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Bill C-15

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Regulations

Regulations

48. The Governor in Council may make regulations

    (a) respecting the registration, listing and recording of ships;

    (b) respecting the issuance and renewal of certificates of registry;

    (c) respecting the suspension and cancellation of the registration of a Canadian ship;

    (d) respecting the naming and marking of ships;

    (e) respecting the port of registration;

    (f) respecting the form and manner of notifying the Chief Registrar of changes under section 28;

    (g) respecting the evidence that owners of ships previously registered in a foreign country must provide to prove that the ships are no longer registered in a foreign country;

    (h) respecting the calculation of the tonnage of ships and the issuance of certificates of tonnage;

    (i) to implement the International Convention on Tonnage Measurement of Ships, 1969, signed at London on June 23, 1969, including any amendments, whenever made, to the Annexes or Appendix to that Convention;

    (j) respecting the payment of fees for services provided in the administration of this Part and prescribing the amount of the fees;

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

    (l) generally for carrying out the purposes and provisions of this Part.

Entries and Documents

Copies of entries

49. A person may examine or obtain copies of any entries in the Register with respect to a ship.

Documents admissible in evidence

50. The following documents are admissible as evidence in any court in Canada, in the manner provided by this Act:

    (a) either of the following that purports to be signed by the Chief Registrar or a registrar:

      (i) a certified copy of any entry in the Register, or

      (ii) in the case of electronic data, a printout of any entry in the Register;

    (b) a certificate of registry or a provisional certificate issued under this Part; and

    (c) every declaration made under this Part.

Offences and Punishment

Contraven-
tion of Act or regulations

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

    (a) subsection 16(2) (failure to register);

    (b) subsection 27(1) (failure to mark);

    (c) subsection 27(3) (maintenance of markings);

    (d) subsection 27(4) (defacing, altering, concealing or removing markings);

    (e) subsection 28(1) (failure to notify - authorized representative);

    (f) subsection 28(2) (failure to notify of alteration - authorized representative);

    (g) subsection 28(3) (failure to notify - owner);

    (h) subsection 28(4) (failure to notify of completion of construction);

    (i) subsection 33(1) (operation of ship without a certificate on board);

    (j) subsection 33(2) (failure to deliver certificate to person entitled to operate ship);

    (k) subsection 33(3) (failure to deliver certificate to Chief Registrar);

    (l) subsection 34(2) (failure to fly Canadian flag);

    (m) an order made under subsection 22(4) (renaming of ship); or

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

False or misleading information, etc.

(2) Every person commits an offence who, for the purpose of applying for the registration, listing or recording of a ship or the registration of a mortgage under this Part or of complying with this Part or the regulations, provides any person with false or misleading information.

Punishment

(3) Every person who commits an offence under subsection (1) or (2) is liable

    (a) on conviction on indictment,

      (i) 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 two years, or to both, and

      (ii) if the offence is committed negligently, to a fine of not more than $10,000 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 $10,000 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 $5,000 or to imprisonment for a term of not more than six months, or to both.

Continuing offence

(4) If an offence under this Part that arises out of a contravention of subsection 16(2) (failure to register) or 27(1) (failure to mark) is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Words in parentheses

(5) The words in parentheses in paragraphs (1)(a) to (m) and subsection (4) form no part of those paragraphs but are inserted for convenience of reference only.

Transitional

Acquired rights

52. (1) Every ship registered in Canada when this Part comes into force is deemed to be registered under this Part until the ship's ownership changes.

Expiry of certificates of registry

(2) A certificate of registry issued under this Act before this Part comes into force expires no later than three years after this Part comes into force.

Exemption from registration

(3) A ship exempt from registration under this Act before this Part comes into force continues to be exempt until two years after this Part comes into force.

4. Section 273 of the Act is amended by adding the following after subsection (2):

Special purpose personnel

(2.1) Subsection (1) does not apply to special purpose personnel on board a special purpose ship.

R.S., c. 6 (3rd Supp.), s. 35

5. Section 314.1 of the Act is replaced by the following:

Regulations for non-Safety Convention ships

314.1 The Governor in Council may make regulations to implement, in whole or in part, the provisions of the International Safety Management Code of the Safety Convention adopted by the International Maritime Organization on November 4, 1993, as amended from time to time, in respect of ships other than Safety Convention ships.

6. The Act is amended by adding the following after section 317:

Inspections by Others

Inspections by others

317.1 The Minister may authorize any person, classification society or other organization to conduct inspections under this Act, subject to this Act and the terms and conditions that are specified by the Minister in the instrument of authorization.

Powers

317.2 A person, classification society or other organization authorized under section 317.1 to conduct inspections does not have the powers of a steamship inspector, but may issue any certificate that may be issued by a steamship inspector, other than an Exemption Certificate.

Delivery of report

317.3 (1) A person, classification society or other organization referred to in section 317.2 who does not issue a certificate may deliver their report to a ship inspector.

Issuance of certificates

(2) A ship inspector may act on the report and issue the appropriate inspection or Safety Inspection certificates.

Immunity

(3) A ship inspector is not liable by reason only of issuing a certificate under subsection (2).

R.S., c. 6 (3rd Supp.), s. 39

7. Section 319.1 of the Act is repealed.

8. (1) Subsection 338(1) of the Act is amended by adding the following after paragraph (c):

    (c.1) the construction, servicing and repair of life-saving equipment intended to carry more than one person, including buoyant apparatus, life-boats and life-rafts, to be carried on vessels, the performance standards for that equipment and the markings required to appear on them so as to show their dimensions and the number of persons authorized to be carried on them;

    (c.2) the construction, servicing and repair of flotation devices intended for the use of only one person to be carried on vessels, and the performance standards for those devices;

(2) Subsection 338(1) of the Act is amended by adding the following after paragraph (l):

    (m) personal flotation devices to be carried and used on board vessels or classes of vessels, including regulations defining the expression ``personal flotation device'' and regulations specifying who must use those devices, and when they must be worn, while a vessel is in operation;

9. The Act is amended by adding the following after section 379:

Special Purpose Ships and Special Purpose Personnel

Designation

379.1 (1) The Minister may, on application, designate

    (a) ships or classes of ships as special purpose ships; and

    (b) persons or classes of persons on board special purpose ships as special purpose personnel.

Regulations

(2) The Governor in Council may make regulations respecting

    (a) the operation of special purpose ships; and

    (b) the function, role and activities of special purpose personnel on board special purpose ships.

10. Subsection 391(5) of the Act is replaced by the following:

Survey ordered by court

(5) For the purposes of subsection (3), the court shall require any surveyor of ships, or any person appointed for the purpose by the Minister, or, if such a surveyor or person cannot be obtained without unreasonable expense or delay, or is not, in the opinion of the court, competent to deal with the special circumstances of the case, any other impartial surveyor appointed by the court, and having no interest in the ship, its freight or cargo, to survey the ship and to answer any question concerning it that the court may think fit to put.

11. The portion of section 406 of the Act before paragraph (a) is replaced by the following:

Exemption from regulations

406. Steamships not in excess of 15 tons gross tonnage that do not carry more than 12 passengers and that are not pleasure craft are exempt from annual inspection and from the regulations made under section 338, other than those respecting

12. The Act is amended by adding the following after section 421:

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