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Bill C-35

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First Reading

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	PART 4
	SAFETY
	Interpretation
Definition of ``Minister''	103. In this Part, ``Minister'' means the Minister of Transport.
	Application
Canadian vessels and foreign vessels	104. This Part applies in respect of Canadian vessels everywhere and in respect of foreign vessels in Canadian waters.
	Authorized Representatives
General duties	105. (1) The authorized representative of a Canadian vessel shall
	(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.
Duties re Canadian maritime documents	(2) The authorized representative of a Canadian vessel shall ensure that
	(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
Obtaining Canadian maritime documents	106. The master of a Canadian vessel shall, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained.
Exemptions	107. (1) If the master of a Canadian vessel has had the vessel or its machinery or equipment inspected by an authority of a foreign state and that authority has issued a certificate that certifies that the vessel, machinery or equipment meets certain requirements of that state and the Minister is satisfied that those requirements meet or exceed the requirements for a Canadian maritime document required under this Part, the Minister may grant an exemption, for the period specified by the Minister, from the obligation to comply with subsection 105(2) and section 106 with respect to that certificate.
Issuance of certificates by foreign states	(2) The Minister may request the government of a state that is a party to a convention, protocol or resolution listed in Schedule 1 respecting the safety of vessels or of persons who are on board or are loading or unloading vessels to issue in respect of a Canadian vessel any certificate provided for by the convention, protocol or resolution. A certificate issued as a result of such a request and containing a statement that it has been so issued has effect for the purposes of this Act as if it had been issued under this Part and may be suspended or cancelled as though it were a Canadian maritime document.
Safety of persons	108. (1) The master of a vessel shall take all reasonable steps to ensure the safety of the vessel and of persons who are on board or are loading or unloading it while using equipment on it.
Protection from hazards	(2) If the master of a vessel is informed of a safety hazard, the master shall, unless the master determines that the hazard does not exist, take reasonable measures to protect the vessel and persons on board from the hazard, including eliminating it if feasible. If it is not feasible to eliminate it, the master of a Canadian vessel shall notify the authorized representative.
Carrying excess number of persons	109. (1) The master of a vessel shall ensure that the number of persons carried on board is not more than the number of persons authorized to be on board under any certificate issued under this Part or under an international convention or protocol listed in Schedule 1.
Submerging load lines	(2) The master of a vessel shall ensure that the applicable load lines on the vessel are not submerged.
Compliance with directions	110. Every master shall comply with any direction given to the master by a marine safety inspector to cease any operation or procedure that, in the inspector's opinion, poses an undue risk because of unsafe conditions.
Information to be sent respecting dangers to navigation	111. If the master of a Canadian vessel encounters dangerous ice, a dangerous derelict or other direct danger to navigation, a tropical storm, winds of a force of 10 or more on the Beaufort scale for which no storm warning has been received or subfreezing air temperatures associated with gale force winds and causing severe ice accretion on the superstructure of the vessel, the master shall give notice to all vessels in the vicinity and the prescribed authorities on shore of the danger.
	Crew
Carrying out duties and reporting	112. Every crew member on board a vessel shall
	(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.
Compliance with directions	113. Every crew member on board a vessel shall comply with any direction given to them by a marine safety inspector to cease any operation or procedure that, in the inspector's opinion, poses an undue risk because of unsafe conditions.
	Passengers
Compliance with directions	114. (1) Every passenger on board a vessel shall comply with any direction that is given to them by the master or a crew member to carry out the provisions of this Act or the regulations.
Compliance with direction to leave a vessel	(2) Every passenger on board a vessel shall comply with a direction to leave the vessel that is given to them by the master before the vessel embarks on a voyage.
	Authorized Representatives, Masters, Crew Members and Other Persons
When boarding a vessel prohibited	115. Subject to sections 135 (stopping and boarding a vessel), 177 (pollution prevention officers' powers), 199 and 201 (pleasure craft inspections), 203 (stopping and boarding a vessel) and 214 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one
	(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.
Tampering and vandalism	116. No person shall tamper with or vandalize a vessel or its machinery, equipment or notices or plans relating to emergency procedures, safety or navigation.
Jeopardizing safety	117. No person shall take any action that might jeopardize the safety of a vessel or of persons on board.
	Construction of Vessels
In accordance with plans	118. Subject to the regulations, no person shall construct, manufacture or alter a vessel of a prescribed class otherwise than in accordance with plans approved by the Minister as having met the requirements of the regulations respecting the design and construction of vessels of that class.
	Regulations
Regulations	119. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the safety of vessels or classes of vessels and of persons on board or loading or unloading a vessel, including 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.
Application of regulations	(2) Regulations made under this section apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.
Aircraft	(3) Regulations made under paragraph (1)(k) or (l) may be made in respect of aircraft on or over Canadian waters.
	Offences and Punishment
Contraven- tion of Act or regulations	120. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
	(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.
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 $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.
Contraven- tion of subsection 109(2)	121. Every person who contravenes subsection 109(2) (submerged load lines) commits an offence and is liable on summary conviction
	(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.