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Bill C-73

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52. (1) Section 273 of the Act is amended by adding the following after subsection (2):

Special purpose personnel

(2.1) Subsection (1) does not apply in respect of special purpose personnel on board a special purpose ship.

(2) Subsection 273(10) of the Act is replaced by the following:

Offence and punishment

(10) Every person who employs a person in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprison ment for a term not exceeding six months or to both.

53. Subsection 297(2) of the Act is re placed by the following:

Provision for return

(2) Provision shall be made for the return of a seafarer to a proper return port if the whole of the route is by sea, or if any part of the route is by sea, by placing the seafarer on board a Canadian ship that is in need of seafarers to make up its complement, or, if that is not practicable, by providing the seafarer with a passage in any ship, or with the money for the seafarer's passage, by sea or by air and, if any part of the route is by land, by paying the expenses of the seafarer's journey and main tenance during the journey, or providing the seafarer with means to pay those expenses.

54. Subsection 298(2) of the Act is re placed by the following:

Factors

(2) In deciding any question under this section, the proper authority shall have regard both to the convenience of the seafarer and to the expense involved, and also, where it is the case, to the fact that a Canadian ship that is in need of persons to make up its complement is about to proceed to a proper return port or to a port in the vicinity of a proper return port .

55. Section 302 of the Act is replaced by the following:

Scope of appointment

301.1 In making an appointment under section 301, the Governor in Council may specify that the ship inspector is a ship inspector in relation to all ships or for such class or classes of ships as the Governor in Council may specify in the instrument of appointment.

Examination of ship inspectors

302. No person shall be appointed a ship inspector unless the person has passed an examination satisfactory to the Board or possesses qualifications satisfactory to the Board , and has obtained a certificate to that effect from the Chair .

56. The Act is amended by adding the following after section 303:

Prohibition against commercial interests

303.1 No person shall, while holding office as a ship inspector, be financially interested in the commercial repair, operation, equipping, construction or sale of ships or their equip ment or machinery.

57. Subsections 304(1) and (2) of the Act are replaced by the following:

Board of Ship Inspection

304. (1) There shall be a Board of Ship Inspection, composed of such ship inspectors and other persons as the Minister may appoint.

Manner of appointment

(1.1) The Minister may appoint persons to the Board either by name or by title of office.

Chair

(2) The Governor in Council may appoint any member of the Board who is a ship inspector to be the Chair of the Board .

58. (1) Subsection 305(2) of the Act is replaced by the following:

Duties

(2) It shall be the duty of the Board

    (a) to give decisions in respect of the structural strength and suitability from the point of view of the safety of hulls, machinery and equipment;

    (b) to give decisions on such matters as may be referred to it by the Chair ; and

    (c) to prescribe the requirements that candidates must meet to be appointed as ship inspectors.

R.S., c. 6 (3rd Supp.), s. 32

(2) Paragraphs 305(2.1)(a) and (b) of the Act are replaced by the following:

    (a) exempt any ship or class of ships from complying with any provision of the regula tions relating to pollution prevention or the design, construction, equipment, radio equipment, machinery, inspection, crewing or operation of ships, where the Board considers the exemption necessary or desir able;

    (b) permit, in respect of any ship or class of ships , the substitution, for any such provi sion of the regulations, of any other provi sion that, in the opinion of the Board, provides a level of safety or pollution prevention at least equivalent to that pro vided by compliance with that provision of the regulations; or

    (c) permit, in respect of the issuance of a certificate of competency, the substitution, for any such provision of the regulations, of any other provision that, in the opinion of the Board, provides a level of competence at least equivalent to that provided by compliance with that provision of the regulations.

(3) Subsection 305(3) of the Act is re placed by the following:

Rules and regulations

(3) The Board may, with the approval of the Governor in Council, make rules and regula tions for its own conduct, for the uniform inspection of ships and for such other pur poses as are necessary under this Act .

59. The Act is amended by adding the following after section 305:

Standards, etc.

305.1 The Board may issue standards, specifications, codes, guidelines or instruc tions respecting

    (a) pollution prevention;

    (b) the design, construction, equipment, radio equipment, machinery, inspection, crewing and operation of ships;

    (c) the tonnage measurement of ships; and

    (d) the training and certification of masters and seafarers.

Board may issue directions

305.2 (1) Where, in the opinion of the Board, the regulations made under subsection 338.1(1) are insufficient to protect the public, the environment or any property in respect of any particular ship or any particular cargo, the Board may issue such directions as it consid ers appropriate to persons loading, stowing or securing any cargo on any ship.

Offence

(2) Every person who contravenes a direc tion issued under subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

60. Sections 311 and 312 of the Act are replaced by the following:

Duty during inspection

311. (1) A ship inspector who inspects a ship, and a person who inspects a ship pursuant to an authorization given under section 317.1 , shall verify that the ship has the navigation lights, appliances and other equip ment required under the Collision Regulations and that it has the proper certificated officers, navigating and engineering, required under this Act, and a certificate shall not be given to any ship unless it has the required navigating lights, appliances and equipment and the proper certificated officers.

Production of certificate of registry

(2) A ship inspector who inspects a ship, and a person who inspects a ship pursuant to an authorization given under section 317.1 , shall demand of the owner or master of the ship the production of the certificate of registry or licence of the ship , and the owner or master shall produce that certificate or licence on demand.

Reasonable assistance

(3) A ship inspector who inspects a ship, and a person who inspects a ship pursuant to an authorization given under section 317.1 , may demand all reasonable assistance from the owner or master of the ship for the purpose of making the inspection or obtaining in formation required for the inspection .

Record of inspections and certificates

312. Every ship inspector and every person who inspects ships pursuant to an authoriza tion given under section 317.1 shall keep records of the inspections they make and the certificates they issue , in such form and with such particulars respecting them as the Chair directs, and shall provide the Chair with copies of those records and any other informa tion pertaining to the inspections and certifi cates that the Chair may require.

R.S., c. 6 (3rd Supp.), s. 35

61. Section 314.1 of the Act is replaced by the following:

Regulations for non-Safety Convention ships

314.1 The Governor in Council may make regulations to implement, in whole or in part, the provisions of the International Safety Management Code of the Safety Convention adopted by the International Maritime Orga nization on November 4, 1993, as amended from time to time, in respect of ships other than Safety Convention ships.

62. The Act is amended by adding the following after section 317:

Inspection by Others

Inspections by others

317.1 The Minister may authorize any person, classification society or other orga nization to conduct inspections under this Act, subject to this Act and such terms and conditions as may be specified by the Minister in the instrument of authorization.

Powers

317.2 A person, classification society or other organization authorized under section 317.1 to conduct inspections does not have the powers of a ship inspector, but may issue any certificate that may be issued by a ship inspector, other than an Exemption Certifi cate.

R.S., c. 6 (3rd Supp.), s. 38

63. Subsections 319(3) to (6) of the Act are replaced by the following;

Inspection outside Canada

(3) For the purposes of this section and subsection 318(2), the Chair may direct that a survey or inspection by a person appointed by the government of a country other than Canada, if made at a place outside Canada may, subject to the regulations, be deemed to have been made by a ship inspector, and the report of that person may be delivered to a ship inspector who is entitled to act on it and issue the appropriate inspection or Safety Convention certificates.

Chair or ship inspector not liable

(4) The Chair or a ship inspector is not liable to any person by reason only of having issued the appropriate certificate in reliance on a report referred to in subsection (3).

R.S., c. 6 (3rd Supp.), s. 39

64. Section 319.1 of the Act is repealed.

65. Paragraph 330(d) of the Act is re placed by the following:

    (d) if the ship is a cargo ship other than a nuclear ship and there has not been pro duced a certificate mentioned in paragraph (a)

      (i) a valid Cargo Ship Safety Radio Certificate, where the gross tonnage of the ship is three hundred tons or more, and

      (ii) a valid Cargo Ship Safety Construc tion Certificate and a valid Cargo Ship Safety Equipment Certificate, where the gross tonnage of the ship is five hundred tons or more,

    and, if one has been issued, a valid Exemp tion Certificate.

66. Section 336 of the Act is repealed.

67. (1) Paragraph 338(1)(a) of the French version of the Act is replaced by the following:

    a) la construction des coques, y compris leur compartimentage en compartiments étanches, et l'installation de doubles-fonds et de cloisons coupe-feu;

(2) Paragraph 338(1)(c) of the Act is replaced by the following:

    (c) the construction of equipment and the class and quantity of various types of equipment to be carried on vessels ;

    (c.1) the construction, servicing and repair of life-saving equipment intended to carry more than one person, including buoyant apparatus, life-boats and life-rafts, to be carried on vessels, the performance stan dards for that equipment and the markings required to appear on them so as to show their dimensions and the number of persons authorized to be carried on them;

    (c.2) the construction and servicing of flotation devices intended for the use of only one person to be carried on vessels, and performance standards for those devices;

(3) Subsection 338(1) of the Act is amended by adding the following after paragraph (l):

    (m) personal flotation devices to be carried and used on board vessels or classes of vessels, including regulations defining the expression ``personal flotation device'' and regulations specifying who must use those devices, and when they must be worn, while a vessel is in operation;

(4) Paragraph 338(1)(o) of the Act is replaced by the following:

    (o) the crewing of ships , the number of certificated life-boat crew to be carried and the qualifications for and the granting of certificates to life-boat crew ;

(5) Paragraph 338(1)(o) of the Act, as enacted by subsection 47(6) of An Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Preven tion Act and the Oil and Gas Production and Conservation Act in consequence thereof, being chapter 6 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is replaced by the following:

    (o) the crewing of ships ;

68. The Act is amended by adding the following after section 338:

Regulations - cargo and ballast

338.1 (1) The Governor in Council may make regulations respecting the manner in which cargo or ballast may be stowed, secured or carried on ships or classes of ships, the certificates that may be given in respect of compliance with regulations made under this section and the provisions for the safety of the crew that are to be made on ships carrying cargo or ballast.

Effect to be given to Convention

(2) The regulations made under subsection (1) shall contain such provisions as appear to the Governor in Council to be necessary for the purpose of giving effect to paragraph 2 of Article 6 of the Load Line Convention.

Punishment

(3) Regulations made under subsection (1) may provide for the recovery and disposition of fines.

69. (1) Subsection 339(1) of the Act is replaced by the following:

Regulations to implement Safety Convention

339. (1) The regulations that the Governor in Council may make under section 338 or 338.1 , in so far as they apply to Safety Convention ships, may include such require ments as appear to the Governor in Council to be necessary to implement the provisions of the Safety Convention.

(2) Paragraph 339(2)(a) of the French version of the Act is replaced by the following:

    a) d'une part, qu'un tel navire accomplis sant quelque voyage international et trans portant plus de douze passagers court un risque exceptionnel en raison des condi tions météorologiques et du trafic ;

70. Subsection 339.1(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (c) and by replacing paragraph (d) with the following:

    (d) Code for the Construction and Equip ment of Mobile Offshore Drilling Units (1989) ,

    (e) International Code for the Construction and Equipment of Ships Carrying Danger ous Chemicals in Bulk (1983),

    (f) International Code for the Safe Carriage of Grain in Bulk (1991),

    (g) Code of Safe Practice for Solid Bulk Cargoes (1979),

    (h) Code of Safe Practice for Ships Carrying Timber Deck Cargoes (1991),

    (i) Code of Safe Practice for Cargo Stowage and Securing (1991), and

    (j) International Maritime Dangerous Goods Code (1991),

R.S., c. 6 (3rd Supp.), s. 49

71. Section 339.2 of the Act is repealed.

R.S., c. 6 (3rd Supp.), s. 50

72. Sections 340 to 344 of the Act are replaced by the following:

Prohibition against operating without ship stations

340. (1) No person shall operate

    (a) a Canadian ship in any waters, or

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