GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 231.2
Request for review 231.2 (1) A person or vessel served with a notice under subsection 231.1(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review. Time and place for review (2) On receipt of a request filed under subsection (1), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing. Review procedure (3) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (4) The burden is on the Minister to establish that the person or vessel did not comply with the assurance of compliance referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter. Certain defences not available (5) A person or vessel named in a notice of default does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance. Determination (6) The member may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance. 2001, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 231.3
Return of security 231.3 Any security deposited under subparagraph 229(1)(a)(ii) must be returned to the person or vessel if (a) the person or vessel pays double the amount of the penalty set out in the assurance of compliance in accordance with a notice of default under section 231.1; or (b) a member determines under section 231.2, or an appeal panel decides under section 232.2, that the assurance of compliance has been complied with. 2001, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 232
Notice of violation 232 (1) A person or vessel served with a notice of violation under paragraph 229(1)(b) must (a) pay the amount of the penalty; or (b) within thirty days after being served or any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the facts of the violation or the amount of the penalty. When review not requested (2) If a review of the facts of the violation is not requested, the person or vessel is deemed to have committed the violation in respect of which the notice was served. 2001, c. 26, s. 232, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 232.1
Time and place for review 232.1 (1) On receipt of a request filed under paragraph 232(1)(b), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing. Review procedure (2) The member of the Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Burden of proof (3) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter. Determination (4) The member may confirm the Minister’s decision or, subject to any regulations made under paragraph 244(h), substitute his or her own determination. 2001, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 232.2
Right of appeal 232.2 (1) The Minister or the person who, or vessel that, requested the review may, within 30 days after the determination, appeal a determination made under subsection 231.2(6) or 232.1(4) to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may (a) in the case of a determination made under subsection 231.2(6), dismiss the appeal or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 232.1(4), dismiss the appeal, or allow the appeal and, subject to regulations made under paragraph 244(h), substitute its own decision. 2001, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 233
How contravention may be proceeded with 233 If a contravention can be proceeded with as a violation or as an offence, the Minister may commence proceedings in respect of that contravention as a violation or recommend that it be proceeded with as an offence, but it may be proceeded with only as one or the other.
Canada Shipping Act, 2001 — C-10.15 234
Debts due to Her Majesty 234 The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in a court of competent jurisdiction: (a) unless a review of the amount of the penalty is requested under paragraph 232(1)(b), the amount of a penalty set out in a notice of violation, from the time the notice is served; (b) the amount that a notice of default served under subsection 231.1(1) provides that a person is liable to pay, from the time the notice is served; (c) the amount of a penalty determined by a member after a review under section 232.1, or decided by an appeal panel after an appeal under section 232.2, from the time of the respective determination or decision; and (d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c). 2001, c. 26, s. 234, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 235
Certificate 235 (1) All or part of a debt referred to in section 234 in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be. Judgments (2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges attendant in its registration. 2001, c. 26, s. 235, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 236
Violations are not offences 236 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Canada Shipping Act, 2001 — C-10.15 237
Common law principles 237 Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under a relevant provision applies in respect of a violation to the extent that it is not inconsistent with this Act.
Canada Shipping Act, 2001 — C-10.15 238
Vicarious liability — Canadian maritime document holders 238 (1) The holder of a Canadian maritime document is liable for a violation that is committed in respect of any matter that relates to an activity or a requirement under that document, whether or not the person or vessel that actually committed the violation is identified or proceeded against in accordance with this Act. Vicarious liability — acts of employees and agents (2) A person or vessel is liable for a violation that is committed by an employee or agent of the person or vessel acting in the course of the employee’s employment or within the scope of the agent’s authority, whether or not the employee or agent who actually committed the violation is identified or proceeded against in accordance with this Act.
Canada Shipping Act, 2001 — C-10.15 239
Notations removed 239 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, five years after the last day on which any of the following events occurs the Minister is to remove every notation of violation or default, and every suspension or cancellation of or refusal to issue or renew a Canadian maritime document on prescribed grounds, from any records that the Minister may keep respecting a person or vessel: (a) the person or vessel pays every penalty that the person or vessel is liable to pay after a notice of violation, a notice of default, a determination of a member of the Tribunal on review or a decision of an appeal panel of the Tribunal; (b) a suspension on prescribed grounds of a Canadian maritime document issued to the person or vessel ends; (c) the Minister cancels, on prescribed grounds, a Canadian maritime document issued to the person or vessel; and (d) the Minister refuses, on prescribed grounds, to issue a Canadian maritime document to the person or vessel or to renew a Canadian maritime document issued to the person or vessel. Duty to notify (2) The Minister is to give a person or vessel notice of a decision not to remove a notation in respect of the person or vessel and providing all relevant information concerning the grounds on which the Minister has refused to remove it. Contents of notice (3) A notice under subsection (2) must include the address at which, and the date, being thirty days after the notice is served, on or before which, a request for a review may be filed. Request for review (4) The person or vessel may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file a written request for a review. Time and place for review (5) On receipt of a request filed under subsection (4), the Tribunal must appoint a time and place for the review and must notify the Minister and the person who, or vessel that, filed the request of the time and place in writing. Review procedure (6) The member of the Tribunal assigned to conduct the review must provide the Minister and the person who, or vessel that, filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations. Determination (7) The member may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration. Right of appeal (8) The person who, or vessel that, requested the review may, within 30 days after the determination, appeal a determination made under subsection (7) to the Tribunal. Loss of right of appeal (9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal a determination unless the person or vessel establishes that there was sufficient reason to justify the absence. Disposition of appeal (10) The appeal panel assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 2001, c. 26, s. 239, c. 29, s. 72
Canada Shipping Act, 2001 — C-10.15 240
Disclosure of notations of violations 240 The Minister shall keep a public record of notations of violations or default kept on any record that the Minister may keep respecting the person or vessel. 2001, c. 26, s. 240 2023, c. 26, s. 417(F)
Canada Shipping Act, 2001 — C-10.15 241
Limitation period 241 No notice of violation may be issued more than two years after the day on which the Minister becomes aware of the contravention.
Canada Shipping Act, 2001 — C-10.15 242
Certificate of Minister 242 A document that purports to have been issued by the Minister and certifies the day on which the Minister became aware of a violation is evidence, without proof of the signature or official character of the person appearing to have signed the document, that the Minister became aware of the violation on that day.
Canada Shipping Act, 2001 — C-10.15 243
When compliance agreement in effect 243 If a violation arising out of the contravention of any provision of Part 4, 8 or 9 or the regulations made under those Parts is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled. 2001, c. 26, s. 243; 2018, c. 27, s. 708
Canada Shipping Act, 2001 — C-10.15 244
Regulations 244 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations (a) respecting clearances for departure from a port in Canada; (b) respecting the investigation of shipping casualties, the alleged contravention of a relevant provision or an incident that involved a vessel and that, in the opinion of the Minister, jeopardized the safety of persons; (c) respecting the detention of vessels, including the review of detention orders; (d) [Repealed, 2019, c. 1, s. 149] (e) respecting the sale of a vessel under section 226, including measures that must be taken before the vessel is sold and the manner of establishing, and the priority of payment of, claims against the vessel; (f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision, or the contravention of a direction given under a relevant provision, that is an offence under this Act; (g) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued; (h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction; (i) respecting emergency and safety procedures for the purpose of paragraph 211(4)(d.1); (j) respecting the service of documents required or authorized to be served under this Part, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served; and (k) prescribing anything that by this Part is to be prescribed. 2001, c. 26, s. 244, c. 29, s. 72; 2014, c. 29, s. 75; 2018, c. 27, s. 709 2019, c. 1, s. 149
Canada Shipping Act, 2001 — C-10.15 245
Contravention of Act 245 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) a direction given under subsection 211(3) (to stop a vessel or proceed as specified); (a.1) a direction given under subsection 211(3.1) (direction to authorize a vessel); (b) a direction given under any of paragraphs 211(4)(a) to (e) (to answer reasonable questions, to provide reasonable assistance, to prohibit or limit access to part of a vessel, to operate or cease operating machinery or equipment, to not move a vessel, to muster crew or carry out emergency or safety procedures or to produce documents); (c) section 215 (proceed to sea with a person without their consent); (d) subsection 218(1) (disciplining employee); (e) subsection 222(9) (giving clearance to detained vessel); (f) subsection 222(10) (moving detained vessel); (g) section 223 (wilfully interfering with service of notice); or (h) a direction given under subsection 227(1) (not to enter or to leave Canadian waters). Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both. 2001, c. 26, s. 245 2023, c. 26, s. 418
Canada Shipping Act, 2001 — C-10.15 246
Contravention of Act or regulations 246 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) a direction given under subsection 212(2) (to store something); (b) section 213 (departing without clearance); and (c) a provision of the regulations made under this Part. Punishment (2) Every person who, or vessel that, 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. 2001, c. 26, s. 246; 2015, c. 3, s. 25(F)
Canada Shipping Act, 2001 — C-10.15 247
Definition of carrier 247 In sections 248 and 250, carrier means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.
Canada Shipping Act, 2001 — C-10.15 248
Carrier’s lien 248 (1) A carrier has, on goods carried under a contract of carriage, a lien for any amount that is due to the carrier under the contract for freight or costs of storing, disposing of or preserving the goods. Notice of lien to owner of goods (2) Before exercising a lien, a carrier must give notice of it to the owner of the goods, specifying the amount claimed and the particulars of the claim. Notice of lien to third parties (3) If the carrier places the goods in the custody of a third party and gives the third party notice of the lien and the third party does not retain them until notified by the carrier that the lien is discharged or does not return them to the carrier, the third party is liable to the carrier. The third party may charge the carrier for storing the goods or for any reasonable action taken to preserve them or to protect property or human life from damage they may cause. Third party’s protection (4) A third party who retains goods until notified by the carrier that the lien is discharged or who returns them to the carrier is not liable to the owner of the goods, regardless of whether the lien claimed by the carrier is valid.
Canada Shipping Act, 2001 — C-10.15 249
Sale or other disposition of goods 249 (1) If an owner of goods does not take delivery of the goods after notice of delivery has been given or fails to discharge a lien after it is exercised, the carrier may (a) sell them by public auction at any time that is 90 days after the notice of delivery is given and 10 days after giving notice of the time and place of the auction in a newspaper that is circulated in the vicinity of the auction; or (b) if the goods are perishable or pose a threat to public health or safety, sell or otherwise dispose of them in the manner and for the price that is reasonable in the circumstances after giving notice of the sale or other disposition to the owner of the goods. Application of proceeds of disposition (2) The proceeds of the disposition must be credited toward payment of the amounts due or payable under the contract of carriage or any other amounts reasonably incurred for storing, disposing of or preserving the goods. Any surplus must be paid to the owner of the goods.
Canada Shipping Act, 2001 — C-10.15 250
Responsibility for goods 250 Subject to Part 5 of the Marine Liability Act , carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water. 2001, c. 26, ss. 250, 324
Canada Shipping Act, 2001 — C-10.15 251
Actions in rem 251 (1) A person who has contracted with the authorized representative or a bare-boat charterer of a vessel in Canada to provide stevedoring may maintain an action in rem in the Federal Court, or any court of competent jurisdiction whose rules provide for in rem procedure in respect of vessels, for a claim in respect of the stevedoring. Limitation (2) The right of action in rem referred to in subsection (1) may be exercised only while the vessel is chartered to the bare-boat charterer and only if the bare-boat charterer is joined as a defendant. Does not affect other rights (3) For greater certainty, nothing in this section limits the right of a person to maintain an action in rem for stevedoring under Canadian maritime law, within the meaning of subsection 2(1) of the Federal Courts Act . Definition of stevedoring (4) In this section, stevedoring includes trimming, lighterage and the supply of any goods or services in relation to stevedoring. 2001, c. 26, s. 251; 2002, c. 8, s. 195
Canada Shipping Act, 2001 — C-10.15 252
Proof of offence 252 (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act or a pollution response officer, whether or not the person on board has been identified. Directions (2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel, is deemed to have been given to the vessel. 2001, c. 26, s. 252; 2005, c. 29, s. 33; 2014, c. 29, s. 76
Canada Shipping Act, 2001 — C-10.15 253
Damage to environment and risk of death or harm to persons 253 (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act, (a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or (b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or bodily harm to another person. Criminal negligence (2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code .
Canada Shipping Act, 2001 — C-10.15 254
Persons 254 (1) No person may be found guilty of an offence under this Act if the person establishes that they exercised due diligence to prevent its commission. Vessels (2) No vessel may be found guilty of an offence under this Act if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Canada Shipping Act, 2001 — C-10.15 255
Court order 255 If a person is convicted of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order (a) if the person is the holder of a Canadian maritime document, prohibiting the person from doing any act or thing authorized by the document at all times while the document is in force or for the period or at the times and places that may be specified in the order; or (b) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.
Canada Shipping Act, 2001 — C-10.15 256
Limitation period 256 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister of Transport or the Minister of Fisheries and Oceans, as the case may be, becomes aware of the subject-matter of the proceedings. Certificate of Minister (2) A document that purports to have been issued by the Minister referred to in subsection (1), and that certifies the day on which that Minister became aware of the subject-matter of the proceedings, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject-matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than two months after they arrive in Canada.