Marginal note:2005, c. 29, s. 32
72. The definition “relevant provision” in section 210 of the Act is replaced by the following:
« disposition visée »
“relevant provision” means a provision of this Act or the regulations that the Minister is responsible for administering, other than
(a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to Part 7 (Wreck) or 10 (Pleasure Craft); and
(b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels.
73. (1) Subsection 211(2) of the Act is replaced by the following:
Marginal note:Living quarters
(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.
Marginal note:Authority to issue warrant
(2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
(a) is necessary for any purpose related to the administration of a relevant provision of Part 8; and
(b) has been refused or there are reasonable grounds for believing that it will be refused.
Marginal note:Use of force
(2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
(2) Paragraph 211(4)(a) of the Act is replaced by the following:
(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;
(3) Paragraph 211(4)(e) of the Act is replaced by the following:
(d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;
(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;
74. Section 228 of the Act is replaced by the following:
Definition of “violation”
228. In sections 229 to 244, “violation” means a contravention of a relevant provision, or a contravention of a direction given under a relevant provision, that is designated as a violation by the regulations made under this Part.
75. (1) Paragraph 244(f) of the Act is replaced by the following:
(f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision, or the contravention of a direction given under a relevant provision, that is an offence under this Act;
(2) Section 244 of the Act is amended by adding the following after paragraph (h):
(i) respecting emergency and safety procedures for the purpose of paragraph 211(4)(d.1);
Marginal note:2005, c. 29, s. 33
76. Subsection 252(1) of the Act is replaced by the following:
Marginal note:Proof of offence
252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act or a pollution response officer, whether or not the person on board has been identified.
77. Section 268.1 of the Act is replaced by the following:
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
1992, c. 31Consequential Amendment to the Coasting Trade Act
Marginal note:2001, c. 26, s. 290
(e) engaged, with the approval of a person designated as a pollution response officer under section 174.1 of the Canada Shipping Act, 2001, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.
Coming into Force
Marginal note:Order in council
79. Sections 60 to 62 and 69 and subsections 70(1) to (3) and 71(2) and (4) come into force on a day or days to be fixed by order of the Governor in Council.
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