Canada Marine Act (S.C. 1998, c. 10)

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Act current to 2019-06-20 and last amended on 2018-05-23. Previous Versions

PART 4Regulations and Enforcement (continued)

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1 or 2 applies, including regulations for the safety of persons and ships in those waters.

  • Marginal note:Application

    (2) Regulations made under subsection (1) may apply only to navigable waters designated by the Governor in Council.

  • Marginal note:Application to Crown

    (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations generally for carrying out the purposes of this Act.

  • Marginal note:Application to Crown

    (2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Traffic Control

Marginal note:Traffic control

 Subject to regulations made under section 104, a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in the navigable waters designated by the Governor in Council under subsection 104(2), and sections 56 to 59 apply with such modifications as the circumstances require, except that, in making those modifications to section 58, the references in that section to a person or member of a class of persons designated under subsection 58(1) shall be taken to be references to a person or member of a class of persons designated under this section.

Liability for Fees

Marginal note:Ships and cargo

  •  (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid.

  • Marginal note:Fees for use

    (2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft.

  • 1998, c. 10, s. 107
  • 2008, c. 21, s. 48(F)

Enforcement

Designation

Marginal note:Enforcement officers

  •  (1) The Minister may designate any person or member of a class of persons as an enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated.

  • Marginal note:Area of designation

    (2) A designation as an enforcement officer is in respect of any of the following areas:

    • (a) a port in respect of which letters patent have been issued to a port authority;

    • (b) a public port or public port facility;

    • (c) all or part of the Seaway; or

    • (d) all or part of the navigable waters designated under subsection 104(2).

  • Marginal note:Certificate to be produced

    (3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.

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
 
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