PART 5Administration and Enforcement (continued)
Compliance Measures (continued)
Marginal note:Entering living quarters
75 (1) An enforcement officer must not enter living quarters under subsection 74(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel.
Marginal note:Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that
(a) the living quarters are a place referred to in subsection 74(1);
(b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Marginal note:Use of force
(3) In executing a warrant to enter living quarters, an enforcement officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
(4) If an enforcement officer believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.
Marginal note:Disposition of samples
76 (1) An enforcement officer who takes a sample under paragraph 74(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.
Marginal note:Certificate or report
(2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.
Marginal note:Certificate or report admissible in evidence
(3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
Marginal note:Attendance of person
(4) The party against whom the certificate or report is produced may, with leave of the court or of the Transportation Appeal Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.
(5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
Marginal note:Return of anything removed
Marginal note:Thing not returned
(2) An enforcement officer may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
78 Unless authorized by an enforcement officer, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 74(2)(h) or anything removed under paragraph 74(2)(j).
79 For the purpose referred to in subsection 74(1), an enforcement officer may seize and detain anything
(a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or
(b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations.
Marginal note:Custody of things seized
80 If an enforcement officer seizes a thing, the enforcement officer, or any person that they may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.
Marginal note:Liability for costs and expenses
81 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act.
Marginal note:Detention order
82 (1) An enforcement officer may order the detention of a vessel, including one that has become a wreck, if they have reasonable grounds to believe that an offence under this Act has been committed by or in respect of the vessel.
Marginal note:Order in writing
(2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.
Marginal note:Service of detention order notice
(3) Subject to subsection (4), notice of a detention order must be served on the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel
Marginal note:Public notice of detention order
(4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given.
Marginal note:Contents of notice
(5) The notice must indicate
Marginal note:Notification of foreign state
(6) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made.
Marginal note:Movement of vessel prohibited
(7) Subject to subsection 84(1), it is prohibited for a person to move a vessel that is subject to a detention order.
Marginal note:Granting clearance prohibited
(8) It is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order unless they have been notified that the order has been rescinded.
Marginal note:Rescission of orders
(9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister.
Marginal note:Notice of rescission
(10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.
Marginal note:Liability for costs and expenses
(11) The authorized representative of a vessel that is subject to a detention order or, in the absence of an authorized representative, the owner of that vessel is liable for all costs and expenses incurred in respect of the detention.
Marginal note:Return of security
(12) If, in the Minister’s opinion, the matter has been resolved, he or she
(a) may apply the security to reimburse or pay Her Majesty in right of Canada, either fully or partially, if any of the costs and expenses resulting from the detention of the vessel or any fine or penalty imposed under this Act has not been paid; and
(b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid.
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