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Canada Marine Act

Version of section 117 from 2008-08-01 to 2022-05-02:


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
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