Canada Shipping Act, 2001

Marginal note:Debt due to His Majesty

• 36 (1) All fees, charges, costs and expenses imposed under paragraph 35(1)(g) or (3)(d) and interest payable on them constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Payment

  (2) If a fee, charge, cost or expense is imposed under paragraph 35(1)(g) or (3)(d)

  • (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense and any interest payable on it;

  • (b) in respect of a Canadian vessel, the authorized representative, the owner and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it; and

  • (c) in respect of a foreign vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense and any interest payable on it.

• Marginal note:Seizure

  (3) If the amount of a fee, charge, cost or expense, or of interest due on it, owed by an authorized representative or owner of a Canadian vessel or by the owner of a foreign vessel, has not been paid, the Minister who recommended making the regulation under paragraph 35(1)(g) or (3)(d) may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing that Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

• Marginal note:Release on security

  (4) A Minister who obtains an order under subsection (3) must release a seized vessel from detention if security in a form satisfactory to that Minister for the amount in respect of which the vessel was seized is deposited with the Minister.