Bill C-14
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Transfers of Vessels or Shares in Vessels |
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Transfer
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73. If the ownership of a Canadian vessel or
a share in one changes and the vessel is still
required or entitled to be registered under this
Part,
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Order for sale
on acquisition
by an
unqualified
person
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74. If an unqualified person acquires a
Canadian vessel, other than a vessel described
in paragraph 47(b) (a vessel owned by a
foreign corporation), a vessel described in
paragraph 47(c) (a vessel subject to a
financing agreement) or a vessel described in
section 48 (a bare-boat chartered vessel), or a
share in one, any interested person may apply
to the Federal Court, or any court of competent
jurisdiction whose rules provide for in rem
procedure in respect of vessels, for an order
that the vessel or share, as the case may be, be
sold to a qualified person.
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Power of
court to
prohibit
transfer
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75. On the application of an interested
person, the Federal Court, or any court of
competent jurisdiction whose rules provide
for in rem procedure in respect of vessels, may
make an order prohibiting any dealing with a
Canadian vessel or a share in one for a
specified period.
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Entries |
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Copies of
entries
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76. A person may examine or obtain copies
of any entries in the Register with respect to a
vessel.
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Regulations |
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Regulations
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77. The Governor in Council may, on the
recommendation of the Minister, make
regulations for carrying out the purposes and
provisions of this Part, including regulations
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Offences and Punishment |
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Contraven- tion of Act or regulations
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78. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who 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.
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Contraven- tion of Act or regulations
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79. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $10,000.
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Continuing
offence
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(3) If an offence under paragraph (1)(a) or
(c) is committed or continued on more than
one day, the person who committed it is liable
to be convicted for a separate offence for each
day on which it is committed or continued.
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PART 3 |
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PERSONNEL |
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Interpretation |
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Definition of
``Minister''
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80. In this Part, ``Minister'' means the
Minister of Transport.
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Application |
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Canadian
vessels
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81. This Part applies in respect of Canadian
vessels, other than pleasure craft, everywhere.
Subsections 86(2) to (4) also apply in respect
of foreign vessels in Canadian waters.
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Masters |
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Presentation
of documents
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82. (1) The master of a Canadian vessel
shall ensure that every person who is
employed in a position on board presents to
the master all Canadian maritime documents
that they are required under this Part to have
for that position.
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Sufficient and
competent
staff
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(2) No master of a Canadian vessel shall
operate it unless it is staffed with a crew that
is sufficient and competent for the safe
operation of the vessel on its intended voyage,
and is kept so staffed during the voyage.
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Obstruction
prohibited
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(3) No crew member shall wilfully obstruct
a master's operation of a Canadian vessel
unless the master is, without just cause,
putting at risk the safety of the vessel or of any
person on board.
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Detention of
persons
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83. (1) The master of a Canadian vessel may
detain any person on board if the master has
reasonable grounds to believe that it is
necessary to do so to maintain good order and
discipline on the vessel or for the safety of the
vessel or of persons or property on board. The
detention may last only as long as necessary to
maintain order and discipline or to ensure the
safety of persons or property.
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Custody
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(2) The master of a Canadian vessel on a
voyage may take into custody without warrant
any person on board who the master has
reasonable grounds to believe has committed
an offence under this Act or any other Act of
Parliament, and must as soon as feasible
deliver that person to a peace officer.
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Use of force
on a voyage
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(3) The master of a Canadian vessel on a
voyage is justified in using as much force as
the master believes on reasonable grounds is
necessary for the purpose of maintaining good
order and discipline on the vessel, but the
master must not use force that is intended or is
likely to cause death or grievous bodily harm
unless the master believes on reasonable
grounds that it is necessary for
self-preservation or the preservation of
anyone on the vessel from death or grievous
bodily harm.
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Stowaways and Other Persons |
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Liable for
discipline
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84. Every person whom the master of a
Canadian vessel is compelled to take on board
and convey, and every person who stows away
on a Canadian vessel or hides in cargo that is
subsequently loaded on a Canadian vessel, is,
as long as the person remains on board, subject
to the same rules and orders for preserving
discipline, and to the same punishments for
contravening the rules or orders constituting
or tending to a breach of discipline, as are crew
members.
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Contract of Employment |
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Masters'
contracts
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85. (1) In every contract of employment
between the authorized representative and the
master of a Canadian vessel there is implied,
notwithstanding any agreement to the
contrary, an obligation on the authorized
representative that the authorized
representative and every agent charged with
loading the vessel, preparing it for a voyage or
sending it on a voyage use all reasonable
means to ensure its seaworthiness for the
voyage when the voyage commences and to
keep the vessel in a seaworthy condition
during the voyage.
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Crew
members'
contracts
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(2) In every contract of employment
between the authorized representative and a
crew member of a Canadian vessel there is
implied, notwithstanding any agreement to
the contrary, an obligation on the authorized
representative that the authorized
representative, the master and every agent
charged with loading the vessel, preparing it
for a voyage or sending it on a voyage use all
reasonable means to ensure its seaworthiness
for the voyage when the voyage commences
and to keep the vessel in a seaworthy condition
during the voyage.
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Exception
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(3) Nothing in this section subjects the
authorized representative of a Canadian
vessel to any liability by reason of the vessel's
being sent to sea in an unseaworthy condition
if sending the vessel to sea in that condition
was reasonable and justifiable in order to
mitigate unsafe circumstances.
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Liens and Claims |
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Liens
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86. (1) The master, and each crew member,
of a Canadian vessel has a maritime lien
against the vessel for claims that arise in
respect of their employment on the vessel,
including in respect of wages and costs of
repatriation that are payable to the master or
crew member under any law or custom.
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Foreign liens
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(2) The master and each crew member of a
vessel on whom a maritime lien against the
vessel is conferred by a jurisdiction other than
Canada in respect of employment on the
vessel has a maritime lien against the vessel.
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Claims
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(3) The master, and each crew member, of
a vessel may maintain an action against the
vessel in the Federal Court, or any court of
competent jurisdiction whose rules provide
for in rem procedure in respect of vessels, for
claims in respect of which a lien is conferred
under subsection (1) or (2).
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Priority
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(4) Liens conferred by subsection (1) or (2)
rank in priority to all other claims, secured or
unsecured, against the vessel, other than
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Certificates |
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Positions on
board
Canadian
vessels
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87. Every person who is employed on board
a Canadian vessel in a position in respect of
which a certificate is required under this Part
shall hold the certificate and comply with its
terms and conditions.
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Eligibility
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88. (1) Only a Canadian citizen or a
permanent resident within the meaning of
subsection 2(1) of the Immigration Act may
hold a certificate of competency that is issued
under this Part.
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Foreign
certificates of
competency
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(2) The Minister may, on application by a
person described in subsection (1), issue a
certificate of competency in respect of certain
requirements under this Act to the holder of a
certificate of competency that was issued
under the laws of a foreign state if the Minister
is satisfied that the requirements under those
laws for the foreign certificate meet or exceed
the requirements under this Act. Before
issuing the certificate, the Minister may
require that the holder take an examination set
by the Minister.
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Acceptance of
foreign
certificates
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89. (1) If the government of a foreign state
has entered into a reciprocal arrangement with
the Government of Canada to accept
certificates of competency issued under this
Part in lieu of certificates of competency of
that state and if the Minister is satisfied that
the requirements under the laws of the foreign
state for a certificate of competency meet or
exceed the requirements under this Act, the
Minister may direct, subject to any conditions
that the Minister specifies, that the foreign
certificate may be accepted in lieu of a
certificate of competency issued under this
Part.
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Suspension or
cancellation
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(2) A foreign certificate that is accepted
under subsection (1) may, in so far only as
concerns its validity in Canada, be suspended
or cancelled by the Minister as though it were
a Canadian maritime document, and the
holder of any certificate so suspended or
cancelled must deliver it to the Minister, who
must then return it to the authority that issued
it.
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Medical or Optometric Information |
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Minister to be
provided with
information
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90. (1) If a physician or an optometrist
believes on reasonable grounds that the holder
of a certificate issued under this Part has a
medical or optometric condition that is likely
to constitute a hazard to maritime safety, the
physician or optometrist shall inform the
Minister without delay of that opinion and the
reasons for it.
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Patient to
advise
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(2) The holder of a certificate issued under
this Part in respect of which standards of
medical or optometric fitness are required
shall, before being examined by a physician or
an optometrist, advise the physician or
optometrist that they hold the certificate.
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Use by
Minister
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(3) The Minister may use any information
provided under subsection (1) for the purpose
of determining whether the holder of a
certificate meets the requirements in respect
of that certificate.
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No
proceedings
shall lie
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(4) No legal, disciplinary or other
proceedings lie against a physician or
optometrist for anything they do in good faith
in compliance with this section.
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Deemed
consent
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(5) The holder of a certificate is deemed, for
the purposes of this section, to have consented
to the Minister being informed under
subsection (1) in the circumstances referred to
in that subsection.
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