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 after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal;
(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.
Marginal note:Contents of notice
(3) A notice under subsection (2) must include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed.
Marginal note:Request for review
(4) The person or vessel may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review.
Marginal note:Time and place for review
(5) On receipt of a request filed under subsection (4), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing.
Marginal note:Review procedure
(6) The member of the Tribunal assigned to conduct the review must provide the Minister and the person who, or vessel that, filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
(7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.
Marginal note:Right of appeal
(8) The person who, or vessel that, requested the review may, within 30 days after the determination, appeal a determination made under subsection (7) to the Tribunal.
Marginal note:Loss of right of appeal
(9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal a determination unless the person or vessel establishes that there was sufficient reason to justify the absence.
Marginal note:Disposition of appeal
(10) The appeal panel assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration.
- 2001, c. 26, s. 239, c. 29, s. 72.
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, or the contravention of a direction given under 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 emergency and safety procedures for the purpose of paragraph 211(4)(d.1);
(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.
- 2001, c. 26, s. 244, c. 29, s. 72;
- 2014, c. 29, s. 75.
Offences and Punishment
Marginal note:Contravention of Act
(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.
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