Pilotage Act — P-14 46.2
Detention order 46.2 (1) An authorized person may order the detention of a ship if the authorized person has reasonable grounds to believe that an offence under this Act has been committed by or in respect of the ship. Order in writing (2) The detention order is to be in writing and be addressed to every person empowered to grant clearance to the ship. Service of detention order notice (3) Subject to subsection (4), notice of a detention order is to be served (a) by delivering a copy of the notice to the authorized representative of the ship or, in the absence of an authorized representative, a person in charge of the ship; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the ship. Public notice of detention order (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given. Contents of notice (5) The notice is to indicate (a) the measures that are to be taken for the detention order to be rescinded; and (b) the amount and form of any security that is to be deposited with the Minister. Notification of foreign state (6) If the ship that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made. Movement of ship prohibited (7) Subject to subsection 46.22(1), it is prohibited for a person to move a ship that is subject to a detention order. Granting clearance prohibited (8) It is prohibited for a person to which a detention order is addressed, after they have received notice of the order, to grant clearance to the ship that is subject to the order, unless they have been notified that the order has been rescinded. Rescission of order (9) An authorized person may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an authorized person shall rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister. Notice of rescission (10) An authorized person who rescinds a detention order shall notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on which the notice was served under paragraph (3)(a) of the rescission. Liability for costs and expenses (11) The authorized representative of a ship that is subject to a detention order or, in the absence of an authorized representative, the owner of that ship is liable for all costs and expenses resulting from the detention. Return of security (12) If, in the Minister’s opinion, the matter has been resolved, the Minister (a) may apply the security to reimburse Her Majesty in right of Canada, in whole or in part, for any of the costs and expenses resulting from the detention of the ship or to pay to Her Majesty in right of Canada, in whole or in part, any fine or penalty imposed under this Act; and (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid. 2019, c. 29, s. 252