Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Seizure

• 212. (1) During an inspection, a marine safety inspector may seize and detain anything

  • (a) by means of which or in relation to which the inspector believes on reasonable grounds that a relevant provision has been contravened; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of a relevant provision.

• Marginal note:Storage or removal

  (2) An inspector may direct the person in charge of the place where something was seized to store it in that place or may remove it to any other place.

• Marginal note:Return of things or forfeiture

  (3) Any thing seized must be returned as soon as feasible after it is no longer needed for any proceedings unless it cannot be brought into compliance with the relevant provisions and the Minister directs that it not be returned, in which case it is forfeited to Her Majesty in right of Canada after it is no longer needed for any proceedings and may be disposed of at the expense of the person from whom it was seized.

Marginal note:No departure without clearance

213. Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.

Marginal note:Granting clearance

214. Any person who is authorized under an Act of Parliament to grant clearance of a vessel at a port in Canada is not to grant it unless satisfied that the master has all of the documents required under this Act for the clearance.

Marginal note:Prohibition

215. No master shall proceed on a voyage with a person on board who is exercising powers or performing duties relating to the administration or enforcement of a relevant provision unless the person consents.

Marginal note:Reasonable grounds

• 216. (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a relevant provision may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

• Marginal note:Confidentiality

  (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Marginal note:Inspection

• 217. (1) On being notified under subsection 216(1), the Minister is to determine whether an inspection should be carried out by a marine safety inspector.

• Marginal note:Costs

  (2) If a marine safety inspector determines that the individual who notified the Minister did not have reasonable grounds to believe that a person or vessel had contravened or had intended to contravene a relevant provision, the individual is liable to pay the costs of the inspection.