communication with such a person, the ship may enter, leave or proceed within a traffic control zone if
(a) the master or person in charge of the ship takes all reasonable measures to communicate with such a person as soon as possible after entering, leaving or proceeding; and
(b) in the case of a failure of the ship's radio equipment, the master or person in charge of the ship reports the failure as soon as is feasible after entering, leaving or proceeding.
50. (1) Subject to subsection (2), a person or ship is guilty of an offence and liable to a fine of not more than $5,000 where the offence is committed in respect of a ship of twenty metres in length or less, or to a fine of not more than $50,000 where the offence is committed in respect of a ship exceeding twenty metres in length, if the person or ship
(a) does not follow the practices and procedures established by a port authority under paragraph 47(1)(b) or have the capacity to use the radio frequencies specified by the port authority under that paragraph;
(b) does not do what a person designated under subsection 49(1) requires the person or the ship to do under that subsection;
(c) fails to comply with subsection 49(3) or (4); or
(d) knowingly makes a false or misleading statement, either orally or in writing, to a person designated under subsection 49(1).
(2) It is a defence to a charge under subsection (1) that the master, pilot, person in charge of the deck watch or other person in charge of the ship
(a) had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property; and
(b) in the case of a charge under paragraph (1)(b), had notified the person designated under subsection 49(1) of the non-compliance and of the reasons for it as soon as possible after it took place.
(3) Where a ship is prosecuted for an offence under this section, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any person on board the ship, whether or not the person on board has been identified.
51. For greater certainty, Canadian warships or naval auxiliary ships, ships of a visiting force within the meaning of the Visiting Forces Act and any other ships while they are under the command of the Royal Canadian Mounted Police have access to Canadian ports.
Regulations
52. (1) For the purposes of this Part, the Governor in Council may make regulations respecting
(a) the navigation and use by ships of the navigable waters within the jurisdiction of a port authority, including the mooring, berthing, loading and unloading of ships;
(b) the use and environmental protection of a port under the jurisdiction of a port authority, including the regulation or prohibition of works and operations;
(c) the maintenance of order and the safety of persons and property in a port;
(d) the regulation of persons, vehicles or aircraft in a port;
(e) the regulation or prohibition of the excavation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a port or to affect any of the lands adjacent to a port; and
(f) the regulation or prohibition of the transportation, handling or storing, in a port, of explosives or other substances that, in the opinion of the Governor in Council, constitute or are likely to constitute a danger or hazard to life or property.
