circumstances require.

Sable and St. Paul Islands

Presence on Islands

134. No person shall be present on Sable Island or St. Paul Island unless the person

    (a) has been so authorized in writing by the Minister and, in the case of a person present on Sable Island, meets any terms and conditions specified in the authorization;

    (b) is there to perform duties on behalf of the Government of Canada; or

    (c) landed on the Island because of adverse weather conditions or the wreck or distress of a vessel or an aircraft that the person was on.

Enforcement

Designation

135. (1) The Minister may designate any person or class of persons for the purposes of enforcing this Part.

Stopping and boarding a vessel

(2) A person, or a member of a class of persons, designated under subsection (1) who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a vessel or any person on board a vessel may stop and board the vessel and take any reasonable action to ensure public safety or protect the public interest.

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 126 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;

    (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.