Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)

Marginal note:Seizure of ship and cargo

• 23 (1) Where a pollution prevention officer suspects on reasonable grounds that

  • (a) any provision of this Act or the regulations has been contravened by a ship, or

  • (b) the owner of a ship or the owner of all or part of the cargo thereof has committed an offence under paragraph 19(1)(b),

  the officer may, with the consent of the Governor in Council, seize the ship and its cargo anywhere in the arctic waters or elsewhere in the territorial sea or internal or inland waters of Canada.

• Marginal note:Custody

  (2) Subject to subsection (3) and sections 24 to 26, a ship and cargo seized under subsection (1) shall be retained in the custody of the pollution prevention officer making the seizure or shall be delivered into the custody of such person as the Governor in Council directs.

• Marginal note:Perishable goods

  (3) Where all or any part of a cargo seized under subsection (1) is perishable, the pollution prevention officer or other person having custody of it may sell the cargo or the perishable portion, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank, or an authorized foreign bank within the meaning of section 2 of the Bank Act, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of its business in Canada, to the credit of the Receiver General.