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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Act current to 2022-06-20 and last amended on 2019-07-30. Previous Versions

PART 11Enforcement — Department of Transport

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

Minister

Minister means the Minister of Transport. (ministre)

relevant provision

relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering, other than

  • (a) subsection 40(1) with respect to a provision of the regulations made under paragraph 35(1)(e) in relation to Part 10 (Pleasure Craft); and

  • (b) a provision of Part 5 (Navigation Services) or 10 (Pleasure Craft) or a provision of any regulation made under either of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels. (disposition visée)

Inspections

Marginal note:Authorized persons and organizations

  •  (1) A marine safety inspector referred to in section 11 or a person, classification society or other organization authorized to carry out inspections under section 12 may, for the purpose of ensuring compliance with a relevant provision, board any vessel or enter any premises or other place at any reasonable time and carry out any inspection that the inspector, person, classification society or other organization considers necessary and that the Minister has authorized them to carry out.

  • Marginal note:Living quarters

    (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.

  • Marginal note:Authority to issue warrant

    (2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for any purpose related to the administration of a relevant provision of Part 8; and

    • (b) has been refused or there are reasonable grounds for believing that it will be refused.

  • Marginal note:Use of force

    (2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Stopping a vessel

    (3) For the purpose of carrying out an inspection, a marine safety inspector may direct the master of a vessel to stop the vessel or proceed to the place that the inspector may select, and to moor, anchor or remain there for any reasonable period that the inspector may specify.

  • Marginal note:Inspections

    (4) In carrying out an inspection, a marine safety inspector or, subject to any limitations set out under subsection 12(2) in their certificate of authorization, a person, classification society or other organization authorized to carry out inspections may

    • (a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;

    • (b) direct the master of a vessel to prohibit or limit access to any part of the vessel for as long as specified;

    • (c) direct the master of a vessel not to move the vessel until the inspection is completed;

    • (d) direct the master of a vessel to muster the crew or to carry out any emergency or safety procedure required by the regulations;

    • (d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;

    • (e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;

    • (f) take photographs and make video recordings and sketches;

    • (g) take or remove for analysis samples of any material or substance or any biological, chemical or physical agents or substances;

    • (h) use or cause to be used any computer system or data processing system at the place where the inspection is being carried out to examine any data contained in, or available to, the system;

    • (i) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

    • (j) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

    • (k) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

  • Marginal note:Disposition of samples

    (5) A person who, or organization that, takes a sample under paragraph (4)(g) may dispose of it in any manner that the person or organization considers appropriate.

  • Marginal note:Return of documents and things

    (6) Documents or other things taken under paragraph (4)(j) must be returned as soon as feasible after they are no longer required for the purpose for which they were taken.

  • 2001, c. 26, s. 211
  • 2014, c. 29, s. 73

Marginal note:Seizure

  •  (1) During an inspection, a marine safety inspector may seize and detain anything

    • (a) by means of which or in relation to which the inspector believes on reasonable grounds that a relevant provision has been contravened; or

    • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of a relevant provision.

  • Marginal note:Storage or removal

    (2) An inspector may direct the person in charge of the place where something was seized to store it in that place or may remove it to any other place.

  • Marginal note:Return of things or forfeiture

    (3) Any thing seized must be returned as soon as feasible after it is no longer needed for any proceedings unless it cannot be brought into compliance with the relevant provisions and the Minister directs that it not be returned, in which case it is forfeited to Her Majesty in right of Canada after it is no longer needed for any proceedings and may be disposed of at the expense of the person from whom it was seized.

Clearance

Marginal note:No departure without clearance

 Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.

Marginal note:Granting clearance

 Any person who is authorized under an Act of Parliament to grant clearance of a vessel at a port in Canada is not to grant it unless satisfied that the master has all of the documents required under this Act for the clearance.

Voyage with a Person on Board without Their Consent

Marginal note:Prohibition

 No master shall proceed on a voyage with a person on board who is exercising powers or performing duties relating to the administration or enforcement of a relevant provision unless the person consents.

Reporting of Alleged Contraventions

Marginal note:Reasonable grounds

  •  (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a relevant provision may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

  • Marginal note:Confidentiality

    (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Marginal note:Inspection

  •  (1) On being notified under subsection 216(1), the Minister is to determine whether an inspection should be carried out by a marine safety inspector.

  • Marginal note:Costs

    (2) If a marine safety inspector determines that the individual who notified the Minister did not have reasonable grounds to believe that a person or vessel had contravened or had intended to contravene a relevant provision, the individual is liable to pay the costs of the inspection.

Marginal note:Prohibition

  •  (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

    • (a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to the Minister that the employer or any other person had contravened or had intended to contravene a relevant provision;

    • (b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is a contravention of a relevant provision;

    • (c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention of doing anything that is required to be done in order that a contravention of a relevant provision not be committed; or

    • (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

  • Marginal note:Saving

    (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

  • Marginal note:Definitions

    (3) In this section, employee includes an independent contractor and employer has a corresponding meaning.

Investigations

Marginal note:Investigations

  •  (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision.

  • Marginal note:Limitation

    (2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of a shipping casualty that has been or is being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.

  • Definition of shipping casualty

    (3) In this section, shipping casualty means

    • (a) any accident or incident associated with a vessel; and

    • (b) any situation or condition that the Minister has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).

Marginal note:Search and seizure without warrant

  •  (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the contravention of a relevant provision but by reason of exigent circumstances it would not be feasible to obtain one, a marine safety inspector may exercise the powers of search and seizure provided in that section without a warrant.

  • Marginal note:Living quarters

    (2) A marine safety inspector may not search living quarters without a warrant unless the inspector first obtains the consent of the occupant.

  • Marginal note:Additional powers

    (3) In the course of a search under subsection (1) or section 487 of the Criminal Code, a marine safety inspector has all the powers referred to in subsection 211(4) (inspections).

Analysis and Examination

Marginal note:Submission

  •  (1) A marine safety inspector may submit to a person designated by the Minister, for analysis or examination, anything seized or any sample taken under this Part.

  • 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

    (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to the contravention of a relevant provision and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Attendance of analyst

    (4) The party against whom the certificate or 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 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 report.

Detention of Vessels

Marginal note:Optional detention

  •  (1) If a marine safety inspector believes on reasonable grounds that a contravention of a relevant provision has been committed by or in respect of a vessel or that the vessel is not seaworthy, the inspector may make a detention order in respect of the vessel.

  • Marginal note:Mandatory detention — unsafe vessels

    (2) The inspector must make a detention order if the contravention is a contravention of section 110 (too many passengers) or the inspector also believes on reasonable grounds that the vessel is unsafe, that it is unfit to carry passengers or crew members or that its machinery or equipment is defective in any way so as to expose persons on board to serious danger.

  • Marginal note:Mandatory detention — foreign vessels

    (3) If an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision that is alleged to have been committed by or in respect of a foreign vessel, a marine safety inspector must make a detention order in respect of the vessel.

  • Marginal note:Order to be in writing

    (4) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

  • Marginal note:Detention order to be served on master

    (5) Notice of a detention order made under this section in respect of a vessel must be served on the master

    • (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:Contents of notice

    (6) The notice must

    • (a) indicate the measures to ensure compliance with the relevant provision or to render the vessel seaworthy that must be taken for the detention order to be rescinded;

    • (b) in the case of a foreign vessel, if an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 229 in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the information, indictment or notice, must be deposited with the Minister for the detention order to be rescinded; and

    • (c) in the case of a Canadian vessel, if an indictment has been preferred in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.

  • Marginal note:Foreign state to be notified

    (7) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

  • Marginal note:Rescission of orders

    (8) A marine safety inspector must

    • (a) rescind a detention order made under this section if the inspector is satisfied that the measures indicated in the notice referred to in subsection (6) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister; and

    • (b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (4) of the rescission.

  • Marginal note:Duty of persons empowered to give clearance

    (9) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (8).

  • Marginal note:Movement of vessel prohibited

    (10) Subject to section 224, no person shall move a vessel that is subject to a detention order made under this section.

  • Marginal note:Liability for expenses

    (11) The authorized representative of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

  • Marginal note:Return of security

    (12) The Minister, after proceedings in respect of which security was deposited are concluded,

    • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine or penalty has not been paid; and

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

 
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