Bill C-14
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
Application |
|
Canadian
vessels and
foreign
vessels
|
105. This Part applies in respect of
Canadian vessels, other than pleasure craft,
everywhere and in respect of foreign vessels in
Canadian waters.
|
|
|
Authorized Representatives |
|
General duties
|
106. (1) The authorized representative of a
Canadian vessel shall
|
|
|
|
|
|
|
|
|
|
|
Duties re
Canadian
maritime
documents
|
(2) The authorized representative of a
Canadian vessel shall ensure that
|
|
|
|
|
|
|
|
|
Masters |
|
Obtaining
Canadian
maritime
documents
|
107. 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
|
108. (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 106(2)
and section 107 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
|
109. (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
|
110. (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
|
111. 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
|
112. 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
|
113. Every crew member on board a vessel
shall
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Compliance
with
directions
|
114. 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
|
115. (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
|
116. Subject to sections 135 (stopping and
boarding a vessel), 175 (pollution prevention
officers' powers), 196 and 198 (pleasure craft
inspections), 200 (stopping and boarding a
vessel) and 211 (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
|
|
|
|
|
|
|
|
Tampering
and vandalism
|
117. 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
|
118. 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
|
119. 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
|
120. (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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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) Despite section 105, regulations
referred to in paragraph (1)(k) or (l) may be
made in respect of aircraft on or over
Canadian waters.
|
|
Pleasure craft
|
(4) Despite section 105, regulations
referred to in paragraph (1)(j), (k) or (l) may be
made in respect of pleasure craft that are in
Canadian waters.
|
|
Contraven- tions of regulations
|
(5) Despite section 105, paragraph
121(1)(s) applies in respect of contraventions
of regulations made under subsection (3) or
(4).
|
|
|
Offences and Punishment |
|
Contraven- tion of Act or regulations
|
121. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
Contraven- tion of subsection 110(2)
|
122. Every person who contravenes
subsection 110(2) (submerged load lines)
commits an offence and is liable on summary
conviction 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 or to imprisonment for a term of
not more than 18 months, or to both.
|
|
Contraven- tion of Act
|
123. (1) Every person commits an offence
who contravenes
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Punishment
|
(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.
|
|
When
compliance
agreement in
effect
|
124. If an offence under any of sections 121
to 123 is committed while an agreement or
arrangement is in effect between the Minister
and the authorized representative of a
Canadian vessel that provides that inspections
of the vessel to ensure compliance with a
provision referred to in subsection 121(1),
122(1) or 123(1) will be carried out by the
authorized representative or a person or an
organization acting on their behalf, the
amount of any fine imposed under that section
may be doubled.
|
|