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Canada Marine Act (S.C. 1998, c. 10)

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Act current to 2021-11-17 and last amended on 2020-09-10. Previous Versions

PART 4Regulations and Enforcement (continued)

Enforcement (continued)

Inspection

Marginal note:Powers of enforcement officers

  •  (1) An enforcement officer may, for the purpose of ensuring compliance with this Act, other than sections 58, 76, 99 and 106, or of a regulation made under this Act, other than under subsection 27(1),

    • (a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and

    • (b) require any person appearing to be in charge of the ship, vehicle, aircraft, premises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper.

  • Marginal note:Operation of computer systems and copying equipment

    (2) In carrying out an inspection of a place, an enforcement officer may

    • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

    • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

Marginal note:Duty to assist enforcement officers

 The owner or person who is in possession or control of a place that is inspected under section 109, and every person who is found in the place, shall

  • (a) give the enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and

  • (b) provide the enforcement officer with any information relevant to the administration of this Act or the regulations that the officer may reasonably require.

Search and Seizure

Marginal note:Warrant

  •  (1) An enforcement officer with a warrant issued under subsection (3) may, at any reasonable time, search any ship, vehicle, aircraft, premises or other place if the officer believes on reasonable grounds that there is in the place

    • (a) anything on or in respect of which an offence under this Act is being or has been committed; or

    • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act.

  • Marginal note:Seizure

    (2) An enforcement officer may seize anything found in the course of a search that the officer believes on reasonable grounds is a thing referred to in paragraph (1)(b).

  • Marginal note:Warrant

    (3) A justice may issue a warrant authorizing the enforcement officer named in it to carry out a search, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist.

  • Marginal note:Use of force

    (4) In executing a warrant, an enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.

Marginal note:Where warrant not necessary

  •  (1) Subject to subsection (2), an enforcement officer may exercise the powers described in subsection 111(1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.

  • Marginal note:Living quarters

    (2) An enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occupant.

Marginal note:Powers during search

 In carrying out a search of a place under section 111 or 112, an enforcement officer may exercise the powers described in section 109.

Marginal note:Entry

 An enforcement officer or any person accompanying an enforcement officer may, while carrying out an inspection or search under this Act, enter on and pass through or over private property without the owner of the property having the right to object to that use of the property.

Detention of Ships

Marginal note:Detention — enforcement officer

  •  (1) An enforcement officer may make a detention order in respect of a ship or goods carried on a ship if the officer believes on reasonable grounds

    • (a) that the ship or the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act or the regulations;

    • (b) that an amount is due and payable for fees or interest imposed under this Act; or

    • (c) that property that is managed by a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) has been damaged by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.

  • Marginal note:Detention — other

    (2) A person designated under subsection 58(1) may make a detention order in respect of a ship or goods if the person believes on reasonable grounds that an offence described in subsection 59(1) has been committed by or in respect of the ship.

  • Marginal note:Geographical application of section

    (3) The power to make a detention order under this section may be exercised only within the area specified in the designation of the enforcement officer or person designated under subsection 58(1).

  • Marginal note:Order to be in writing

    (4) A detention order made under subsection (1) or (2) shall be in writing and be addressed to all persons who, at the place where the ship is or will be, are authorized to give a clearance in respect of the ship.

  • 1998, c. 10, s. 115
  • 2008, c. 21, s. 49

Marginal note:Notice of detention order to be served on master

  •  (1) Where a detention order under subsection 115(1) or (2) is made in respect of a ship, notice of the order shall be served on the master of the ship

    • (a) by delivering a copy of it personally to the master; or

    • (b) if personal service is not reasonably practicable,

      • (i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or

      • (ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.

  • Marginal note:Offence to depart while under detention

    (2) Where notice of a detention order in respect of a ship is served under subsection (1) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from the port in which it is detained, the master or owner, as the case may be, is guilty of an offence.

  • Marginal note:Duty of persons authorized to give clearance

    (3) Subject to subsection (4), no person to whom a detention order is addressed in accordance with subsection 115(4) shall, after receipt of the order, give clearance in respect of the ship to which the order relates.

  • Marginal note:When clearance shall be given

    (4) A person to whom a detention order is addressed in accordance with subsection 115(4) and who has received the order shall give clearance in respect of the ship to which the order relates if the person believes on reasonable grounds that

    • (a) security in the amount of $100,000 has been given to, and has been determined satisfactory by, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be;

    • (a.1) the ship has not been charged with an offence under this Act within 30 days after the making of the detention order;

    • (b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and

      • (i) security satisfactory to the Minister of not more than $5,000 is given to Her Majesty in right of Canada, or

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

    • (c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be;

    • (d) an amount is claimed against the ship for damages referred to in paragraph 115(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, and of a kind satisfactory to them; or

    • (e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 115(1)(c).

  • Marginal note:Court may determine amount of security

    (5) Where the owner or master of a ship disputes the amount of security demanded under paragraph (4)(c) or (d), the owner may apply to a court to determine the amount of security.

  • 1998, c. 10, s. 116
  • 2008, c. 21, s. 50

Marginal note:Sale of ship where no appearance and no security

  •  (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

    • (a) the ship is detained under a detention order in respect of an offence under this Act;

    • (b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order;

    • (c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and

    • (d) the security referred to in paragraph 116(4)(a) or (b) has not been given.

  • Marginal note:Sale of ship where no appearance and no security

    (2) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

    • (a) the ship is detained under a detention order for non-payment of fees or interest;

    • (b) proceedings have been commenced against the ship within thirty days after the making of the detention order;

    • (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

    • (d) the security referred to in paragraph 116(4)(a) or (c) has not been given.

  • Marginal note:Sale of ship where no appearance and no security

    (3) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

    • (a) the ship is detained under a detention order in respect of damages referred to in paragraph 115(1)(c);

    • (b) proceedings have been commenced against the ship within thirty days after the making of the detention order;

    • (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and

    • (d) the security referred to in paragraph 116(4)(a) or (d) has not been given.

  • Marginal note:Sale of ship where appearance but no security

    (4) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where

    • (a) the ship is detained under a detention order for one of the reasons referred to in paragraphs 115(1)(a) to (c);

    • (b) the ship has been charged with an offence under this Act or proceedings have been brought against it in respect of the non-payment of fees or damages referred to in paragraph 115(1)(c) within thirty days after the making of the detention order;

    • (c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 116(4) has not been given; and

    • (d) the ship is convicted or found liable, as the case may be, and the fine imposed or the amount of the damages and interest is not immediately paid.

  • 1998, c. 10, s. 117
  • 2008, c. 21, s. 51

Marginal note:Notice

  •  (1) As soon as is feasible after making an application for the sale of a ship under section 117, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, shall give notice of the application by registered mail to

    • (a) the registrar of the register in which the ship is recorded;

    • (b) the holder of any mortgage against the ship that is registered on the register referred to in paragraph (a); and

    • (c) the holder of any maritime lien against the ship and the holder of any like interest, if the holder is known to the port authority, the Minister or the person at the time of application.

  • Marginal note:Day notice deemed to be given

    (2) A notice sent by registered mail is deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt is received by the port authority, the Minister or the person.

  • Marginal note:Relief from giving notice

    (3) Where the court seized of an application for the sale of a ship is satisfied that it is appropriate to do so, the court may relieve the port authority, the Minister or the person of the obligation to give the notice referred to in subsection (1), or authorize them to give the notice in any other manner the court considers appropriate.

Marginal note:Claiming interest

  •  (1) Where an application is made for the sale of a ship, the following persons may apply within the periods stated to the court seized of the application for an order described in subsection (2):

    • (a) any person referred to in paragraph 118(1)(b) or (c), within sixty days after the notice required under that paragraph is given to the person; and

    • (b) any other person who claims an interest in the ship as a mortgagee or as the holder of a maritime lien or any like interest, within sixty days after the application is made.

  • Marginal note:Order

    (2) A court seized of an application made under subsection (1) shall grant the applicant an order declaring the nature, extent and priority of the applicant’s interest at the time of the commission of the offence, the non-payment of the fees or interest or the causing of damages if it is made to appear to the satisfaction of the court that the applicant

    • (a) acquired the interest in good faith before the act or omission for which the ship was detained; and

    • (b) is innocent of any complicity or collusion in respect of the act or omission for which the ship was detained.

  • Marginal note:Appeal

    (3) A person who makes an application under subsection (1), and the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, may appeal to the court of appeal from an order referred to in subsection (2).

  • Marginal note:Applications under subsection (1) to be heard first

    (4) A court shall not hear an application for the sale of a ship until all applications made under subsection (1) in respect of the ship have been heard.

  • Marginal note:Court may authorize sale

    (5) A court seized of an application for the sale of a ship may

    • (a) authorize the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, to sell the ship in the manner and subject to the terms and conditions the court considers appropriate; and

    • (b) on application by the port authority, the Minister or the person, as the case may be, give directions as to the ranking of the interests of persons who have obtained an order referred to in subsection (2).

 
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