Bill C-35

PART 4

SAFETY

Interpretation

Application

Authorized Representatives

(a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part;

(b) develop procedures for the safe operation of the vessel and for dealing with emergencies; and

(c) ensure that the crew and passengers receive safety training.

(a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and

(b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met.

Masters

Crew

(a) carry out their duties and functions in a manner that does not jeopardize the safety of the vessel or of any person on board;

(b) report to the master any safety hazards of which they become aware;

(c) report to the master any change in their circumstances that could affect their ability to carry out their duties and functions safely; and

(d) comply with lawful directions given by the master.

Passengers

Authorized Representatives, Masters, Crew Members and Other Persons

(a) without the permission or against the orders of the master or the person in charge of embarkation or disembarkation; or

(b) if there is no safe means of embarkation or disembarkation or every such means has been blocked.

Construction of Vessels

Regulations

(a) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

(b) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;

(c) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of a vessel's or a class of vessels' machinery, equipment and supplies;

(d) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

(e) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (d) are met;

(f) specifying the terms and conditions of certificates issued under this Part;

(g) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies;

(h) respecting load lines and draught marks on vessels or classes of vessels;

(i) respecting procedures and practices that must be followed;

(j) respecting compulsory routes and recommended routes;

(k) regulating or prohibiting the navigation, operation, anchoring, mooring or berthing of vessels of 15 tons gross tonnage or more for the purpose of protecting persons, vessels, artificial islands, installations, structures, works, shore areas or environmentally sensitive areas;

(l) respecting the prevention of collisions in Canadian waters or waters in the exclusive economic zone of Canada;

(m) respecting arrangements for ensuring communication between persons in different parts of a vessel and between persons on board and other persons;

(n) respecting information that must be supplied to the master and kept on board a vessel;

(o) respecting the marking of vessels and the posting of notices, plans and Canadian maritime documents to show information relating to safety and to emergency procedures;

(p) respecting the number of passengers that may be on board a vessel and their safety;

(q) respecting the illumination of docks or wharfs at which vessels are berthed;

(r) respecting shore-based gangways;

(s) respecting cargo; and

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

Offences and Punishment

(a) paragraph 105(1)(a) (ensure vessel meets requirements);

(b) paragraph 105(1)(b) (develop emergency procedures);

(c) paragraph 105(1)(c) (ensure training);

(d) paragraph 105(2)(a) (ensure vessel inspected);

(e) paragraph 105(2)(b) (ensure terms and conditions met);

(f) section 106 (obtain certificates);

(g) subsection 108(1) (ensure safety);

(h) subsection 108(2) (protect from hazards and notify authorized representative);

(i) subsection 109(1) (too many persons);

(j) section 110 (master to comply with direction);

(k) section 111 (inform of danger);

(l) paragraph 112(a) (carry out duties and functions safely);

(m) paragraph 112(b) (report safety hazards);

(n) paragraph 112(c) (report change in circumstances);

(o) paragraph 112(d) (comply with lawful direction given by master);

(p) section 116 (tampering or vandalism);

(q) section 117 (jeopardizing safety);

(r) section 118 (constructing, manufacturing or altering a vessel not in accordance with approved plans); and

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

(a) on conviction on indictment,

(i) if the offence is committed knowingly, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and

(ii) if the offence is committed negligently, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction,

(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 two years, or to both.

(a) if the offence is committed knowingly, to a fine of not more than $500,000 in respect of each centimetre or part of a centimetre that the applicable load line is submerged; and

(b) if the offence is committed negligently, to a fine of not more than $250,000 in respect of each centimetre or part of a centimetre that the applicable load line is submerged.