PART 11Enforcement — Department of Transport (continued)
Detention of Vessels (continued)
Marginal note:Interference with service
223 No person shall wilfully interfere with the service of a notice of a detention order.
Marginal note:Direction to move a detained vessel
224 The Minister may
(a) on application made by the authorized representative of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister;
(b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and
(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative.
Sale of Vessels
Marginal note:Distress on vessel for sums ordered to be paid
225 A court, justice of the peace or provincial court judge that orders the authorized representative of a vessel to pay any fine, crew member’s wages or other sum of money may, if payment is not made in accordance with the order, order the seizure and sale of the vessel or its machinery or equipment.
Marginal note:Vessel may be seized and sold if fine or penalty not paid
(2) At any time after a fine is imposed under a relevant provision against, or a certificate registered under subsection 235(2) (registration in Federal Court) in respect of, a vessel or its authorized representative, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.
Marginal note:Proceeds of sale
(3) Any surplus remaining from the proceeds of a sale is to be distributed in accordance with the regulations after satisfying the following claims in the following order:
(a) the cost of the seizure and sale;
(b) any claim for salvage in respect of the vessel;
(c) the claims of masters and crew members for wages;
(c.1) the claims of masters for disbursements made or liabilities incurred for necessaries on account of the vessel;
(d) the amount of any fine imposed or debt due under a relevant provision; and
(e) the cost of returning masters and crew members to the place where they first came on board or to another place to which they and the Minister have agreed.
Marginal note:If proceeds insufficient
(4) If the proceeds of sale of a vessel are insufficient to satisfy the claims described in subsection (3), the Minister may proceed for the balance owing against
- 2001, c. 26, s. 226
- 2019, c. 1, s. 148
Foreign Vessels in Contravention of International Conventions
Marginal note:Minister’s powers
(a) if the vessel has not entered Canadian waters, direct the vessel not to enter Canadian waters;
(b) if the vessel has entered Canadian waters but is not in a port in Canada, direct the vessel to leave Canadian waters; and
(c) if the vessel is in a port in Canada, direct the vessel to leave Canadian waters, subject to any terms and conditions that the Minister may specify.
(2) The Minister may not give a direction under subsection (1) if, in the Minister’s opinion, doing so would put the safety of the vessel, any person on board or the environment at imminent risk.
(3) If the Minister gives a direction under subsection (1) in respect of a vessel, the Minister must notify the state where the vessel is registered of the direction given and the reason for it.
Definition of violation
228 In sections 229 to 244, violation means a contravention of a relevant provision, or a contravention of a direction given under a relevant provision, that is designated as a violation by the regulations made under this Part.
- 2001, c. 26, s. 228
- 2014, c. 29, s. 74
Assurances of Compliance and Notices of Violation
Marginal note:If reasonable grounds to believe a violation
(a) enter into an assurance of compliance with the person or vessel that
(i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,
(ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and
(iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or
(b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out
(i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay,
(ii) the period, being thirty days after the notice is served, within which the penalty must be paid or a review of the notice requested, and
(iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested.
Marginal note:Extension of period
(2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person with whom or vessel with which the assurance of compliance was entered into is unable to comply with it because of reasons beyond the person’s or vessel’s control.
Marginal note:Short-form descriptions in notices of violation
(3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.
- 2001, c. 26, s. 229, c. 29, s. 72
Marginal note:Deemed violation
230 (1) A person who, or vessel that, enters into an assurance of compliance is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.
Marginal note:Request for review
(2) A person who, or vessel that, enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under section 231.1, request a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 232(1)(b) of the facts of the violation and the amount of the penalty is deemed to have been requested.
- 2001, c. 26, s. 230, c. 29, s. 72
Marginal note:When assurance of compliance complied with
231 If the Minister is satisfied that an assurance of compliance has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,
(a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and
(b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel.
- 2001, c. 26, s. 231, c. 29, s. 72
Marginal note:When assurance of compliance not complied with
231.1 (1) If the Minister is of the opinion that a person who, or vessel that, has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance has been complied with,
Marginal note:Contents of notice
(2) A notice under subsection (1) must include the address at which, and the date, being 30 days after the notice is served, on or before which, a request for a review may be filed.
Marginal note:No set-off
(3) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.
- 2001, c. 29, s. 72
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