Canada Shipping Act, 2001 (S.C. 2001, c. 26)
Full Document:
Assented to 2001-11-01
Marginal note:Death of crew member
97. (1) Subject to any other law, if a crew member of a Canadian vessel dies, the master shall
(a) without delay inform the Minister or a diplomatic or consular officer of Canada of the circumstances surrounding the death; and
(b) at the option of the person, if any, whom the crew member identified as a contact in case of emergency, arrange to bury or cremate the body or, if the person and the master agree on a place to return the body to, return it to that place.
Marginal note:Cremation or burial
(2) If the contact person referred to in paragraph (1)(b) cannot be consulted within a reasonable period, the master shall, subject to any other law, bury or cremate the body, taking into account the deceased’s wishes if known.
Marginal note:Exceptional circumstances
(3) If, in the opinion of the master, it is not feasible, because of the type of voyage or the lack of facilities, to follow the wishes of the contact person referred to in paragraph (1)(b) or of the deceased crew member, the master shall, subject to any other law, bury or cremate the body.
Marginal note:Property of a deceased crew member
(4) The authorized representative of a Canadian vessel shall give any property that belonged to a deceased crew member and was on board to the contact person referred to in paragraph (1)(b) or the deceased crew member’s estate or succession.
Obligation of Persons Who Provide Crew Members
Marginal note:If an agreement to provide crew members
98. If the authorized representative of a Canadian vessel entered into an agreement with another person to provide crew members, that other person shall, in lieu of the authorized representative or the master with respect to those crew members, comply with the obligation of the authorized representative or master set out in
(a) paragraph 91(1)(a) (enter into articles);
(b) section 92 (provide certificate of discharge);
(c) subsection 93(1) (maintain record of sea service);
(d) subsection 93(2) (provide copy of record of sea service); and
(e) subsection 94(1) (pay expenses), except in respect of any expenses covered by insurance for which that other person or the authorized representative paid.
Resolution of Disputes
Marginal note:Adjudication by Minister
99. The Minister may, on the request of the authorized representative and a crew member of a Canadian vessel, adjudicate any dispute between them that arises under this Part. The Minister’s decision is binding on the parties.
Regulations
Marginal note:Regulations
100. 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
(a) specifying the positions that shall be occupied on board Canadian vessels, or classes of Canadian vessels, their minimum number and the types and classes of Canadian maritime documents that persons in those positions shall hold;
(b) specifying the requirements in respect of any position on board Canadian vessels or classes of Canadian vessels;
(c) specifying the types and classes of certificates that may be issued in respect of positions on board Canadian vessels or classes of Canadian vessels;
(d) respecting the qualifications required of applicants for any type or class of certificate specified under paragraph (c), including their medical fitness, minimum age, degree of knowledge, skill, training and experience;
(e) respecting the manner of determining whether a person meets the requirements specified under paragraph (b) in respect of a position or the qualifications required under paragraph (d) for any type or class of certificate of competency or other Canadian maritime document;
(f) specifying the terms and conditions of certificates of competency or other Canadian maritime documents issued under this Part;
(g) specifying the circumstances in which ensuring arrangements for a crew member’s return and paying their expenses are not required for the purpose of subsection 94(1);
(h) respecting persons who enter into agreements to provide crew members, including requiring that those persons be licensed;
(i) specifying the Canadian vessels or classes of Canadian vessels in respect of which the master shall enter into articles of agreement with crew members;
(j) specifying the information that must be contained in articles of agreement;
(k) specifying what constitutes a serious violation of a contract of employment;
(l) respecting any occupational health or safety matter on board a vessel that is not regulated by the Canada Labour Code; and
(m) respecting the payment and allotment of crew members’ wages.
Offences and Punishment
Marginal note:Contravention of Act or regulations
101. (1) Every person commits an offence who contravenes
(a) subsection 82(2) (operating a vessel without sufficient and competent crew);
(b) subsection 82(3) (wilfully obstructing the operation of a vessel); or
(c) a provision of the regulations made under any of paragraphs 100(a) to (i) and (k) to (m).
Marginal note:Punishment
(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.
Marginal note:Continuing offence
(3) If an offence under subsection (1) 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.
Marginal note:Contravention of Act
102. (1) Every person commits an offence who contravenes
(a) section 87 (hold certificate or document and comply with its terms and conditions);
(b) subsection 90(1) (inform Minister of medical opinion);
(c) subsection 90(2) (inform that holder of a certificate);
(d) subsection 94(1) (pay expenses);
(e) subsection 97(1), (2), (3) or (4) (take measures following a death); or
(f) paragraph 98(e) (failure to pay expenses).
Marginal note: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.
Marginal note:Contravention of Act or regulations
103. (1) Every person commits an offence who contravenes
(a) subsection 82(1) (ensure employees present Canadian maritime documents);
(b) paragraph 91(1)(a) (enter into articles);
(c) paragraph 91(1)(b) (display articles);
(d) section 92 (provide certificate of discharge);
(e) subsection 93(1) (maintain record of sea service);
(f) subsection 93(2) (provide copy of record of sea service);
(g) paragraph 98(a) (enter into articles);
(h) paragraph 98(b) (provide certificate of discharge);
(i) paragraph 98(c) (maintain record of sea service);
(j) paragraph 98(d) (provide copy of record of sea service); or
(k) a provision of the regulations made under paragraph 100(j).
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
PART 4SAFETY
Interpretation
Definition of “Minister”
104. In this Part, “Minister” means the Minister of Transport.
Application
Marginal note: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
Marginal note:General duties
106. (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.
Marginal note: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
Marginal note: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.
Marginal note: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.
Marginal note: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.
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