Choice of Proceedings
Marginal note:How contravention may be proceeded with
233. If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.
Recovery of Debts
Marginal note:Debts due to Her Majesty
234. The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction:
(a) unless a review of the amount of the penalty is requested under subsection 232(1), the amount of a penalty set out in a notice of violation, from the time the notice is served;
(b) the amount that a notice of default served under subsection 231(2) provides that a person is liable to pay, from the time the notice is served;
(c) the amount of a penalty determined by an adjudicator on a review under subsection 232(1), from the time the adjudicator gives their decision; and
(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).
Marginal note:Certificate of default
235. (1) A debt referred to in section 234 in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
(2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.
Rules of Law about Violations
Marginal note:Violations are not offences
Marginal note:Common law principles
237. Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under a relevant provision applies in respect of a violation to the extent that it is not inconsistent with this Act.
Marginal note:Vicarious liability — Canadian maritime document holders
238. (1) The holder of a Canadian maritime document is liable for a violation that is committed in respect of any matter that relates to an activity or a requirement under that document, whether or not the person or vessel that actually committed the violation is identified or proceeded against in accordance with this Act.
Marginal note:Vicarious liability — acts of employees and agents
(2) A person or vessel is liable for a violation that is committed by an employee or agent of the person or vessel acting in the course of the employee’s employment or within the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.
Marginal note:Notations removed
239. (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs the Minister is to remove every notation of violation or default, and every suspension or cancellation of or refusal to issue or renew a Canadian maritime document on prescribed grounds, from any records that the Minister may keep respecting a person or vessel:
(a) the person or vessel pays every penalty that the person or vessel is liable to pay under a notice of violation, a notice of default or an adjudicator’s decision;
(b) a suspension on prescribed grounds of a Canadian maritime document issued to the person or vessel ends;
(c) the Minister cancels, on prescribed grounds, a Canadian maritime document issued to the person or vessel; and
(d) the Minister refuses, on prescribed grounds, to issue a Canadian maritime document to the person or vessel or to renew a Canadian maritime document issued to the person or vessel.
Marginal note:Duty to notify
(2) The Minister is to give a person or vessel notice of a decision not to remove a notation in respect of the person or vessel and providing all relevant information concerning the grounds on which the Minister has refused to remove it.
(3) The person may, within 30 days after the day on which the notice is given, request that an adjudicator review the decision.
Marginal note:Disclosure of notations of violations
240. The Minister shall keep a public record of notations of violations or default kept on any record that the Minister may keep respecting the person or vessel.
Marginal note:Limitation period
241. No notice of violation may be issued more than two years after the day on which the Minister becomes aware of the contravention.
Marginal note:Certificate of Minister
242. A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.
Marginal note:When compliance agreement in effect
243. If a violation arising out of the contravention of any provision of Part 4 or the regulations made under that Part is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled.
244. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations
(a) respecting clearances for departure from a port in Canada;
(b) respecting the investigation of shipping casualties, the alleged contravention of a relevant provision or an incident that involved a vessel and that, in the opinion of the Minister, jeopardized the safety of persons;
(c) respecting the detention of vessels, including the review of detention orders;
(d) specifying the circumstances in which a vessel is deemed abandoned;
(e) respecting the sale of a vessel under section 226, including measures that must be taken before the vessel is sold and the manner of establishing, and the priority of payment of, claims against the vessel;
(f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision that is an offence under this Act;
(g) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;
(h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;
(i) respecting reviews under subsection 231(3) (notices of default), 232(2) (notices of violation) or 239(3) (removal of notations of violations);
(j) respecting the service of documents required or authorized to be served under this Part, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served; and
(k) prescribing anything that by this Part is to be prescribed.
Offences and Punishment
Marginal note:Contravention of Act
245. (1) Every person commits an offence who contravenes
(a) a direction given under subsection 211(3) (to stop a vessel or proceed as specified);
(b) a direction given under any of paragraphs 211(4)(a) to (e) (to answer reasonable questions, to provide reasonable assistance, to prohibit or limit access to part of a vessel, to operate or cease operating machinery or equipment, to not move a vessel, to muster crew or carry out emergency or safety procedures or to produce documents);
(c) section 215 (proceed to sea with a person without their consent);
(d) subsection 218(1) (disciplining employee);
(e) subsection 222(9) (giving clearance to detained vessel);
(f) subsection 222(10) (moving detained vessel);
(g) section 223 (wilfully interfering with service of notice); or
(h) a direction given under subsection 227(1) (not to enter or to leave Canadian waters).
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Marginal note:Contravention of Act or regulations
246. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
(a) a direction given under subsection 212(2) (to store something);
(b) section 213 (departing without clearance); and
(c) a provision of the regulations made under this Part.
(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
Definition of “carrier”
247. In sections 248 and 250, “carrier” means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.
Marginal note:Carrier’s lien
248. (1) A carrier has, on goods carried under a contract of carriage, a lien for any amount that is due to the carrier under the contract for freight or costs of storing, disposing of or preserving the goods.
Marginal note:Notice of lien to owner of goods
(2) Before exercising a lien, a carrier must give notice of it to the owner of the goods, specifying the amount claimed and the particulars of the claim.
Marginal note:Notice of lien to third parties
(3) If the carrier places the goods in the custody of a third party and gives the third party notice of the lien and the third party does not retain them until notified by the carrier that the lien is discharged or does not return them to the carrier, the third party is liable to the carrier. The third party may charge the carrier for storing the goods or for any reasonable action taken to preserve them or to protect property or human life from damage they may cause.
Marginal note:Third party’s protection
(4) A third party who retains goods until notified by the carrier that the lien is discharged or who returns them to the carrier is not liable to the owner of the goods, regardless of whether the lien claimed by the carrier is valid.
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