PART 11Enforcement — Department of Transport (continued)
Administrative Penalties (continued)
Recovery of Debts (continued)
235 (1) All or part of a debt referred to in section 234 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be.
(2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration.
- 2001, c. 26, s. 235, c. 29, s. 72
Rules of Law about Violations
Marginal note:Violations are not offences
Marginal note:Common law principles
237 Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under a relevant provision applies in respect of a violation to the extent that it is not inconsistent with this Act.
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, 8 or 9 or the regulations made under those Parts 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.
- 2001, c. 26, s. 243
- 2018, c. 27, s. 708
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) [Repealed, 2019, c. 1, s. 149]
(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 $250,000 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
- 2018, c. 27, s. 709
- 2019, c. 1, s. 149
Offences and Punishment
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).
(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.
(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.
- 2001, c. 26, s. 246
- 2015, c. 3, s. 25(F)
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.
Marginal note:Sale or other disposition of goods
249 (1) If an owner of goods does not take delivery of the goods after notice of delivery has been given or fails to discharge a lien after it is exercised, the carrier may
(a) sell them by public auction at any time that is 90 days after the notice of delivery is given and 10 days after giving notice of the time and place of the auction in a newspaper that is circulated in the vicinity of the auction; or
(b) if the goods are perishable or pose a threat to public health or safety, sell or otherwise dispose of them in the manner and for the price that is reasonable in the circumstances after giving notice of the sale or other disposition to the owner of the goods.
Marginal note:Application of proceeds of disposition
(2) The proceeds of the disposition must be credited toward payment of the amounts due or payable under the contract of carriage or any other amounts reasonably incurred for storing, disposing of or preserving the goods. Any surplus must be paid to the owner of the goods.
Marginal note:Responsibility for goods
- 2001, c. 26, ss. 250, 324
Marginal note:Actions in rem
251 (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring.
(2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant.
Marginal note:Does not affect other rights
(3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Courts Act.
Definition of stevedoring
(4) In this section, stevedoring includes trimming, lighterage and the supply of any goods or services in relation to stevedoring.
- 2001, c. 26, s. 251
- 2002, c. 8, s. 195
Proof of Offences by Vessels
Marginal note:Proof of offence
252 (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act or a pollution response officer, whether or not the person on board has been identified.
(2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel.
- 2001, c. 26, s. 252
- 2005, c. 29, s. 33
- 2014, c. 29, s. 76
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