Bill C-14
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Offences and Punishment |
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Contraven- tion of Act
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137. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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Punishment
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(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.
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Defence
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(3) No person on board a vessel may be
convicted of an offence under paragraph
(1)(a), (b) or (c) if they had reasonable
grounds to believe that compliance with
subsection 131(1) or (3) or section 132, as the
case may be, would have imperilled life, the
vessel or another vessel.
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Contraven- tion of Act or regulations
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138. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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Punishment
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(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 $100,000 or to imprisonment for a
term of not more than one year, or to both.
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Defence
available in
certain cases
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(3) No vessel or person on board a vessel
may be convicted of contravening subsection
126(1) (entering, leaving or proceeding within
a VTS Zone) or a provision of the regulations
made under paragraph 136(1) (b) if they had
reasonable grounds to believe that compliance
with that provision would have imperilled life,
the vessel, another vessel or any property.
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Vessel may be
detained
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(4) If the Minister or a person authorized by
the Minister for the purpose of this subsection
believes on reasonable grounds that an
offence referred to in subsection (1) has been
committed by or in respect of a vessel, the
Minister or that person may make a detention
order in respect of the vessel, and section 222
(detention of vessels) applies to the detention
order, with any modifications that the
circumstances require.
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Contraven- tion of section 134
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139. Every person who contravenes section
134 (unauthorized presence on Sable Island)
commits an offence and is liable on summary
conviction to a fine of not more than $10,000.
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PART 6 |
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INCIDENTS, ACCIDENTS AND CASUALTIES |
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Interpretation |
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Definitions
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140. The definitions in this section apply in
this Part.
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``Crown
vessel'' « bâtiment appartenant à Sa Majesté »
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``Crown vessel'' means a vessel that is owned
by or is in the exclusive possession of Her
Majesty in right of Canada.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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Application |
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Vessels
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141. This Part applies in respect of vessels
registered, listed, recorded or licensed under
this Act, wherever they are, and in respect of
all other vessels in Canadian waters.
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Salvage |
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International Convention on Salvage, 1989
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Salvage
Convention
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142. (1) Subject to the reservations that
Canada made and that are set out in Part 2 of
Schedule 3, the International Convention on
Salvage, 1989, signed at London on April 28,
1989 and set out in Part 1 of Schedule 3, is
approved and declared to have the force of law
in Canada.
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Inconsistent
laws
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(2) In the event of an inconsistency between
the Convention and this Act or the regulations,
the Convention prevails to the extent of the
inconsistency.
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Salvage by Crown Vessels
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When salvage
services may
be claimed
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143. (1) In the case of salvage services
rendered by or with the aid of a Crown vessel,
Her Majesty in right of Canada and the master
and crew members may claim salvage for
salvage services only if the vessel is a tug or
is specially equipped with a salvage plant.
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Rights and
limitations
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(2) In respect of salvage services that may
be claimed under subsection (1),
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Time for
giving
consent
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(3) For the purpose of paragraph (2)(b), the
consent of the Governor in Council may be
given at any time before final adjudication.
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Evidence of
consent
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(4) Any document that purports to give the
consent of the Governor in Council for the
purpose of paragraph (2)(b) is evidence of that
consent.
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Claim
dismissed if
no consent
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(5) If a claim by the master or a crew
member is prosecuted and the consent of the
Governor in Council is not proved, the claim
must be dismissed with costs.
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Governor in
Council may
accept offers
of settlement
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144. (1) The Governor in Council may, on
the recommendation of the Attorney General
of Canada, accept, on behalf of Her Majesty in
right of Canada and the master or a crew
member, offers of settlement made with
respect to claims for salvage services rendered
by Crown vessels.
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Distribution
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(2) The proceeds of a settlement made
under subsection (1) must be distributed in the
manner that the Governor in Council
specifies.
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Limitation of Time for Salvage Proceedings
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Proceedings
within two
years
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145. (1) No action in respect of salvage
services may be commenced more than two
years after the date that the salvage services
were rendered.
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Extension of
period by
court
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(2) The court having jurisdiction to deal
with an action to which this section relates
may, in accordance with the rules of court,
extend the period described in subsection (1)
to the extent and on the conditions that it
thinks fit.
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Aircraft
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Aircraft
treated as if
vessel
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146. The provisions of this Part with respect
to salvage apply in respect of aircraft on or
over Canadian waters as they apply in respect
of vessels, with any modifications that the
circumstances require.
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Rights Not Affected
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Salvage
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147. Compliance with section 130
(direction of rescue coordinator), 131 (distress
signals) or 132 (assisting a person found at
sea) does not affect the right of a master or of
any other person to salvage.
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Obligations in Case of Collisions |
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Duty of
masters in
collision
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148. If vessels collide, the master or person
in charge of each vessel shall, if and in so far
as they can to do so without endangering their
vessel, crew or passengers,
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Inquiry into Causes of Death |
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Inquiry into
cause of death
on board
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149. (1) If a person dies on board a Canadian
vessel, on the vessel's arrival at a port in
Canada, the Minister is to endeavour to
ascertain the cause of death and, for that
purpose, may hold an inquiry .
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Powers of
Minister
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(2) For the purpose of the inquiry, the
Minister has the powers of a commissioner
under Part I of the Inquiries Act and may, if it
appears to the Minister to be necessary for the
purpose of the inquiry,
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Warrant
required to
enter living
quarters
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(3) Living quarters may not be entered
under subsection (2) unless they are entered
with the consent of the occupant or under the
authority of a warrant issued under subsection
(4).
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Authority to
issue warrant
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(4) On ex parte application, a justice, within
the meaning of section 2 of the Criminal Code,
may issue a warrant authorizing the Minister
to enter living quarters, subject to any
conditions that may be specified in the
warrant, if the justice is satisfied by
information on oath that entry to the living
quarters
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Use of force
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(5) In executing a warrant, the Minister may
not use force unless the Minister is
accompanied by a peace officer and the use of
force has been specifically authorized in the
warrant.
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Regulations |
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Regulations
- Minister
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150. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations
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Regulations
- Minister
and Minister
of Canadian
Heritage
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(2) The Governor in Council may, on the
recommendation of the Minister and the
Minister of Canadian Heritage, make
regulations respecting the salvage of wreck or
classes of wreck specified by regulations
made under paragraph 163(2)(a).
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Offences and Punishment |
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Contraven- tion of paragraph 148(a) or the regulations
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151. (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
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
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Contraven- tion of Act or regulations
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152. (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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