PART 12Miscellaneous (continued)
Marginal note:Damage to environment and risk of death or harm to persons
253 (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,
(a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or
(b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person.
Marginal note:Criminal negligence
(2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code.
254 (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission.
(2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Prohibitions on Conviction
Marginal note:Court order
255 If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order
(a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or
(b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.
Summary Conviction Proceedings
Marginal note:Limitation period
256 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister of Transport or the Minister of Fisheries and Oceans, as the case may be, becomes aware of the subject-matter of the proceedings.
Marginal note:Certificate of Minister
(2) A document that purports to have been issued by the Minister referred to in subsection (1), and that certifies the day on which that Minister became aware of the subject-matter of the proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject-matter on that day.
Marginal note:Defendant outside Canada
(3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than two months after they arrive in Canada.
Marginal note:Jurisdiction in case of offences
257 (1) For the purpose of giving jurisdiction under this Act, every offence is deemed to have been committed and every cause of complaint to have arisen either in the place where the offence actually was committed or arose, or in any place where the offender or person or vessel complained against may be.
Marginal note:Presumption of jurisdiction
(2) If, in a legal proceeding under this Act, a question arises as to whether a vessel or person is within any of the provisions of this Act or the regulations, the vessel or person is deemed to be within those provisions unless the contrary is proved.
Marginal note:Jurisdiction over vessels lying off coasts
258 (1) If a district within which a court, justice of the peace or provincial court judge has jurisdiction either under this Act or under any other Act or at common law, for any purpose whatever, is situated on the coast of a sea, or abuts on or projects into navigable waters, the court, justice or provincial court judge has jurisdiction over any vessel on, or lying or passing off, that coast or in or near those navigable waters, and over all persons on board, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court, justice or provincial court judge.
Marginal note:Added power of courts
(2) The jurisdiction under this section is in addition to and not in derogation of any jurisdiction or power of a court under the Criminal Code.
Damage Occasioned by Foreign Vessels
Marginal note:Power to detain foreign vessel that has caused damage
259 If the Federal Court is satisfied that damage or loss has in any part of the world been caused to property that belongs to Her Majesty in right of Canada or a province or to a qualified person by the fault, in whole or in part, of a foreign vessel that is at the time of the application in Canadian waters, on ex parte application the Federal Court may issue an order requiring any person named by the Court to detain the vessel until the applicant has been compensated for the damage or loss or until security, in the form and amount approved by the Court, is deposited with the Court.
- 2001, c. 26, s. 259
- 2015, c. 3, s. 26(E)
Marginal note:Defence available in certain cases
260 It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given
(a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and
(b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.
Depositions in Legal Proceedings
Marginal note:Depositions received when witness cannot be produced
261 (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if
(a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada;
(b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and
(c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer.
Marginal note:Certificate as evidence
(2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused.
Marginal note:Certified copies
(3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.
Marginal note:Examination of persons before trial
262 (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case.
Marginal note:Use of examination
(2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.
Marginal note:No stay of proceedings without order
263 The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.
264 If there is no judge having jurisdiction in respect of writs of certiorari resident at or near the place where a conviction or an order is made, in Ontario, a judge of the Ontario Superior Court of Justice, in Nova Scotia, British Columbia and Prince Edward Island, a judge of the Supreme Court, in Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court, or, in New Brunswick, Manitoba, Saskatchewan or Alberta, a judge of the Court of Queen’s Bench has power to hear and determine an application for a stay of proceedings on the conviction or order.
- 2001, c. 26, s. 264
- 2015, c. 3, s. 27
Marginal note:Documents admissible in evidence
265 (1) A document made, given or issued under this Act and appearing to be signed by the Minister of Transport, the Minister of Fisheries and Oceans, the Chief Registrar or a registrar, a marine safety inspector, the Chair of the Marine Technical Review Board, a marine communications and traffic services officer, a person exercising powers under subsection 135(2), a pleasure craft safety inspector or an enforcement officer is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.
Marginal note:Copies or extracts
(2) A copy of or an extract from any record or other document that is made, given or issued under this Act by a person referred to in subsection (1) and that appears to have been certified under the signature of that person as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.
Marginal note:Admissibility of documents in evidence
266 A document that this Act declares to be admissible in evidence is, on its production from the proper custody, admissible in evidence in any court or before any person having by law or consent of the parties authority to receive evidence, and, in the absence of any evidence to the contrary, is proof of the matters stated in the document without proof of the signature or the official character of the person appearing to have signed it.
Marginal note:Document entries as proof
267 In an action or proceeding under this Act, an entry in a record required under this Act to be kept is, in the absence of evidence to the contrary, proof of the matters stated as against the person who made the entry or was required to keep the record or, if the record was kept in respect of a vessel, against the authorized representative or master.
Application of Fines
Marginal note:Paid to Receiver General
268 (1) Subject to subsection (2), all fines imposed under this Act must, despite any other Act, be paid to the Receiver General and deposited to the credit of the Consolidated Revenue Fund.
Marginal note:Application of fines
(2) A court, justice of the peace or provincial court judge who imposes a fine under this Act may direct that the whole or a portion of it may
(a) be applied in compensating a person for any wrong or damage that may have been caused by the act or default in respect of which the fine was imposed;
(b) be applied in or toward payment of the expenses of the proceedings; or
(c) be paid to the provincial, municipal or local authority bearing in whole or in part the expense of prosecuting the contravention of this Act in respect of which the fine was imposed.
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45, paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
- 2001, c. 26, s. 268.1
- 2014, c. 29, s. 77
- 2018, c. 27, ss. 710, 712
- 2019, c. 1, s. 150
State of War or Armed Conflict
Marginal note:Prohibition of shipment of articles of war
269 (1) No person shall, during a prescribed period,
(a) discharge from a Canadian vessel a prescribed article in any prescribed territory or within the territorial waters adjacent to the territory;
(b) tranship on the high seas such an article from a Canadian vessel to any vessel bound for such a territory;
(c) take on board or carry on a Canadian vessel such an article consigned to or destined for a place in such a territory; or
(d) take on board or carry on any other vessel in Canadian waters such an article consigned to or destined for a place in such a territory.
Marginal note:Powers if contravention suspected
(2) Any person, or member of a class of persons, designated by the Minister of Transport or the Minister of National Defence for the purposes of this section, who has reason to suspect that a vessel is contravening or has contravened subsection (1) may
(a) direct the master to stop the vessel or proceed to the place that the person may select, and to moor, anchor or remain there for any reasonable period that the person may specify;
(b) board the vessel;
(c) direct the master to produce any documents relating to any cargo that is being carried or has been carried on the vessel;
(d) search the vessel, examine the cargo and direct the master or a member of the crew to open any package or parcel that the person suspects contains articles prescribed for the purposes of subsection (1); and
(e) make any other examination or inquiry that the person considers necessary to determine whether subsection (1) is being or has been contravened.
Marginal note:Power to take vessel
(3) If the person has reasonable grounds to believe that subsection (1) is being or has been contravened, the person may take the vessel to the nearest or most convenient port in order that the alleged contravention may be adjudicated by a court of competent jurisdiction.
(4) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
(a) prescribing any territory in which there is a state of war or armed conflict;
(b) prescribing anything else that may be prescribed under this section;
(c) exempting, in the case of any territory prescribed under paragraph (a), an article or class of articles from the application of this section; and
(d) for carrying out the purposes and provisions of this section.
(5) Every person who contravenes subsection (1) or a direction made under paragraph (2)(a) or (c) commits an offence and 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:Authorized representative or master
(6) If a person on a vessel commits an offence under this section and the authorized representative or master authorized or acquiesced in the offence, the authorized representative or master is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the person whether or not the person has been prosecuted.
Marginal note:Decisions that cease to have effect
270 Decisions of the Board of Steamship Inspection that were made under the Canada Shipping Act, chapter S-9 of the Revised Statutes of Canada, 1985, cease to have effect five years after section 26 comes into force.
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