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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

PART 11Enforcement — Department of Transport (continued)

Administrative Penalties (continued)

General Provisions (continued)

Marginal note:Disclosure of notations of violations

 The Minister shall keep a public record of notations of violations or default kept on any record that the Minister may keep respecting the person or vessel.

Marginal note:Limitation period

 No notice of violation may be issued more than two years after the day on which the Minister becomes aware of the contravention.

Marginal note:Certificate of Minister

 A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.

Marginal note:When compliance agreement in effect

 If a violation arising out of the contravention of any provision of Part 4, 8 or 9 or the regulations made under those Parts 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 that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled.

  • 2001, c. 26, s. 243
  • 2018, c. 27, s. 708

Regulations

Marginal note:Regulations

 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) respecting clearances for departure from a port in Canada;

  • (b) respecting the investigation of shipping casualties, the alleged contravention of a relevant provision or an incident that involved a vessel and that, in the opinion of the Minister, jeopardized the safety of persons;

  • (c) respecting the detention of vessels, including the review of detention orders;

  • (d) [Repealed, 2019, c. 1, s. 149]

  • (e) respecting the sale of a vessel under section 226, including measures that must be taken before the vessel is sold and the manner of establishing, and the priority of payment of, claims against the vessel;

  • (f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision, or the contravention of a direction given under a relevant provision, that is an offence under this Act;

  • (g) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;

  • (h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;

  • (i) respecting emergency and safety procedures for the purpose of paragraph 211(4)(d.1);

  • (j) respecting the service of documents required or authorized to be served under this Part, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served; and

  • (k) prescribing anything that by this Part is to be prescribed.

  • 2001, c. 26, s. 244, c. 29, s. 72
  • 2014, c. 29, s. 75
  • 2018, c. 27, s. 709
  • 2019, c. 1, s. 149

Offences and Punishment

Marginal note:Contravention of Act

  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) a direction given under subsection 211(3) (to stop a vessel or proceed as specified);

    • (a.1) a direction given under subsection 211(3.1) (direction to authorize a vessel);

    • (b) a direction given under any of paragraphs 211(4)(a) to (e) (to answer reasonable questions, to provide reasonable assistance, to prohibit or limit access to part of a vessel, to operate or cease operating machinery or equipment, to not move a vessel, to muster crew or carry out emergency or safety procedures or to produce documents);

    • (c) section 215 (proceed to sea with a person without their consent);

    • (d) subsection 218(1) (disciplining employee);

    • (e) subsection 222(9) (giving clearance to detained vessel);

    • (f) subsection 222(10) (moving detained vessel);

    • (g) section 223 (wilfully interfering with service of notice); or

    • (h) a direction given under subsection 227(1) (not to enter or to leave Canadian waters).

  • Marginal note: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.

Marginal note:Contravention of Act or regulations

  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) a direction given under subsection 212(2) (to store something);

    • (b) section 213 (departing without clearance); and

    • (c) a provision of the regulations made under this Part.

  • Marginal note: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 $100,000 or to imprisonment for a term of not more than one year, or to both.

  • 2001, c. 26, s. 246
  • 2015, c. 3, s. 25(F)

PART 12Miscellaneous

Goods

Definition of carrier

 In sections 248 and 250, carrier means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.

Marginal note:Carrier’s lien

  •  (1) A carrier has, on goods carried under a contract of carriage, a lien for any amount that is due to the carrier under the contract for freight or costs of storing, disposing of or preserving the goods.

  • Marginal note:Notice of lien to owner of goods

    (2) Before exercising a lien, a carrier must give notice of it to the owner of the goods, specifying the amount claimed and the particulars of the claim.

  • Marginal note:Notice of lien to third parties

    (3) If the carrier places the goods in the custody of a third party and gives the third party notice of the lien and the third party does not retain them until notified by the carrier that the lien is discharged or does not return them to the carrier, the third party is liable to the carrier. The third party may charge the carrier for storing the goods or for any reasonable action taken to preserve them or to protect property or human life from damage they may cause.

  • Marginal note:Third party’s protection

    (4) A third party who retains goods until notified by the carrier that the lien is discharged or who returns them to the carrier is not liable to the owner of the goods, regardless of whether the lien claimed by the carrier is valid.

Marginal note:Sale or other disposition of goods

  •  (1) If an owner of goods does not take delivery of the goods after notice of delivery has been given or fails to discharge a lien after it is exercised, the carrier may

    • (a) sell them by public auction at any time that is 90 days after the notice of delivery is given and 10 days after giving notice of the time and place of the auction in a newspaper that is circulated in the vicinity of the auction; or

    • (b) if the goods are perishable or pose a threat to public health or safety, sell or otherwise dispose of them in the manner and for the price that is reasonable in the circumstances after giving notice of the sale or other disposition to the owner of the goods.

  • Marginal note:Application of proceeds of disposition

    (2) The proceeds of the disposition must be credited toward payment of the amounts due or payable under the contract of carriage or any other amounts reasonably incurred for storing, disposing of or preserving the goods. Any surplus must be paid to the owner of the goods.

Marginal note:Responsibility for goods

 Subject to Part 5 of the Marine Liability Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

  • 2001, c. 26, ss. 250, 324

Stevedoring

Marginal note:Actions in rem

  •  (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring.

  • Marginal note:Limitation

    (2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant.

  • Marginal note:Does not affect other rights

    (3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Courts Act.

  • Definition of stevedoring

    (4) In this section, stevedoring includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.

  • 2001, c. 26, s. 251
  • 2002, c. 8, s. 195

Proof of Offences by Vessels

Marginal note:Proof of offence

  •  (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act or a pollution response officer, whether or not the person on board has been identified.

  • Marginal note:Directions

    (2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.

  • 2001, c. 26, s. 252
  • 2005, c. 29, s. 33
  • 2014, c. 29, s. 76

Offences

Marginal note:Damage to environment and risk of death or harm to persons

  •  (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,

    • (a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or

    • (b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.

  • Marginal note:Criminal negligence

    (2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.

Due Diligence

Marginal note:Persons

  •  (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission.

  • Marginal note:Vessels

    (2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Prohibitions on Conviction

Marginal note:Court order

 If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

  • (a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or

  • (b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.

Summary Conviction Proceedings

Marginal note:Limitation period

  •  (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister of Transport or the Minister of Fisheries and Oceans, as the case may be, becomes aware of the subject-matter of the proceedings.

  • Marginal note:Certificate of Minister

    (2) A document that purports to have been issued by the Minister referred to in subsection (1), and that certifies the day on which that Minister became aware of the subject-matter of the proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject-matter on that day.

  • Marginal note:Defendant outside Canada

    (3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than two months after they arrive in Canada.

Jurisdiction

Marginal note:Jurisdiction in case of offences

  •  (1) For the purpose of giving jurisdiction under this Act, every offence is deemed to have been committed and every cause of complaint to have arisen either in the place where the offence actually was committed or arose, or in any place where the offender or person or vessel complained against may be.

  • Marginal note:Presumption of jurisdiction

    (2) If, in a legal proceeding under this Act, a question arises as to whether a vessel or person is within any of the provisions of this Act or the regulations, the vessel or person is deemed to be within those provisions unless the contrary is proved.

Marginal note:Jurisdiction over vessels lying off coasts

  •  (1) If a district within which a court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of a sea, or abuts on or projects into navigable waters, the court, justice or provincial court judge has jurisdiction over any vessel on, or lying or passing off, that coast or in or near those navigable waters, and over all persons on board, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge.

  • Marginal note:Added power of courts

    (2) The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code.

 

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