Canada Marine Act

Marginal note:Notice of detention order to be served on master

• 116 (1) Where a detention order under subsection 115(1) or (2) is made in respect of a ship, notice of the order shall be served on the master of the ship

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

  • (b) if personal service is not reasonably practicable,

    • (i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or

    • (ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.

• Marginal note:Offence to depart while under detention

  (2) Where notice of a detention order in respect of a ship is served under subsection (1) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from the port in which it is detained, the master or owner, as the case may be, is guilty of an offence.

• Marginal note:Duty of persons authorized to give clearance

  (3) Subject to subsection (4), no person to whom a detention order is addressed in accordance with subsection 115(4) shall, after receipt of the order, give clearance in respect of the ship to which the order relates.

• Marginal note:When clearance shall be given

  (4) A person to whom a detention order is addressed in accordance with subsection 115(4) and who has received the order shall give clearance in respect of the ship to which the order relates if the person believes on reasonable grounds that

  • (a) security in the amount of $100,000 has been given to, and has been determined satisfactory by, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be;

  • (a.1) the ship has not been charged with an offence under this Act within 30 days after the making of the detention order;

  • (b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and

    • (i) security satisfactory to the Minister of not more than $5,000 is given to Her Majesty in right of Canada, or

    • (ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued;

  • (c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be;

  • (d) an amount is claimed against the ship for damages referred to in paragraph 115(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, and of a kind satisfactory to them; or

  • (e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 115(1)(c).

• Marginal note:Court may determine amount of security

  (5) Where the owner or master of a ship disputes the amount of security demanded under paragraph (4)(c) or (d), the owner may apply to a court to determine the amount of security.