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ARTICLE · 29 SEPTEMBER 2020

Transport Canada Marine Incident Reporting Obligations And Rights

Borden Ladner Gervais LLP
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This article provides general guidance on the rights and requirements for reporting to Transport Canada in the event of a shipping casualty, and responding to Transport...

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This article provides general guidance on the rights and requirements for reporting to Transport Canada in the event of a shipping casualty, and responding to Transport Canada's request for a shipboard inspection. Readers are cautioned that each event is unique, and the extent to which any aspect of the below applies depends on the circumstances.

Requirements for reporting an incident to government authorities

The Canada Shipping Act1 (the CSA) applies to all Canadian ships in any waters, and foreign ships in Canadian waters,2 excluding military vessels.3 Where a ship, whether proceeding under its own power or being towed, is involved in a casualty or other dangerous occurrence, the master or any other member of the crew, operator, pilot, or person responsible for the ship must report the incident without delay.4 This report should be submitted to a Canadian ship reporting station via radio.5

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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