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).

• Marginal note:Punishment

  (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.

• Marginal note:Punishment

  (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.

Marginal note: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.