PART 10Pleasure Craft (continued)
(a) enter any place, other than a dwelling-house, where the inspector has reasonable grounds to believe a pleasure craft is located;
(b) examine anything that the inspector finds and take samples of it;
(c) conduct any tests or analyses and take any measurements;
(d) inspect any books, records, electronic data or other documents that the inspector believes may contain information that is relevant to the inspection;
(e) use or cause to be used any computer system in the place where the inspection is being carried out to examine any data contained in or available to the computer system;
(f) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;
(g) 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
(h) 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:Duty to assist
(2) When an inspector carries out an inspection under subsection (1), the importer, manufacturer or vendor of the pleasure craft, or the owner or person in control of a place where the pleasure craft is located, shall
(a) give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and
(b) produce to the inspector any document, or provide them with any information, that the inspector may reasonably require for the administration of this Part or the regulations made under this Part.
Marginal note:Return of documents and things
(3) Documents or other things obtained or taken under paragraph (1)(g) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.
Marginal note:Disposition of samples
(4) An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.
Marginal note:Operation prohibited
199 If an inspector considers that a pleasure craft does not meet the requirements of this Part or the regulations made under this Part, the inspector may direct any person not to operate it until it meets those requirements.
Marginal note:Stopping and boarding vessels
200 An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.
Safe Operation of Pleasure Craft
201 Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.
Pleasure Craft Licences
Marginal note:Licensing of pleasure craft
Marginal note:Transfer of licence
(2) When the ownership of a pleasure craft referred to in subsection (1) changes, the new owner shall not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.
Marginal note:Issuance of licence
(2) The Minister may issue or transfer a licence to an applicant if the Minister is satisfied that all the requirements under subsection (1) have been met.
Marginal note:Licence number
204 No owner of a pleasure craft in respect of which a pleasure craft licence has been issued shall operate it or allow it to be operated unless the licence number is marked on the craft and maintained in the form and manner specified by the Minister.
Marginal note:Defacing, etc., licence number
205 No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.
Marginal note:Lost documents
206 If a pleasure craft licence is mislaid, lost or destroyed, the Minister, on application made by the holder of the licence in the form and manner and including the information and accompanied by the documents specified by the Minister, may issue a replacement licence.
207 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting pleasure craft licensing and the safety of pleasure craft or classes of pleasure craft and of persons on board, including regulations
(a) respecting the issuance, cancellation or transfer of pleasure craft licences;
(b) respecting qualifications, including medical fitness, minimum age, degree of knowledge, skill, training and experience, for operators of pleasure craft or classes of pleasure craft, and the evidence required to prove compliance with those qualifications;
(c) respecting the operation of pleasure craft or classes of pleasure craft;
(d) respecting training courses and examinations for pleasure craft operators, including the designation and accreditation of persons or organizations that provide them;
(e) respecting the issuance, cancellation or suspension of documents that demonstrate compliance with any regulations made under paragraph (b) or (d);
(f) respecting the design, construction or manufacture of pleasure craft or classes of pleasure craft;
(g) respecting the issuance or cancellation of plates or labels in respect of pleasure craft that comply with regulations made under paragraph (f);
(h) requiring that plates or labels referred to in paragraph (g) be displayed and specifying the manner in which they must be displayed;
(i) prohibiting the construction, manufacture, sale, lease, importation or operation of pleasure craft that do not meet the requirements of regulations made under paragraph (f);
(j) requiring owners, builders, manufacturers, importers or vendors of pleasure craft to modify their pleasure craft, at their own expense, in order to comply with regulations made under paragraph (f);
(k) respecting hull identification or serial numbers that identify pleasure craft;
(l) specifying the machinery and equipment that are required or prohibited on pleasure craft or classes of pleasure craft;
(m) respecting the design, construction, manufacture, maintenance, storage, testing, approval, arrangement and use of a pleasure craft’s or a class of pleasure craft’s machinery and equipment;
(n) respecting the requirements that pleasure craft, or classes of pleasure craft, and their machinery and equipment must meet;
(o) respecting documents that must be kept on board pleasure craft or classes of pleasure craft; and
(p) respecting the reporting of accidents involving pleasure craft.
Marginal note:Regulations — pollution
(2) The Governor in Council may, on the recommendation of the Minister, make regulations
- 2001, c. 26, s. 207
- 2015, c. 3, s. 24(F)
Offences and Punishment
Marginal note:Contravention of Act
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
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