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Pilotage Act (R.S.C., 1985, c. P-14)

Full Document:  

Act current to 2022-01-12 and last amended on 2021-06-09. Previous Versions

Enforcement (continued)

Compliance Measures (continued)

Marginal note:Dwelling house or living quarters

  •  (1) An authorized person shall not enter a dwelling house or living quarters under subsection 46.12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in.

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling house or living quarters are a place referred to in subsection 46.12(1);

    • (b) entry to the dwelling house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant to enter a dwelling house or living quarters, an authorized person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

  • Marginal note:Telewarrant

    (4) If an authorized person believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

Marginal note:Disposition of sample

  •  (1) An authorized person who takes a sample under paragraph 46.12(2)(h) 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 that has made an analysis or examination under subsection (1) 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 report is admissible in evidence in any proceeding related to a contravention of 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 which the certificate or report is produced may, with leave of the court or of the Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.

  • Marginal note:Notice

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

Marginal note:Return of anything removed

  •  (1) Anything removed under paragraph 46.12(2)(j) is to be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless

    • (a) the thing, in the authorized person’s opinion, is no longer useful; or

    • (b) the owner is unknown or cannot be located.

  • Marginal note:Thing not returned

    (2) An authorized person may dispose of anything that is not returned under subsection (1) in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.

Marginal note:Interference

 Unless authorized by an authorized person, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 46.12(2)(h) or anything removed under paragraph 46.12(2)(j).

Marginal note:Seizure

 For the purpose referred to in subsection 46.12(1), an authorized person may seize and detain anything

  • (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or

  • (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations.

Marginal note:Custody of thing seized

 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

Marginal note:Liability for costs and expenses

 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act.

Marginal note:Detention order

  •  (1) An authorized person may order the detention of a ship if the authorized person has reasonable grounds to believe that an offence under this Act has been committed by or in respect of the ship.

  • Marginal note:Order in writing

    (2) The detention order is to be in writing and be addressed to every person empowered to grant clearance to the ship.

  • Marginal note:Service of detention order notice

    (3) Subject to subsection (4), notice of a detention order is to be served

    • (a) by delivering a copy of the notice to the authorized representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the ship.

  • Marginal note:Public notice of detention order

    (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given.

  • Marginal note:Contents of notice

    (5) The notice is to indicate

    • (a) the measures that are to be taken for the detention order to be rescinded; and

    • (b) the amount and form of any security that is to be deposited with the Minister.

  • Marginal note:Notification of foreign state

    (6) If the ship 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:Movement of ship prohibited

    (7) Subject to subsection 46.22(1), it is prohibited for a person to move a ship that is subject to a detention order.

  • Marginal note:Granting clearance prohibited

    (8) It is prohibited for a person to which a detention order is addressed, after they have received notice of the order, to grant clearance to the ship that is subject to the order, unless they have been notified that the order has been rescinded.

  • Marginal note:Rescission of order

    (9) An authorized person may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an authorized person shall rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister.

  • Marginal note:Notice of rescission

    (10) An authorized person who rescinds a detention order shall notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on which the notice was served under paragraph (3)(a) of the rescission.

  • Marginal note:Liability for costs and expenses

    (11) The authorized representative of a ship that is subject to a detention order or, in the absence of an authorized representative, the owner of that ship is liable for all costs and expenses resulting from the detention.

  • Marginal note:Return of security

    (12) If, in the Minister’s opinion, the matter has been resolved, the Minister

    • (a) may apply the security to reimburse Her Majesty in right of Canada, in whole or in part, for any of the costs and expenses resulting from the detention of the ship or to pay to Her Majesty in right of Canada, in whole or in part, any fine or penalty imposed under this Act; and

    • (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid.

Marginal note:Interference with service of notice

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

Marginal note:Permission or direction to move ship

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

    • (a) on application made by the authorized representative of the ship or, in the absence of an authorized representative, the person in charge of the ship, permit the ship to be moved in accordance with the Minister’s directions; and

    • (b) on application made by the owner of a dock — or by the person in charge of a place — at which the detained ship is situated, direct the authorized representative or person in charge of the ship 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 ship, the Minister may authorize the applicant to move the ship in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner.

Provisions Related to Entry

Marginal note:Accompanying person

  •  (1) If an authorized person enters a place under subsection 46.12(1), they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act.

  • Marginal note:Entry on private property

    (2) An authorized person and a person accompanying them may enter private property – other than a dwelling house or living quarters – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 46.12(1).

Marginal note:Duty to assist

 The owner of a place that is entered by an authorized person under subsection 46.12(1), the person in charge of the place and every person in it shall give all assistance to the authorized person that is reasonably required to enable the authorized person to exercise their powers or perform their duties or functions under this Act and shall provide the authorized person with any document or information, or access to any data, that they may reasonably require.

Obstruction

Marginal note:Obstruction

 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, an authorized person who is exercising powers or performing duties or functions under this Act.

Administrative Monetary Penalties

Marginal note:Violation — person

  •  (1) Every person that contravenes a provision or direction that is designated as a violation in the regulations commits a violation and is liable to a penalty.

  • Marginal note:Violation — ship

    (2) Every ship that contravenes any of the following commits a violation and is liable to a penalty:

    • (a) a direction given under paragraph 46.12(3)(b) or subsection 46.12(4); or

    • (b) a provision the contravention of which is designated as a violation by the regulations.

  • Marginal note:Continuing violation

    (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

  • Marginal note:Penalty

    (4) The maximum amount payable as the penalty for a violation set out in subsection (1) or (2) is $250,000 and the total maximum amount payable for a related series or class of violations is the amount set out in the regulations.

  • Marginal note:Purpose of penalty

    (5) The purpose of the penalty is to promote compliance with this Act and not to punish.

  • Marginal note:Clarification

    (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

  • Marginal note:Nature of violation

    (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • Marginal note:Due diligence defence — person

    (8) A person is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission.

  • Marginal note:Due diligence defence — ship

    (9) A ship is not to be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.

 
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