GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 207
Regulations 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. Regulations — pollution (2) The Governor in Council may, on the recommendation of the Minister, make regulations (a) regulating or prohibiting the discharge of pollutants from pleasure craft; and (b) regulating noise emissions from pleasure craft engines. 2001, c. 26, s. 207; 2015, c. 3, s. 24(F) 2023, c. 26, s. 409(F)
Canada Shipping Act, 2001 — C-10.15 208
Contravention of Act 208 (1) Every person commits an offence who contravenes (a) subsection 197(1) (ensure a pleasure craft is constructed in accordance with the regulations); or (b) subsection 197(2) (selling a pleasure craft without a plate or label). Punishment (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.
Canada Shipping Act, 2001 — C-10.15 209
Contravention of Act or regulations 209 (1) Every person commits an offence who contravenes (a) a direction given under any of paragraphs 196(4)(b) to (e) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place); (b) subsection 196(5) (give reasonable assistance, produce documents or provide information); (c) subsection 198(2) (give reasonable assistance, produce documents or provide information); (d) a direction given under section 199 (not to operate a pleasure craft); (e) section 201 (ensure that a pleasure craft meets the requirements of the regulations); (f) section 202 (obtain a licence for a pleasure craft); (g) section 204 (operating pleasure craft without licence number marked); (h) section 205 (defacing, altering, concealing or removing licence number); or (i) a provision of the regulations made under this Part. Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 2001, c. 26, s. 209 2023, c. 26, s. 410
Canada Shipping Act, 2001 — C-10.15 210
Definitions 210 The definitions in this section apply in this Part. Minister means the Minister of Transport. ( ministre ) relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering. ( disposition visée ) 2001, c. 26, s. 210; 2005, c. 29, s. 32; 2014, c. 29, s. 72 2019, c. 1, s. 147 2023, c. 26, s. 411
Canada Shipping Act, 2001 — C-10.15
relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering. ( disposition visée )
Canada Shipping Act, 2001 — C-10.15 211
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. 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. 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 2023, c. 26, s. 412
Canada Shipping Act, 2001 — C-10.15 212
Seizure 212 (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. 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. 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.
Canada Shipping Act, 2001 — C-10.15 213
No departure without clearance 213 Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.
Canada Shipping Act, 2001 — C-10.15 214
Granting clearance 214 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.
Canada Shipping Act, 2001 — C-10.15 215
Prohibition 215 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.
Canada Shipping Act, 2001 — C-10.15 216
Reasonable grounds 216 (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. 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 .
Canada Shipping Act, 2001 — C-10.15 217
Inspection 217 (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. 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.
Canada Shipping Act, 2001 — C-10.15 218
Prohibition 218 (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). Saving (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement. Definitions (3) In this section, employee includes an independent contractor and employer has a corresponding meaning.
Canada Shipping Act, 2001 — C-10.15 219
Investigations 219 (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision. 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).
Canada Shipping Act, 2001 — C-10.15 220
Search and seizure without warrant 220 (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. 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. 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).
Canada Shipping Act, 2001 — C-10.15 221
Submission 221 (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. 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. 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. 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. 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.
Canada Shipping Act, 2001 — C-10.15 222
 order has been rescinded under subsection (8). 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. Liability for expenses (11) The authorized representative and the owner of a vessel that is detained under this section are jointly and severally, or solidarily, liable for all expenses incurred in respect of the detained vessel. 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. 2001, c. 26, s. 222 2023, c. 26, s. 413
Canada Shipping Act, 2001 — C-10.15 223
Interference with service 223 No person shall wilfully interfere with the service of a notice of a detention order.
Canada Shipping Act, 2001 — C-10.15 224
Direction to move a detained vessel 224 The Minister may (a) on application made by the authorized representative of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister; (b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative and the owner of the vessel, for which the authorized representative and the owner are jointly and severally, or solidarily, liable for the expense of moving the vessel. 2001, c. 26, s. 224 2023, c. 26, s. 414
Canada Shipping Act, 2001 — C-10.15 225
Distress on vessel for sums ordered to be paid 225 A court, justice of the peace or provincial court judge that orders the authorized representative of a vessel to pay any fine, crew member’s wages or other sum of money may, if payment is not made in accordance with the order, order the seizure and sale of the vessel or its machinery or equipment.
Canada Shipping Act, 2001 — C-10.15 226
226 (1) [Repealed, 2019, c. 1, s. 148] Vessel may be seized and sold if fine or penalty not paid (2) At any time after a fine is imposed under a relevant provision against, or a certificate is registered in the Federal Court under subsection 235(2) in respect of, a vessel, its authorized representative or its owner, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative or owner, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale. Proceeds of sale (3) Any surplus remaining from the proceeds of a sale is to be distributed in accordance with the regulations after satisfying the following claims in the following order: (a) the cost of the seizure and sale; (b) any claim for salvage in respect of the vessel; (c) the claims of masters and crew members for wages; (c.1) the claims of masters for disbursements made or liabilities incurred for necessaries on account of the vessel; (d) the amount of any fine imposed or debt due under a relevant provision; and (e) the cost of returning masters and crew members to the place where they first came on board or to another place to which they and the Minister have agreed. If proceeds insufficient (4) If the proceeds of sale of a vessel are insufficient to satisfy the claims described in subsection (3), the Minister may proceed for the balance owing against (a) the authorized representative and the owner, jointly and severally, or solidarily, in the case of a Canadian vessel; and (b) the owner, in the case of a foreign vessel. 2001, c. 26, s. 226 2019, c. 1, s. 148 2023, c. 26, s. 415
Canada Shipping Act, 2001 — C-10.15 227
Minister’s powers 227 (1) If the Minister has reasonable grounds to believe that a foreign vessel is in contravention of an international convention, protocol or resolution listed in Schedule 1, the Minister may (a) if the vessel has not entered Canadian waters, direct the vessel not to enter Canadian waters; (b) if the vessel has entered Canadian waters but is not in a port in Canada, direct the vessel to leave Canadian waters; and (c) if the vessel is in a port in Canada, direct the vessel to leave Canadian waters, subject to any terms and conditions that the Minister may specify. Limitation (2) The Minister may not give a direction under subsection (1) if, in the Minister’s opinion, doing so would put the safety of the vessel, any person on board or the environment at imminent risk. Notification (3) If the Minister gives a direction under subsection (1) in respect of a vessel, the Minister must notify the state where the vessel is registered of the direction given and the reason for it. 2001, c. 26, s. 227 2023, c. 26, s. 416
Canada Shipping Act, 2001 — C-10.15 228
Definition of violation 228 In sections 229 to 244, violation means a contravention of a relevant provision, or a contravention of a direction given under a relevant provision, that is designated as a violation by the regulations made under this Part. 2001, c. 26, s. 228; 2014, c. 29, s. 74
Canada Shipping Act, 2001 — C-10.15 229
If reasonable grounds to believe a violation 229 (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may (a) enter into an assurance of compliance with the person or vessel that (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance, (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and (iii) sets out the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out (i) the penalty, fixed by or within the range fixed by the regulations made under this Part, for the violation that the person or vessel is liable to pay, (ii) the period, being thirty days after the notice is served, within which the penalty must be paid or a review of the notice requested, and (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review requested. Extension of period (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person with whom or vessel with which the assurance of compliance was entered into is unable to comply with it because of reasons beyond the person’s or vessel’s control. Short-form descriptions in notices of violation (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation. 2001, c. 26, s. 229, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 230
Deemed violation 230 (1) A person who, or vessel that, enters into an assurance of compliance is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into. Request for review (2) A person who, or vessel that, enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under section 231.1, request a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 232(1)(b) of the facts of the violation and the amount of the penalty is deemed to have been requested. 2001, c. 26, s. 230, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 231
When assurance of compliance complied with 231 If the Minister is satisfied that an assurance of compliance has been complied with, the Minister must cause a notice to that effect to be served on the person or vessel and, on the service of the notice, (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and (b) any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel. 2001, c. 26, s. 231, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 231.1
When assurance of compliance not complied with 231.1 (1) If the Minister is of the opinion that a person who, or vessel that, has entered into an assurance of compliance has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance has been complied with, (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 229(1)(a)(ii) is forfeited to Her Majesty in right of Canada. Contents of notice (2) A notice under subsection (1) must include the address at which, and the date, being 30 days after the notice is served, on or before which, a request for a review may be filed. No set-off (3) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance. 2001, c. 29, s. 72