Coasting Trade Act — C-33.3 16
ng 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 but security referred to in paragraph (7)(c) has not been given, and (b) the ship is convicted and a fine is imposed but not paid forthwith, the Minister of Transport may apply to a court for an order authorizing the Minister of Transport to sell the ship. Notice (10) Forthwith on making an application under subsection (8) or (9), the Minister of Transport shall, by registered mail, give notice of the application to (a) the person responsible for maintaining any register in which the ship is registered, listed or recorded; (b) the holder of any mortgage against the ship that is registered on the register referred to in paragraph (a); and (c) the holder of any maritime lien against the ship to which the application relates, and the holder of any like interest, known to the Minister of Transport at the time of the making of the application. Day notice deemed to be given (11) A notice sent by registered mail under subsection (10) shall be deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt in respect thereof is received by the Minister of Transport. Court may relieve Minister of giving notice (12) Where the court seized of an application under subsection (8) or (9) is satisfied that it is appropriate to do so, the court may relieve the Minister of Transport of the obligation to give the notice referred to in subsection (10), or authorize the Minister of Transport to give the notice in such other manner as the court deems fit. Claiming interest (13) Where an application is made under subsection (8) or (9) in respect of a ship, (a) any person referred to in paragraph (10)(b) or (c) may, within sixty days after the notice is given to that person, and (b) any other person who claims an interest in the ship as mortgagee, or as the holder of a maritime lien or as the holder of any like interest, may, within sixty days after the application is made, apply by notice in writing to the court seized of the application for an order referred to in subsection (14). Order (14) Where, on the hearing of an application made under subsection (13), it is made to appear to the satisfaction of the court (a) that the applicant acquired the interest in respect of which the applicant is applying in good faith prior to the commission of the offence in respect of which the ship was detained, and (b) that the applicant is innocent of any complicity or collusion in respect of the offence in respect of which the ship was detained, the court shall grant to the applicant an order declaring the nature and extent of the applicant’s interest at the time of the commission of the offence. Appeal (15) Any person who makes an application under subsection (13), and the Minister of Transport, may appeal to the court of appeal from an order referred to in subsection (14) and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court. Applications under subsection (13) to be heard first (16) A court shall not hear an application under subsection (8) or (9) until all applications under subsection (13) in relation thereto have been heard. Court may authorize sale (17) A court hearing an application under subsection (8) or (9) may authorize the Minister of Transport to sell the ship to which the application relates in such manner and subject to such terms and conditions as the court considers appropriate and, on application by the Minister of Transport, give directions to the Minister of Transport as to the rank of the interests of persons who have obtained an order referred to in subsection (14). Payment of proceeds (18) Where a ship is sold pursuant to this section, any surplus remaining from the proceeds of the sale aft