PART 11Enforcement — Department of Transport (continued)
Offences and Punishment (continued)
Marginal note:Contravention of Act or regulations
(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
(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
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,
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.
(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.
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