Migratory Birds Convention Act, 1994 — M-7.01 8.1
Powers of direction and detention of vessels 8.1 (1) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in Canadian waters and that the vessel was, is being or is about to be used in connection with the commission of the offence. Powers of direction and detention of vessels (2) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that (a) the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in the exclusive economic zone of Canada and the vessel was, is being or is about to be used in connection with the commission of the offence; and (b) commission of the offence will cause major damage to the environment, or an actual threat of major damage to the environment, in Canada or in the exclusive economic zone of Canada. Major damage (3) For greater certainty, the deposit of a substance in contravention of section 5.1 that, together with other deposits made in contravention of that section by one or more persons or vessels, has a cumulative or aggregate effect may cause major damage to the environment. Order in writing (4) A detention order shall be in writing and be addressed to every person at the place identified in the order who is empowered to give a clearance to the vessel. Service of order (5) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or, if service cannot reasonably be effected personally, by posting a copy of the notice on a conspicuous part of the vessel. Duty of operator of vessel (6) Once notice of the detention order is served, no master, owner or operator of the vessel shall order the vessel to contravene the order. Duty of persons empowered to give clearance (7) Subject to subsection (8), no person who has received notice of the detention order shall give clearance to the vessel to which the order relates. When clearance may be given (8) A person who has received notice of the detention order may give clearance to the vessel to which the order relates if (a) neither the vessel nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made; (b) within 30 days after the day on which the order is made, the vessel or a person is charged with the offence and every accused has appeared in Canada to answer to the charge; (c) Her Majesty in right of Canada is given security, in a form determined by the Attorney General of Canada, for payment of the maximum fine that might be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Attorney General of Canada; (d) all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or (e) the order is rescinded by a game officer. Consent of Attorney General of Canada (9) The powers to direct and detain a vessel may not be exercised in the exclusive economic zone of Canada in relation to a foreign vessel without the consent of the Attorney General of Canada. Foreign state to be notified (10) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made. 2005, c. 23, s. 7