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

Act current to 2024-02-06 and last amended on 2023-06-22. Previous Versions

PART 11Enforcement — Department of Transport (continued)

Inspections (continued)

Marginal note:Seizure

  •  (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.

Clearance

Marginal note:No departure without clearance

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

Marginal note:Granting clearance

 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.

Voyage with a Person on Board without Their Consent

Marginal note:Prohibition

 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.

Reporting of Alleged Contraventions

Marginal note:Reasonable grounds

  •  (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

  •  (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.

Marginal note:Prohibition

  •  (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.

Investigations

Marginal note:Investigations

  •  (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.

  • 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

  •  (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).

Analysis and Examination

Marginal note:Submission

  •  (1) A marine safety inspector may submit to a person designated by the Minister, for analysis or examination, anything seized or any sample taken under this Part.

  • Marginal note:Certificate or report

    (2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

  • Marginal note:Certificate

    (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to the contravention of a relevant provision and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Attendance of analyst

    (4) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

  • Marginal note:Notice

    (5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

Detention of Vessels

Marginal note:Optional detention

  •  (1) If a marine safety inspector believes on reasonable grounds that a contravention of a relevant provision has been committed by or in respect of a vessel or that the vessel is not seaworthy, the inspector may make a detention order in respect of the vessel.

  • Marginal note:Mandatory detention — unsafe vessels

    (2) The inspector must make a detention order if the contravention is a contravention of section 110 (too many passengers) or the inspector also believes on reasonable grounds that the vessel is unsafe, that it is unfit to carry passengers or crew members or that its machinery or equipment is defective in any way so as to expose persons on board to serious danger.

  • Marginal note:Mandatory detention — foreign vessels

    (3) If an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision that is alleged to have been committed by or in respect of a foreign vessel, a marine safety inspector must make a detention order in respect of the vessel.

  • Marginal note:Order to be in writing

    (4) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

  • Marginal note:Detention order to be served on master

    (5) Notice of a detention order made under this section in respect of a vessel must be served on the master

    • (a) by delivering a copy of the notice personally to the master; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

  • Marginal note:Contents of notice

    (6) The notice must

    • (a) indicate the measures to ensure compliance with the relevant provision or to render the vessel seaworthy that must be taken for the detention order to be rescinded;

    • (b) in the case of a foreign vessel, if an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the information, indictment or notice, must be deposited with the Minister for the detention order to be rescinded; and

    • (c) in the case of a Canadian vessel, if an indictment has been preferred in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.

  • Marginal note:Foreign state to be notified

    (7) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

  • Marginal note:Rescission of orders

    (8) A marine safety inspector must

    • (a) rescind a detention order made under this section if the inspector is satisfied that the measures indicated in the notice referred to in subsection (6) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister; and

    • (b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (4) of the rescission.

  • Marginal note:Duty of persons empowered to give clearance

    (9) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (8).

  • Marginal note:Movement of vessel prohibited

    (10) Subject to section 224, no person shall move a vessel that is subject to a detention order made under this section.

  • Marginal note:Liability for expenses

    (11) The authorized representative and the owner of a vessel that is detained under this section are jointly and severally, or solidarily, liable for all expenses incurred in respect of the detained vessel.

  • Marginal note:Return of security

    (12) The Minister, after proceedings in respect of which security was deposited are concluded,

    • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine or penalty has not been paid; and

    • (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine or penalty imposed have been paid.

Marginal note:Interference with service

 No person shall wilfully interfere with the service of a notice of a detention order.

Marginal note:Direction to move a detained vessel

 The Minister may

  • (a) on application made by the authorized representative of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister;

  • (b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and

  • (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative and the owner of the vessel, for which the authorized representative and the owner are jointly and severally, or solidarily, liable for the expense of moving the vessel.

Sale of Vessels

Marginal note:Distress on vessel for sums ordered to be paid

 A court, justice of the peace or provincial court judge that orders the authorized representative of a vessel to pay any fine, crew member’s wages or other sum of money may, if payment is not made in accordance with the order, order the seizure and sale of the vessel or its machinery or equipment.

  •  (1) [Repealed, 2019, c. 1, s. 148]

  • Marginal note:Vessel may be seized and sold if fine or penalty not paid

    (2) At any time after a fine is imposed under a relevant provision against, or a certificate is registered in the Federal Court under subsection 235(2) in respect of, a vessel, its authorized representative or its owner, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative or owner, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.

  • Marginal note:Proceeds of sale

    (3) Any surplus remaining from the proceeds of a sale is to be distributed in accordance with the regulations after satisfying the following claims in the following order:

    • (a) the cost of the seizure and sale;

    • (b) any claim for salvage in respect of the vessel;

    • (c) the claims of masters and crew members for wages;

    • (c.1) the claims of masters for disbursements made or liabilities incurred for necessaries on account of the vessel;

    • (d) the amount of any fine imposed or debt due under a relevant provision; and

    • (e) the cost of returning masters and crew members to the place where they first came on board or to another place to which they and the Minister have agreed.

  • Marginal note:If proceeds insufficient

    (4) If the proceeds of sale of a vessel are insufficient to satisfy the claims described in subsection (3), the Minister may proceed for the balance owing against

    • (a) the authorized representative and the owner, jointly and severally, or solidarily, in the case of a Canadian vessel; and

    • (b) the owner, in the case of a foreign vessel.

 

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