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

Assented to 2001-11-01

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.

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.

Marginal note:Abandoned vessels
  •  (1) The Minister may sell a vessel that is deemed abandoned under the regulations and may, by bill of sale, give the purchaser a valid title to it free from any mortgage or other claim on the vessel that exists at the time of the sale.

  • 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 registered under subsection 235(2) (registration in Federal Court) in respect of, a vessel or its authorized representative, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative, 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, in the case of a Canadian vessel; and

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

Foreign Vessels in Contravention of International Conventions

Marginal note:Minister’s powers
  •  (1) If the Minister has reasonable grounds to believe that a foreign vessel is in contravention of an international convention or protocol listed in Schedule 1, the Minister may

    • (a) if the vessel has not entered Canadian waters, direct the vessel not to enter Canadian waters;

    • (b) if the vessel has entered Canadian waters but is not in a port in Canada, direct the vessel to leave Canadian waters; and

    • (c) if the vessel is in a port in Canada, direct the vessel to leave Canadian waters, subject to any terms and conditions that the Minister may specify.

  • Marginal note:Limitation

    (2) The Minister may not give a direction under subsection (1) if, in the Minister’s opinion, doing so would put the safety of the vessel, any person on board or the environment at imminent risk.

  • Marginal note:Notification

    (3) If the Minister gives a direction under subsection (1) in respect of a vessel, the Minister must notify the state where the vessel is registered of the direction given and the reason for it.

Administrative Penalties

Interpretation

Definition of “violation”

 In sections 229 to 244, “violation” means a contravention of a relevant provision that is designated as a violation by the regulations made under this Part.

Assurances of Compliance and Notices of Violation

Marginal note:If reasonable grounds to believe a violation
  •  (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may

    • (a) enter into an assurance of compliance with the person or vessel that

      • (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period and be subject to the terms and conditions that are specified in the assurance,

      • (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

      • (iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or

    • (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

      • (i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay,

      • (ii) the period within which the penalty must be paid or a review of the notice requested, and

      • (iii) particulars of the manner in which the penalty must be paid or a review requested.

  • Marginal note:Extension of period

    (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person with whom or vessel with which the assurance of compliance was entered into is unable to comply with it because of reasons beyond the person’s or vessel’s control.

  • Marginal note:Short-form descriptions in notices of violation

    (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.

Marginal note:Deemed violation
  •  (1) A person who, or vessel that, enters into an assurance of compliance is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

  • Marginal note:Request for review

    (2) A person who, or vessel that, enters into an assurance of compliance may, within 48 hours after the assurance is signed and before a notice of default is served under subsection 231(2), request a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under subsection 232(1) of the facts of the violation and the amount of the penalty is deemed to have been requested.

Marginal note:When assurance of compliance complied with
  •  (1) If the Minister is satisfied that an assurance of compliance has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,

    • (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

    • (b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel.

  • Marginal note:When assurance of compliance not complied with

    (2) If the Minister is of the opinion that a person who, or vessel that, has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless an adjudicator determines under subsection (3) that the assurance has been complied with,

    • (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

    • (b) the security deposited under subparagraph 229(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

  • Marginal note:Review of notice of default

    (3) A person or vessel served with a notice of default may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the non-compliance with the assurance of compliance.

  • Marginal note:Burden of proof

    (4) In the case of a review of the facts of a non-compliance,

    • (a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice did not comply with the assurance of compliance; and

    • (b) the person is not required and may not be compelled to give any evidence or testimony in the matter.

  • Marginal note:Certain defences not available

    (5) A person or vessel named in a notice of default does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance.

  • Marginal note:No set off

    (6) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.

  • Marginal note:Return of security

    (7) Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if

    • (a) a notice of default is served under paragraph (2)(a) and the person or vessel pays double the amount of the penalty; or

    • (b) an adjudicator determines under subsection (3) that the assurance has been complied with.

Marginal note:Notice of violation
  •  (1) A person or vessel served with a notice of violation must pay the amount of the penalty or may, within 30 days after being served and in the prescribed manner, request a review by an adjudicator of the facts of the violation or the amount of the penalty.

  • Marginal note:Burden of proof

    (2) In the case of a review of the facts of a violation,

    • (a) the burden is on the Minister to establish, on a balance of probabilities, that the person or vessel named in the notice of violation committed the violation; and

    • (b) the person is not required and shall not be compelled to give any evidence or testimony in the matter.

  • Marginal note:When review not requested

    (3) If a review is not requested of the facts of the violation, the person or vessel is deemed to have committed the violation in respect of which the notice was served.

 

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