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

Marginal note:Regulations — Minister

• 136. (1) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;

  • (b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

  • (c) respecting the conditions under which a clearance under section 126 is to be granted;

  • (d) defining the expression “about to enter” for the purpose of this Part;

  • (e) respecting aids to navigation in Canadian waters;

  • (f) respecting the administration and control of Sable Island;

  • (g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

  • (h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (f) or (g) and specifying their powers and duties;

  • (i) respecting maritime search and rescue; and

  • (j) prescribing anything that may be prescribed under this Part.

• Marginal note:Regulations — Minister and Minister of Transport

  (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Transport, make regulations regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment.

Marginal note:Contravention of Act

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

  • (a) subsection 131(1) (assist persons in distress);

  • (b) subsection 131(3) (comply with requisition to assist person in distress); or

  • (c) section 132 (assist a person found at sea).

• 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:Defence

  (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.

Marginal note:Contravention of Act or regulations

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

  • (a) paragraph 126(1)(a) (entering, leaving or proceeding within a VTS Zone without a clearance);

  • (b) paragraph 126(1)(b) (proceeding within a VTS Zone when unable to maintain direct communication);

  • (c) a direction given under paragraph 126(3)(b), (c) or (d) (to provide information, to use radio frequencies or to leave, refrain from entering, proceed to or remain in a VTS Zone);

  • (d) paragraph 126(5)(a) (take all reasonable measures to communicate);

  • (e) paragraph 126(5)(b) (obtain clearance);

  • (f) subsection 126(6) (remain at port or proceed to safe port);

  • (g) subsection 129(1) (report disturbance of aid to navigation);

  • (h) subsection 129(2) (report navigation hazard);

  • (i) subsection 130(3) (comply with direction of rescue coordinator); or

  • (j) 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.

• Marginal note:Defence available in certain cases

  (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.

• Marginal note:Vessel may be detained

  (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.