Canadian Environmental Protection Act, 1999

Marginal note:Detention of ships

• 225 (1) Where an enforcement officer has reasonable grounds to believe that the owner or master of a ship has committed an offence under section 272 and that a ship was used in connection with the commission of the offence, the enforcement officer may make a detention order in respect of the ship.

• Marginal note:Order in writing

  (2) A detention order made under subsection (1) shall be in writing and be addressed to all persons at any port in Canada where the ship to which the order relates is or will be who are empowered to give a clearance in respect of the ship.

• Marginal note:Notice of detention order

  (3) Notice of a detention order made under subsection (1) shall be served on the master of the ship in respect of which the order is made.

• Marginal note:Duty of owner or master of ship

  (4) Where notice of a detention order made under subsection (1) has been served on the master of the ship, the owner or master of the ship shall not give an order for the ship to go into an area of the sea referred to in paragraph 122(2)(f) or (g) during the term of the detention order.

• Marginal note:Duty of persons empowered to give clearance

  (5) Subject to subsection (6), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by the person, give clearance in respect of the ship to which the order relates.

• Marginal note:When clearance given

  (6) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order may give clearance in respect of the ship to which the order relates where

  • (a) the owner or master of the ship

    • (i) has not, within 30 days after the order was made, been charged with the offence that gave rise to the making of the order, or

    • (ii) has, within 30 days after the order was made, been charged with that offence and appears in Canada to answer to the charge;

  • (b) security for payment of the maximum fine that might be imposed as a result of a conviction of the person charged with that offence and of costs related to proceedings in connection with the charge, or payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or

  • (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.