Offences and Punishment
Marginal note:Contravention of Act
(2) Every person who 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.
Marginal note:Contravention of Act or regulations
(a) a direction given under any of paragraphs 196(4)(b) to (e) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place);
(b) subsection 196(5) (give reasonable assistance, produce documents or provide information);
(c) subsection 198(2) (give reasonable assistance, produce documents or provide information);
(d) a direction given under section 199 (not to operate a pleasure craft);
(e) section 201 (ensure that a pleasure craft meets the requirements of the regulations);
(f) section 202 (obtain a licence for a pleasure craft);
(g) section 204 (operating pleasure craft without licence number marked);
(h) section 205 (defacing, altering, concealing or removing licence number); or
(i) a provision of the regulations made under this Part.
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
PART 11Enforcement — Department of Transport
210 The definitions in this section apply in this Part.
Minister means the Minister of Transport. (ministre)
relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering, other than
(a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to Part 7 (Wreck) or 10 (Pleasure Craft); and
(b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels. (disposition visée)
- 2001, c. 26, s. 210;
- 2005, c. 29, s. 32;
- 2014, c. 29, s. 72.
Marginal note:Authorized persons and organizations
211 (1) A marine safety inspector referred to in section 11 or a person, classification society or other organization authorized to carry out inspections under section 12 may, for the purpose of ensuring compliance with a relevant provision, board any vessel or enter any premises or other place at any reasonable time and carry out any inspection that the inspector, person, classification society or other organization considers necessary and that the Minister has authorized them to carry out.
Marginal note:Living quarters
(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.
Marginal note:Authority to issue warrant
(2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
Marginal note:Use of force
(2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Marginal note:Stopping a vessel
(3) For the purpose of carrying out an inspection, a marine safety inspector may direct the master of a vessel to stop the vessel or proceed to the place that the inspector may select, and to moor, anchor or remain there for any reasonable period that the inspector may specify.
(4) In carrying out an inspection, a marine safety inspector or, subject to any limitations set out under subsection 12(2) in their certificate of authorization, a person, classification society or other organization authorized to carry out inspections may
(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;
(b) direct the master of a vessel to prohibit or limit access to any part of the vessel for as long as specified;
(c) direct the master of a vessel not to move the vessel until the inspection is completed;
(d) direct the master of a vessel to muster the crew or to carry out any emergency or safety procedure required by the regulations;
(d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;
(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;
(f) take photographs and make video recordings and sketches;
(g) take or remove for analysis samples of any material or substance or any biological, chemical or physical agents or substances;
(h) use or cause to be used any computer system or data processing system at the place where the inspection is being carried out to examine any data contained in, or available to, the system;
(i) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;
(j) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and
(k) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.
Marginal note:Disposition of samples
(5) A person who, or organization that, takes a sample under paragraph (4)(g) may dispose of it in any manner that the person or organization considers appropriate.
Marginal note:Return of documents and things
(6) Documents or other things taken under paragraph (4)(j) must be returned as soon as feasible after they are no longer required for the purpose for which they were taken.
- 2001, c. 26, s. 211;
- 2014, c. 29, s. 73.
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.
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