Marginal note:Seizure of ship and cargo

• 23. (1) Where a pollution prevention officer suspects on reasonable grounds that

  • (a) any provision of this Act or the regulations has been contravened by a ship, or

  • (b) the owner of a ship or the owner of all or part of the cargo thereof has committed an offence under paragraph 19(1)(b),

  the officer may, with the consent of the Governor in Council, seize the ship and its cargo anywhere in the arctic waters or elsewhere in the territorial sea or internal or inland waters of Canada.

• Marginal note:Custody

  (2) Subject to subsection (3) and sections 24 to 26, a ship and cargo seized under subsection (1) shall be retained in the custody of the pollution prevention officer making the seizure or shall be delivered into the custody of such person as the Governor in Council directs.

• Marginal note:Perishable goods

  (3) Where all or any part of a cargo seized under subsection (1) is perishable, the pollution prevention officer or other person having custody of it may sell the cargo or the perishable portion, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank, or an authorized foreign bank within the meaning of section 2 of the Bank Act, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of its business in Canada, to the credit of the Receiver General.

Marginal note:Court may order forfeiture

• 24. (1) Where a ship is convicted of an offence under this Act, or where the owner of a ship or an owner of all or part of the cargo thereof is convicted of an offence under paragraph 19(1)(b), the convicting court may, if the ship and its cargo were seized under subsection 23(1), in addition to any other penalty imposed, order that the ship and cargo or the ship or its cargo or any part thereof be forfeited and, on the making of the order, the ship and cargo or the ship or its cargo or part thereof are or is forfeited to Her Majesty in right of Canada.

• Marginal note:Forfeiture of proceeds of sale

  (2) Where any cargo or part thereof that is ordered to be forfeited under subsection (1) has been sold under subsection 23(3), the proceeds of the sale are, on the making of that order, forfeited to Her Majesty in right of Canada.

Marginal note:Redelivery of ship and cargo on bond

• 25. (1) Where a ship and cargo have been seized under subsection 23(1) and proceedings that could result in an order that the ship and cargo be forfeited have been instituted, the court in or before which the proceedings have been instituted may, with the consent of the Governor in Council, order redelivery of the ship and cargo, to the person from whom they were seized, on the giving of security to Her Majesty in right of Canada by bond, with two sureties, in an amount and form satisfactory to the Governor in Council.

• Marginal note:Seized ship, etc., to be returned unless proceedings instituted

  (2) Any ship and cargo seized under subsection 23(1) or the proceeds realized from a sale of any perishable cargo under subsection 23(3) shall be returned or paid to the person from whom the ship and cargo were seized within thirty days from the seizure thereof unless, prior to the expiration of the thirty days, proceedings are instituted in respect of an offence alleged to have been committed by the ship against this Act or in respect of an offence under paragraph 19(1)(b) alleged to have been committed by the owner of the ship or an owner of all or part of the cargo thereof.

• Marginal note:Return if no forfeiture ordered

  (3) Where a ship and cargo have been seized under subsection 23(1) and proceedings referred to in subsection (2) have been instituted, but the ship and cargo or ship or cargo or part thereof or any proceeds realized from the sale of the cargo or any part thereof are not at the final conclusion of the proceedings ordered to be forfeited, they or it shall, subject to subsection (4), be returned or the proceeds shall be paid to the person from whom the ship and cargo were seized.

• Marginal note:Exception in case of conviction and fine

  (4) Where the proceedings referred to in subsection (3) result in a conviction and a fine is imposed,

  • (a) the ship and cargo or proceeds may be detained until the fine is paid;

  • (b) the ship and cargo may be sold under execution in satisfaction of the fine; or

  • (c) the proceeds realized from a sale of the cargo or any part thereof may be applied in payment of the fine.