Canada Shipping Act, 2001

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 in Canadian waters, in the exclusive economic zone of Canada or 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.

• Marginal note:Regulations

  (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.

• Marginal note:Contraventions

  (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.