PART 11Enforcement — Department of Transport (continued)
Voyage with a Person on Board without Their Consent
215 No master shall proceed on a voyage with a person on board who is exercising powers or performing duties relating to the administration or enforcement of a relevant provision unless the person consents.
Reporting of Alleged Contraventions
Marginal note:Reasonable grounds
216 (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a relevant provision may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
(2) If a marine safety inspector determines that the individual who notified the Minister did not have reasonable grounds to believe that a person or vessel had contravened or had intended to contravene a relevant provision, the individual is liable to pay the costs of the inspection.
(a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to the Minister that the employer or any other person had contravened or had intended to contravene a relevant provision;
(b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is a contravention of a relevant provision;
(c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention of doing anything that is required to be done in order that a contravention of a relevant provision not be committed; or
(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).
(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
(3) In this section, employee includes an independent contractor and employer has a corresponding meaning.
(2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of a shipping casualty that has been or is being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.
Definition of shipping casualty
(3) In this section, shipping casualty means
Marginal note:Search and seizure without warrant
220 (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the contravention of a relevant provision but by reason of exigent circumstances it would not be feasible to obtain one, a marine safety inspector may exercise the powers of search and seizure provided in that section without a warrant.
Marginal note:Living quarters
(2) A marine safety inspector may not search living quarters without a warrant unless the inspector first obtains the consent of the occupant.
Marginal note:Additional powers
Analysis and Examination
Marginal note:Certificate or report
(2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.
(3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to the contravention of a relevant provision and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.
Marginal note:Attendance of analyst
(4) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who 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.
Detention of Vessels
Marginal note:Optional detention
222 (1) If a marine safety inspector believes on reasonable grounds that a contravention of a relevant provision has been committed by or in respect of a vessel or that the vessel is not seaworthy, the inspector may make a detention order in respect of the vessel.
Marginal note:Mandatory detention — unsafe vessels
(2) The inspector must make a detention order if the contravention is a contravention of section 110 (too many passengers) or the inspector also believes on reasonable grounds that the vessel is unsafe, that it is unfit to carry passengers or crew members or that its machinery or equipment is defective in any way so as to expose persons on board to serious danger.
Marginal note:Mandatory detention — foreign vessels
(3) If an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision that is alleged to have been committed by or in respect of a foreign vessel, a marine safety inspector must make a detention order in respect of the vessel.
Marginal note:Order to be in writing
(4) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.
Marginal note:Detention order to be served on master
(5) Notice of a detention order made under this section in respect of a vessel must be served on the master
(a) by delivering a copy of the notice personally to the master; or
(b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.
Marginal note:Contents of notice
(6) The notice must
(a) indicate the measures to ensure compliance with the relevant provision or to render the vessel seaworthy that must be taken for the detention order to be rescinded;
(b) in the case of a foreign vessel, if an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the information, indictment or notice, must be deposited with the Minister for the detention order to be rescinded; and
(c) in the case of a Canadian vessel, if an indictment has been preferred in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.
Marginal note:Foreign state to be notified
(7) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.
Marginal note:Rescission of orders
(8) A marine safety inspector must
(a) rescind a detention order made under this section if the inspector is satisfied that the measures indicated in the notice referred to in subsection (6) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister; and
(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (4) of the rescission.
Marginal note:Duty of persons empowered to give clearance
(9) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (8).
Marginal note:Movement of vessel prohibited
(10) Subject to section 224, no person shall move a vessel that is subject to a detention order made under this section.
Marginal note:Liability for expenses
(11) The authorized representative of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.
Marginal note:Return of security
(12) The Minister, after proceedings in respect of which security was deposited are concluded,
(a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine or penalty 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 expenses and any fine or penalty imposed have been paid.
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