Offences and Punishment

Contravention of Act

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

    (a) subsection 131(1) (assist persons in distress);

    (b) subsection 131(3) (comply with requisition to assist person in distress); or

    (c) section 132 (assist a person found at sea).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 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 131(1) or (3) or section 132, as the case may be, would have imperilled life, the vessel or another vessel.

Contravention of Act or regulations

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

    (a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

    (b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

    (c) a direction given under paragraph 126(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 126(5)(a) (take all reasonable measures to communicate);

    (e) paragraph 126(5)(b) (obtain clearance);

    (f) subsection 126(6) (remain at port or proceed to safe port);

    (g) subsection 129(1) (report disturbance of aid to navigation);

    (h) subsection 129(2) (report navigation hazard);

    (i) subsection 130(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 to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Defence available in certain cases

(3) No vessel or person on board a vessel may be convicted of contravening subsection 126(1) (entering, leaving or proceeding within a VTS Zone) or a provision of the regulations made under paragraph 136(1)(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 222 (detention of vessels) applies to the detention order, with any modifications that the circumstances require.

Contravention of section 134

139. Every person who contravenes section 134 (unauthorized presence on Sable Island) commits an offence and is liable on summary conviction to a fine of not more than $10,000.

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 all other 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 130 (direction of rescue coordinator), 131 (distress signals) or 132 (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, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

Inquiry into cause of death on board

149. (1) If a person dies on board a Canadian vessel, on the vessel's arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

Powers of Minister

(2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

    (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

    (b) enter and inspect any premises at any reasonable time.

Warrant required to enter living quarters

(3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

Authority to issue warrant

(4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    (a) is necessary for the purpose of an inquiry; and

    (b) has been refused or there are reasonable grounds for believing that it will be refused.

Use of force

(5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Regulations

Regulations - Minister

150. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

    (b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;

    (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

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

Regulations - Minister and Minister of Canadian Heritage

(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Canadian Heritage, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

Offences and Punishment

Contravention of paragraph 148(a) or the regulations

151. (1) Every person commits an offence who contravenes

    (a) paragraph 148(a) (render assistance after a collision); or

    (b) a provision of the regulations made under paragraph 150(1)(a).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Contravention of Act or regulations

152. (1) Every person commits an offence who contravenes

    (a) paragraph 148(b) (failure to provide information after a collision); or

    (b) a provision of the regulations made under paragraph 150(1)(c) or subsection 150(2).

Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.