Oil Tanker Moratorium Act (S.C. 2019, c. 26)

General

Marginal note:Duty to assist

12 The owner, the operator, the master and any agent or charterer of a vessel that is entered under subsection 11(1) and the owner and the operator of a marine installation or any other place that is entered under that subsection, as well as every person who is found there, must give a designated person who is carrying out powers or functions under section 11 all reasonable assistance and provide them with any information that they may reasonably require.

Marginal note:Disposition of samples

• 13 (1) A designated person who takes a sample under paragraph 11(3)(g) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.

• Marginal note:Certificate or report

  (2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

• Marginal note:Certificate or report admissible in evidence

  (3) Subject to subsections (4) and (5), the certificate or the report is admissible in evidence in any prosecution for an offence under this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• Marginal note:Attendance of person

  (4) The party against whom the certificate or the report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

• Marginal note:Notice

  (5) The certificate or the report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or the report.

Marginal note:Return of anything removed

14 Anything removed under paragraph 11(3)(i) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken.

Marginal note:Obstruction

15 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise obstruct or hinder, a designated person who is carrying out powers or functions under this Act.

Marginal note:Interference

16 Unless authorized by a designated person, it is prohibited for a person to remove, alter or interfere in any way with a sample taken under paragraph 11(3)(g) or anything removed under paragraph 11(3)(i).

Detention of Vessels

Marginal note:Detention order

• 17 (1) A designated person may order the detention of a vessel if they have reasonable grounds to believe that the vessel has committed an offence under this Act.

• Marginal note:Order in writing

  (2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.

• Marginal note:Notice of detention order

  (3) Notice of a detention order must be served on the master of the vessel

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

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

• Marginal note:Movement of vessel prohibited

  (4) Subject to section 19, it is prohibited for a person to move a vessel that is subject to a detention order.

• Marginal note:Granting clearance prohibited

  (5) Subject to subsection (6), it is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order.

• Marginal note:Granting clearance

  (6) A person to whom a detention order is addressed who has received notice of the order must grant clearance to the vessel that is subject to the order if

  • (a) security in an amount and a form satisfactory to the Minister is given to Her Majesty in right of Canada;

  • (b) the vessel has not been charged with an offence under this Act within 30 days after the day on which the order was made; or

  • (c) the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made and

    • (i) security in a form satisfactory to the Minister for payment of the maximum fine that might be imposed for that offence, or payment of any lesser amount that is satisfactory to the Minister, is given to Her Majesty in right of Canada, or

    • (ii) proceedings in respect of that offence are discontinued.

• Marginal note:Notification of foreign state

  (7) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made.

• Marginal note:Liability for expenses

  (8) The authorized representative of a vessel that is subject to a detention order or, if there is no authorized representative, the vessel’s owner is liable for all expenses incurred in respect of the detention.

Marginal note:Interference with service of notice

18 It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.

Marginal note:Permission or direction to move vessel

• 19 (1) The Minister may, in respect of a vessel that is subject to a detention order,

  • (a) on application made by the authorized representative of the vessel or, if there is no authorized representative, by the vessel’s owner, permit the master to move the vessel in accordance with the Minister’s directions; and

  • (b) on application made by the owner of a dock or wharf — or by the person in charge of a port or marine installation — at which the vessel is located, direct the person who is, or appears to be, in charge of the vessel to move it in accordance with the Minister’s directions.

• Marginal note:Non-compliance with paragraph (1)(b)

  (2) If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.

Sale of Vessels

Marginal note:No appearance and no security

• 20 (1) The Minister may apply to a court of competent jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if

  • (a) the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made; and

  • (b) no one appeared in Canada on behalf of the vessel within 30 days after the day on which the vessel was charged with the offence to answer to the charge and security referred to in subparagraph 17(6)(c)(i) has not been not given.

• Marginal note:Appearance but no security

  (2) The Minister may apply to a court of competent jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if

  • (a) the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made;

  • (b) someone appeared in Canada on behalf of the vessel within 30 days after the day on which the vessel was charged with the offence to answer to the charge but security referred to in subparagraph 17(6)(c)(i) has not been given; and

  • (c) the vessel has been convicted and a fine has been imposed but not paid.

Marginal note:Notice

• 21 (1) As soon as feasible after making an application under subsection 20(1) or (2), the Minister must send, by registered mail, notice of the application to

  • (a) the person responsible for maintaining any register in which the vessel is registered, listed or recorded;

  • (b) the holder of any mortgage or hypothec registered against the vessel on the register in which the vessel is registered, listed or recorded; and

  • (c) the holder of any maritime lien or like interest or right against the vessel, if the holder is known to the Minister at the time the application is made.

• Marginal note:Day notice deemed given

  (2) The notice 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 Minister.

• Marginal note:Relief from giving notice

  (3) If the court seized of an application made under subsection 20(1) or (2) is satisfied that it is appropriate to do so, the court may relieve the Minister of the obligation to give the notice or authorize the Minister to give the notice in any other manner that the court considers appropriate.

Marginal note:Claiming interest or right

• 22 (1) If an application is made under subsection 20(1) or (2) in respect of a vessel

  • (a) any person referred to in paragraph 21(1)(b) or (c) may, within 30 days after the day on which the notice of the application is sent to that person, apply to the court seized of the application for an order referred to in subsection (2); and

  • (b) any other person who claims an interest or a right in the vessel as mortgagee or hypothecary creditor or as the holder of a maritime lien or any like interest or right may, within 30 days after the day on which the application is made, apply to the court seized of the application for an order referred to in subsection (2).

• Marginal note:Order

  (2) A court seized of an application made under subsection (1) must grant to the applicant an order declaring the nature and extent of the applicant’s interest or right at the time the detention order was made if the court is satisfied that

  • (a) the applicant acquired the interest or the right in good faith before the making of the detention order; and

  • (b) the applicant is innocent of any complicity or collusion in respect of the alleged offence that gave rise to the making of the detention order.

• Marginal note:Priority of applications

  (3) An application made under subsection 20(1) or (2) must not be heard until all applications made under subsection (1) in respect of the vessel have been heard.

Marginal note:Authorization of sale

• 23 (1) A court seized of an application made under subsection 20(1) or (2) may

  • (a) authorize the Minister to sell the vessel in any manner and subject to any terms that the court considers appropriate; and

  • (b) on application by the Minister, give directions to the Minister as to the ranking of the interests or the rights of persons who have obtained an order referred to in subsection 22(2).

• Marginal note:Payment of proceeds

  (2) If the court has authorized the sale of a vessel and that vessel is sold, any surplus remaining from the proceeds of the sale — after deducting the amount of the maximum fine that could have been imposed for the offence, if subsection 20(1) applies, or the fine actually imposed, if subsection 20(2) applies, and all expenses incurred in respect of the detention and the costs of the sale — must, to the extent of the surplus, be paid in accordance with the interests or the rights of persons who have obtained an order referred to in subsection 22(2) and any surplus remaining after that must be paid to the owner of the vessel.

• Marginal note:Clear title

  (3) On selling a vessel whose sale has been authorized by the court, the Minister may, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or hypothec or other interest or right that is in existence at the time of the sale.

• Marginal note:Registrability of vessel

  (4) Nothing in subsection (3) is to be construed as meaning that the vessel may be registered in the name of the purchaser.

Regulations

Marginal note:Regulations

24 The Governor in Council may, by regulation, amend the schedule by adding or deleting any oil or class of oils.

Offences and Punishment

Marginal note:Contravention of section 4

25 Every person or vessel that contravenes any of subsections 4(1) to (5) is guilty of an offence and liable

• (a) on conviction on indictment, to a fine of not more than $5,000,000; and

• (b) on summary conviction, to a fine of not more than $1,000,000.