Wrecked, Abandoned or Hazardous Vessels Act

Marginal note:Detention order

• 82 (1) An enforcement officer may order the detention of a vessel, including one that has become a wreck, if they have reasonable grounds to believe that an offence under this Act has been committed by or in respect of the vessel.

• 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:Service of detention order notice

  (3) Subject to subsection (4), notice of a detention order must be served on the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel

  • (a) by delivering a copy of the notice to the authorized representative or a person in charge, as the case may be; 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 vessel.

• 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 must indicate

  • (a) any measures to be taken for the detention order to be rescinded; and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 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:Movement of vessel prohibited

  (7) Subject to subsection 84(1), it is prohibited for a person to move a vessel that is subject to a detention order.

• Marginal note:Granting clearance prohibited

  (8) 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to grant clearance to the vessel that is subject to the order unless they have been notified that the order has been rescinded.

• Marginal note:Rescission of orders

  (9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must 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 enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.

• Marginal note:Liability for costs and expenses

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

• Marginal note:Return of security

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

  • (a) may apply the security to reimburse or pay Her Majesty in right of Canada, either fully or partially, if any of the costs and expenses resulting from the detention of the vessel or any fine or penalty imposed under this Act 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 costs and expenses and any fine or penalty imposed under this Act have been paid.