Budget Implementation Act, 2009 (S.C. 2009, c. 2)
Full Document:
Assented to 2009-03-12
331. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Notice and indication of obstruction or obstacle
15. (1) If the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous by the wrecking, sinking, partial sinking, lying ashore or grounding of any vessel or part of one or by any other thing, the owner, master or person in charge of the vessel or thing by which any obstruction or obstacle is caused shall
332. Section 16 of the Act is replaced by the following:
Marginal note:Minister’s powers
16. The Minister may cause any wreck, vessel or part of a vessel resulting from the wrecking, sinking, partial sinking, lying ashore or grounding of a vessel, or may cause any other thing, to be secured, removed or destroyed in the manner that the Minister considers appropriate if, in the Minister’s opinion,
(a) the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous for more than 24 hours by the wreck, vessel, part of a vessel or thing;
(b) the wreck, vessel, part of a vessel or thing has been in a position for more than 24 hours that is likely to obstruct, impede or render more difficult or dangerous the navigation of any such navigable water; or
(c) the wreck, vessel, part of a vessel or thing is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and has been an obstruction or obstacle, for more than 24 hours, to the use of that property as may be required for the public purposes of Canada.
333. Subsection 17(1) of the Act is replaced by the following:
Marginal note:Conveyance from site and sale
17. (1) The Minister may cause the vessel referred to in section 16 or its cargo, or any other thing causing or forming part of the obstruction or obstacle to be conveyed to the place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction or obstacle, or in securing, removing, destroying or selling the vessel, cargo or thing.
334. Subsection 18(1) of the Act is replaced by the following:
Marginal note:Costs constituting debt
18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt to which subsection (2) applies if the costs have been defrayed out of the public moneys of Canada.
335. Sections 19 and 20 of the Act are replaced by the following:
Marginal note:Order to remove vessel left anchored
19. (1) If a vessel has been left anchored, moored or adrift in any navigable water so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the owner, managing owner, master or person in charge of the vessel to secure it or remove it to a place that the Minister considers appropriate.
Marginal note:Failure to comply with order
(2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may order the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable against the person as a debt due to Her Majesty.
Marginal note:Not a statutory instrument
(3) For greater certainty, an order given under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.
Marginal note:Abandoned vessel
20. If any vessel or other thing is wrecked, sunk, partially sunk, lying ashore or grounded in any navigable water in Canada, the vessel, part of the vessel, its cargo or thing is deemed to be abandoned on the day that is two years from the day of the casualty. On or after that later day the Minister may, under the restrictions that the Minister considers appropriate, authorize any person to take possession of and remove the vessel, part of the vessel or thing for that person’s own benefit, on giving to the owner, if known, one month’s notice, or if the owner is unknown, public notice for the same period in a local newspaper published in or near to the location of the vessel or thing.
Marginal note:R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitems 9(2) and (3))
336. Sections 26 to 28 of the Act are repealed.
337. Section 29 of the Act and the heading “Interpretation” before it are repealed.
338. Section 30 of the Act is renumbered as subsection 30(1) and is amended by adding the following:
Marginal note:Incorporation by reference
(2) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.
Marginal note:Incorporated material not a regulation
(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.
339. Section 31 of the Act is repealed.
340. The Act is amended by adding the following after section 32:
PART IVADMINISTRATION AND ENFORCEMENT
Designation
Marginal note:Designation
33. For the purposes of the administration and enforcement of this Act and any regulation or order, the Minister may designate persons or classes of persons to exercise powers in relation to any matter referred to in the designation.
Powers
Marginal note:Authority to enter
34. (1) A person who is designated to verify compliance or prevent non-compliance with this Act and any regulation or order may, for that purpose, at any reasonable time, enter a work, vessel or swing or draw bridge, or enter any other place in which they have reasonable grounds to believe the following items are located:
(a) a work or anything related to a work;
(b) a wreck, vessel, part of a vessel or other thing that obstructs or impedes navigation or renders it more difficult or dangerous, or that is likely to do so;
(c) a ferry cable or swing or draw bridge, or anything related to one.
Marginal note:Certification
(2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.
Marginal note:Powers
(3) The designated person may, for the purposes referred to in subsection (1),
(a) examine anything that is found in the place;
(b) remove any document or other thing from the place for examination or, in the case of a document, copying;
(c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;
(d) prohibit or limit access to the place for as long as specified;
(e) take photographs and make video recordings and sketches;
(f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
(g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and
(h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Marginal note:Entry — private property
(4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.
Marginal note:Duty to assist
35. The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall
(a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and
(b) provide them with any information that they may reasonably require.
Marginal note:Warrant for dwelling-house
36. (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).
Marginal note:Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing the person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place referred to in subsection 34(1);
(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the Act and any regulation or order; and
(c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant.
Prohibitions
Marginal note:False statements or information
37. (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.
Marginal note:Obstruction
(2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34.
Injunction
Marginal note:Injunction
38. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering a person named in the application
(a) to refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or
(b) to do an act that, in the opinion of the court, may prevent the commission of the offence.
Marginal note:Notice
(2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest.
Immunity
Marginal note:Not personally liable
39. (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, are not personally liable for anything they do or omit to do in good faith under this Act.
Marginal note:Crown not relieved
(2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.
Offences and Punishment
Marginal note:Offence
40. (1) Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person contravenes
(a) an order given under subsection 4(3), paragraph 6(1)(a) or (c) or subsection 19(1);
(b) an interim order made under section 13.1 or 32;
(c) an order or regulation made under section 12 or 30; or
(d) subsection 15(1) or section 21, 22, 35 or subsection 37(1) or (2).
Marginal note:Vessel liable for fine
(2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.
Marginal note:Continuing offence
(3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.
PART VREVIEW
Marginal note:Review of Act
41. (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.
Marginal note:Tabling of report
(2) The Minister shall cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.
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