Defending Small Vessel Regulation Charges Laid pursuant to the Canada Shipping Act,, 2001, SC 2001, c 26

Question: What are the consequences of violating the Canada Shipping Act, RSC 1985, c S-9 and Small Vessel Regulations in Canadian waters?

Answer: The Canada Shipping Act, RSC 1985, c S-9 and Small Vessel Regulations impose penalties for offences ranging from minor infractions, like failing to display navigation lights, to serious violations such as operating a vessel while impaired. Penalties can include fines, imprisonment, or a ban on operating a vessel. Since laws and penalties may vary provincially, it’s crucial to stay informed of current regulations. For personalized guidance, reach out to DefendCharges.ca for a free consultation.

The Canada Shipping Act (CSA) and Small Vessel Regulations (SVR): An Overview of Offences and Penalties

The Canada Shipping Act, RSC 1985, c S-9, (CSA) and Small Vessel Regulations, SOR/2010-91 (SVR) are two important pieces of legislation that govern the operation of vessels in Canadian waters. The CSA and SVR set out the rules and regulations that must be followed when operating a vessel, and also provide for various offences and penalties that can be imposed upon conviction.The CSA and SVR are administered by the Minister of Transport  and enforced by local police forces, Ontario Provincial Police and Marine Units of either of the former.  Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

Legilsative Purpose

The purpose of this Act and its Regulations :

(a) protect the health and well-being of individuals, including the crews of vessels, who participate in marine transportation and commerce;
(b) promote safety in marine transportation and recreational boating;
(c) protect the marine environment from damage due to navigation and shipping activities;
(d) develop a regulatory scheme that encourages viable, effective and economical marine transportation and commerce;
(e) promote an efficient marine transportation system;
(f) develop a regulatory scheme that encourages the viable, effective and economical use of Canadian waters by recreational boaters;
(g) ensure that Canada can meet its international obligations under bilateral and multilateral agreements with respect to navigation and shipping;
(h) encourage the harmonization of marine practices; and
(i) establish an effective inspection and enforcement program.

Small vessels that are equipped or designed to be equipped with a motor (including pleasure craft up to 24 m or 78'9”) and operated in Canada must comply with Part 7 of the Small Vessel Regulations and Transport Canada's Construction Standards for Small Vessels (TP 1332E).

Classification of Offences

The CSA and SVR provide for a variety of offences, ranging from minor violations to more serious offences. Minor violations are generally considered to be less serious and may include things such as failing to display navigation lights or failing to maintain a proper lookout. These offences are typically punishable by fines or a short period of detention. More serious offences under the CSA and SVR include operating a vessel while impaired, operating a vessel in a careless or reckless manner, or operating a vessel without the proper qualifications or authorization.

Potential Penalties

These offences can result in more serious penalties, such as imprisonment, fines, or a permanent ban from operating a vessel. In addition to the offences and penalties outlined in the CSA and SVR, there are also several other offences and penalties that may be imposed by provincial or territorial governments. For example, in Ontario, there are additional offences and penalties related to the operation of vessels in provincial waters, such as operating a vessel without a valid licence or operating a vessel in a manner that is deemed to be unsafe. It is important to note that the offences and penalties outlined in the CSA and SVR are subject to change, and may vary from province to province. It is therefore important to consult with a lawyer who specializes in the CSA and SVR to ensure that you are aware of the current laws and regulations in your jurisdiction.

Summary Comment

In conclusion, the CSA and SVR provide for a variety of offences and penalties that can be imposed upon conviction. It is important to be aware of the current laws and regulations in your jurisdiction in order to ensure that you are operating your vessel safely and in compliance with the law.About the Canada Shipping Act and Small Vessel Regulations