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

Marginal note:Prohibition

• 218. (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

  • (a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to the Minister that the employer or any other person had contravened or had intended to contravene a relevant provision;

  • (b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is a contravention of a relevant provision;

  • (c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention of doing anything that is required to be done in order that a contravention of a relevant provision not be committed; or

  • (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

• Marginal note:Saving

  (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

• Marginal note:Definitions

  (3) In this section, “employee” includes an independent contractor and “employer” has a corresponding meaning.

Marginal note:Investigations

• 219. (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision.

• Marginal note:Limitation

  (2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of a shipping casualty that has been or is being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.

• Marginal note:Definition of “shipping casualty”

  (3) In this section, “shipping casualty” means

  • (a) any accident or incident associated with a vessel; and

  • (b) any situation or condition that the Minister has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).

Marginal note:Search and seizure without warrant

• 220. (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the contravention of a relevant provision but by reason of exigent circumstances it would not be feasible to obtain one, a marine safety inspector may exercise the powers of search and seizure provided in that section without a warrant.

• Marginal note:Living quarters

  (2) A marine safety inspector may not search living quarters without a warrant unless the inspector first obtains the consent of the occupant.

• Marginal note:Additional powers

  (3) In the course of a search under subsection (1) or section 487 of the Criminal Code, a marine safety inspector has all the powers referred to in subsection 211(4) (inspections).