Coasting Trade Act — C-33.3 16
Detention of ships 16 (1) Where an enforcement officer believes on reasonable grounds that an offence under this Act has been committed by or in respect of a ship, the enforcement officer may make a detention order in respect of the ship. Geographical application of section (2) The power to make a detention order under this section may be exercised in Canadian waters and in waters above the continental shelf of Canada. Order to be in writing (3) A detention order made under subsection (1) shall be in writing and addressed to all persons who, at the place where the ship to which the order relates is or will be, are empowered to give a clearance in respect of the ship. Notice of detention order to be served on master (4) Where a detention order under this section is made in respect of a ship, notice thereof shall be served on the master of the ship (a) by delivering a copy thereof personally to the master; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), (i) by leaving a copy thereof for the master on board the ship with the person who is, or appears to be, in command or charge of the ship, or (ii) by leaving a copy thereof with the owner or agent of the owner of the ship residing in Canada or, where no such owner or agent is known or can be found, by fixing a copy thereof to a prominent part of the ship. Ship under detention not to depart (5) Where notice of a detention order in respect of a ship is served under subsection (4) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from Canadian waters or from waters above the continental shelf of Canada, the master or owner, as the case may be, is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars. Duty of persons empowered to give clearance (6) Subject to subsection (7), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by that person, give clearance in respect of the ship to which the order relates. When clearance shall be given (7) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order shall give clearance in respect of the ship to which the order relates where (a) security satisfactory to the Minister of Transport in the amount of fifty thousand dollars is given to Her Majesty in right of Canada; (b) the ship has not been charged with an offence under this Act within thirty days after the making of the detention order; or (c) the ship has been charged with an offence under this Act within the period referred to in paragraph (b) and (i) security satisfactory to the Minister of Transport for payment of the maximum fine that might be imposed as a result of a conviction of a ship charged with that offence, or in such lesser amount as may be approved by the Minister of Transport, is given to Her Majesty in right of Canada, or (ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued. Sale of ship where no appearance and no security (8) Where a ship has been charged with an offence under this Act within thirty days after the making of a detention order in respect thereof and, within thirty days after the day on which the ship was charged with the offence, (a) no one has appeared on behalf of the ship to answer to the charge, and (b) security referred to in paragraph (7)(c) has not been given, the Minister of Transport may apply to a court for an order authorizing the Minister of Transport to sell the ship. Sale of ship where appearance but no security (9) Where a ship has been charged with an offence under this Act within thirty days after the making of a detention order in respect thereof and (a) within thirty days after the day on which the ship was charged with the offence, someone has appeared on behalf of the ship to answer to the charge b