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

Assented to 2001-11-01

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.