Bill C-73

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First Reading

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	(b) a ship in
	(i) Canadian waters,
	(ii) the fishing zones of Canada pre scribed under the Territorial Sea and Fishing Zones Act, or
	(iii) the shipping safety control zones prescribed under the Arctic Waters Pollu tion Prevention Act,
	unless the ship is fitted with a ship station that meets the requirements of any regulation made under section 342 or the ship has been exempted from the requirements of those reg ulations.
Offence and punishment	(2) Every person who contravenes subsec tion (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months or to both.
Prohibition against proceeding to sea	341. (1) No ship shall proceed on a voyage unless there is in force in respect of that ship
	(a) the radio certificate required by regula tions made under section 342 ; and
	(b) if the ship has been exempted from any of the provisions of the regulations relating to radio, an Exemption Certificate issued pursuant to regulations made under section 342 that by its terms is applicable to the voyage on which the ship is about to proceed.
Offence and punishment	(2) Every ship that contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 .
Regulations	342. (1) The Governor in Council may make regulations respecting
	(a) the ship stations to be fitted on ships;
	(b) the radio equipment to be carried on ships;
	(c) the type, characteristics, standards and installation of radio equipment on ships;
	(d) the maintenance, use and operation of radio equipment on ships;
	(e) the keeping of records in respect of radio equipment on ships and its maintenance, use and operation;
	(f) the inspection and certification of ship stations;
	(g) the number and qualifications of persons who operate and maintain radio equipment on ships;
	(h) radio watches on ships; and
	(i) the effective carrying out of the provi sions of this Act, and those of any interna tional instruments, relating to radio.
Regulations to implement Safety Convention, etc.	(2) The regulations made under subsection (1) shall include such requirements as appear to the Governor in Council to be necessary to implement the provisions of the Safety Con vention, the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and the International Radio Regulations, set out in the International Tele communication Convention, that relate to radio, as amended from time to time, except in so far as those provisions are otherwise implemented by this Act.
	73. (1) Subsection 348(1) of the Act is replaced by the following:
Issue of Cargo Ship Safety Radio Certificate	348. (1) Where a radio inspector has inspected a Canadian Safety Convention ship that is a cargo ship, other than a nuclear ship, and the inspector is satisfied that it meets the requirements of this Act and the regulations relating to radio, the inspector shall issue in respect of the ship a Cargo Ship Safety Radio Certificate.
	(2) Subsection 348(3) of the Act is re placed by the following:
Issue of Radio Inspection Certificate	(3) Where a radio inspector has inspected a ship that does not ply on international voyages and the inspector is satisfied that it meets the requirements of this Act and the regulations relating to radio, the inspector shall issue a Radio Inspection Certificate in respect of the ship.
	74. Sections 349 to 351 of the Act are replaced by the following:
Inspection of ship	349. (1) A radio inspector may inspect a ship for the purpose of determining whether the radio equipment and the number of certified operators carried on the ship to operate the radio equipment correspond sub stantially with the particulars stated in the appropriate certificate in respect of the ship issued under section 318 or 348.
Notice of deficiency	(2) Where it appears to a radio inspector that a ship cannot proceed to sea without danger to the passengers or crew owing to the fact that its radio equipment or the number of persons to operate that radio equipment does not correspond substantially with the particu lars stated in the appropriate certificate in respect of the ship issued under section 318 or 348 , the inspector shall give to the master notice in writing pointing out the deficiency and also pointing out what, in the opinion of the inspector , is required to remedy the deficiency.
Notice to senior customs officer	(3) Every notice given under subsection (2) shall be communicated in the manner set out in the regulations to the senior customs officer of any port at which the ship may seek to obtain a clearance and to the consular officer for the country to which the ship belongs at or nearest to the port where the ship is for the time being, and a clearance shall not be granted to the ship, and the ship shall be detained, until the appropriate certificate in respect of the ship issued under section 318 or 348 is produced to the effect that the deficien cy has been remedied.
Posting of certificates	350. (1) The owner or master of a ship in respect of which a radio certificate has been issued shall cause that certificate to be posted on the ship in a conspicuous place accessible to all persons on board and to remain so posted for so long as the certificate is in force and the ship is in use.
Extension not exceeding five months	(2) Where a Canadian ship in respect of which a radio certificate has been issued is absent from Canada at the date when the certificate expires, the Minister or any person authorized by the Minister for the purpose may, if it appears proper and reasonable to do so, grant such an extension of the certificate as will allow the ship to return to Canada, but no extension has effect for a period exceeding five months from that date.
Extension not exceeding one month	(3) A radio certificate that has not been extended under subsection (2) may be ex tended by the Minister or any person autho rized by the Minister for the purpose for a period not exceeding one month after the date on which it would otherwise expire.
	Radiocommunications
Control of station	351. (1) The operation of the ship station on a ship shall be under the control of the master of the ship .
Secrecy of messages	(2) No person shall deliver or divulge the contents of a message received by a ship station to any person except the addressee, the accredited agent of the addressee , a properly authorized person who is essential for the forwarding of the message to the addressee or a properly authorized official of the Govern ment of Canada or a competent legal tribunal.
Right of master to censor messages	(3) Notwithstanding subsection (2) , the master of a ship has the right to censor all messages addressed to or transmitted by the ship station on the ship .
Use of message prohibited	(4) No person, other than the person to whom the message is addressed, shall make any use of a message received by a ship station, other than a message of distress, urgency or safety.
Offence and punishment	(5) Every person who contravenes subsec tion (2) or (4) is guilty of an offence and liable on summary conviction to a fine not exceed ing $5,000 and to imprisonment for a term not exceeding six months or to both.
	75. Subsection 370(3) of the Act is re placed by the following:
Effect of certificates issued by foreign countries	(3) Where the Minister certifies
	(a) that by the law in force in any foreign country provision has been made for the fixing, marking and certifying of load lines on ships, or any class or description of ships, registered in that country and has also been so made, or has been agreed to be so made, for recognizing Load Line Convention Certificates issued in Canada as having the same effect in ports of that country as certificates issued under that provision, and
	(b) that the provision for the fixing, marking and certifying of load lines is based on the same principles as the corresponding provi sions of this Part and is equally effective,
	the Governor in Council may direct that Load Line Certificates issued pursuant to that provi sion in respect of ships, or that class or descrip tion of ships, of that foreign country, as the case may be, have the same effect for the pur pose of this Part as Special Load Line Certifi cates issued in Canada pursuant to this section.
R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitem 13(2))	76. Section 373 of the Act and the heading before it are replaced by the following:
	Load Line Ship Requirements
R.S., c. 6 (3rd Supp.), s. 54(1)	77. (1) Paragraph 375(2)(a) of the Act is replaced by the following:
	(a) to carry out and give effect to the International Convention on Load Lines, 1966, signed at London on April 5, 1966, as amended in London on October 12, 1971, November 12, 1975 and November 15, 1979, including any amendments, whenev er made, to the Annexes to that Convention;
Regulations valid	(2) Every regulation made before the coming into force of subsection (1) that purports to carry out and give effect to the International Convention on Load Lines, 1966, as amended in London on November 12, 1975, is deemed to be a regulation that is validly made.
R.S., c. 6 (3rd Supp.), s. 54(2)	(3) Subsections 375(2.1) and (2.2) of the Act are repealed.
	78. The Act is amended by adding the following after section 379:
	Special Purpose Ships and Special Purpose Personnel
Regulations	379.1 The Minister may make regulations respecting
	(a) the designation of ships or classes of ships as special purpose ships;
	(b) the operation of special purpose ships;
	(c) the designation of persons or classes of persons as special purpose personnel on special purpose ships; and
	(d) the function, role and activities of special purpose personnel on board special purpose ships.
	79. (1) Subsection 384(1) of the Act is replaced by the following:
Answering distress signal	384. (1) The master of a Canadian ship at sea, on receiving from any source a signal, message, call or radiogram of any kind that any person , ship, aircraft or survival craft is in distress, shall proceed with all speed to the assistance of the person or persons in distress, informing them if possible that he or she is doing so, but if the master is unable or, in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to be of assistance, he or she shall enter in the official log-book of the ship the reason for failing to proceed to be of assistance.
	(2) Subsection 384(5) of the Act is re placed by the following:
Offence and punishment	(5) Every master of a Canadian ship who contravenes this section is guilty of an offence and is liable
	(a) on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding six months or to both; or
	(b) on conviction on indictment , to a fine not exceeding $1,000,000 or to imprison ment for a term not exceeding one year or to both.
	80. The Act is amended by adding the following after section 384:
Fraudulent distress signals	384.1 Every person who knowingly sends, transmits or causes to be sent or transmitted, by any means, a false or fraudulent distress signal, message, call or radiogram of any kind from or purporting to be on behalf of a ship is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year or to both.
Liability for costs	384.2 (1) Every person who knowingly sends, transmits or causes to be sent or transmitted, by any means, a false or fraudu lent distress signal, message, call or radio gram of any kind from, to or purporting to be on behalf of a ship is liable for the costs and expenses incurred by Her Majesty in right of Canada in respect of measures taken in response.
Admiralty Court has jurisdiction	(2) All claims pursuant to subsection (1) may be sued for and recovered in the Admiral ty Court.
	81. Subsections 385(1) to (3) of the Act are replaced by the following:
Minister may designate rescue coordinators	385. (1) The Minister may designate any person, either by name or title of office , as a rescue coordinator to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada.
Power of rescue coordinators	(2) On being informed that a person, a vessel, an aircraft or a survival craft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate distress, a rescue coordinator may
	(a) order all vessels within an area specified by the rescue coordinator to report their positions to the rescue coordinator ;
	(b) order any vessel to take part in a search for the person , vessel, aircraft or survival craft in distress or to otherwise render assistance; and
	(c) give such other orders as the rescue coordinator considers necessary to carry out search and rescue operations for that person , vessel, aircraft or survival craft.
Offence and punishment	(3) Every master or person in charge of a vessel in Canadian waters or a Canadian vessel on the high seas off the coasts of Canada who fails to comply with an order given by a rescue coordinator or a person acting under the direction of a rescue coordinator is guilty of an offence and liable
	(a) on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding six months or to both; or
	(b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprison ment for a term not exceeding one year or to both.
	82. The Act is amended by adding the following after section 388:
Dangerous or careless operation of vessel	388.1 (1) No person shall operate a vessel in
	(a) Canadian waters,
	(b) the fishing zones of Canada prescribed under the Territorial Sea and Fishing Zones Act, or
	(c) the shipping safety control zones pre scribed under the Arctic Waters Pollution Prevention Act,
	in a manner that is dangerous to any person, structure or other vessel or that materially deviates from the standards of care that a rea sonably prudent person would use, having re gard to all the circumstances, including the na ture and condition of those waters and the use that at the time is or might reasonably be ex pected to be made of those waters.
Offence and punishment	(2) Every person who contravenes this section is guilty of an offence punishable on summary conviction and is liable
	(a) in the case of a vessel not in excess of fifteen tons gross tonnage, to a fine not exceeding $100,000; and
	(b) in the case of a vessel in excess of fifteen tons gross tonnage, to a fine not exceeding $250,000.
Operating unfit vessel	388.2 (1) No person shall operate a vessel in any waters referred to in section 388.1 that is unfit to be used, or unfit for the purpose for which it is used, by reason of its design or condition, the condition or lack of any equip ment on board or the age or training of any member of its crew.
Offence and punishment	(2) Every person who contravenes this section is guilty of an offence punishable on summary conviction and is liable
	(a) in the case of a vessel not in excess of fifteen tons gross tonnage, to a fine not exceeding $100,000; and

Bill C-73

Radiocommunications

Load Line Ship Requirements

Special Purpose Ships and Special Purpose Personnel