GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pilotage Act — P-14 46
Pilotage to and from St. Lambert Lock 46 (1) Despite the boundaries of the regions set out in the schedule in respect of the Great Lakes Pilotage Authority and the Laurentian Pilotage Authority, and despite the boundaries of any compulsory pilotage area, (a) a pilot licensed for a compulsory pilotage area that is in the region of the Great Lakes Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall north of St. Lambert Lock into that Lock; (b) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship from the wait wall south of St. Lambert Lock or from within that Lock into the region set out in respect of the Laurentian Pilotage Authority in the schedule; and (c) a pilot licensed for a compulsory pilotage area that is in the region of the Laurentian Pilotage Authority and that is specified in the regulations may pilot a ship either directly or from the wait wall north of St. Lambert Lock into that Lock. Revenue from St. Lambert Lock (2) The Governor in Council may make regulations prescribing procedures to ensure the equitable distribution, between the Great Lakes Pilotage Authority, and the Laurentian Pilotage Authority, of the revenue received for pilotage through St. Lambert Lock. R.S., 1985, c. P-14, s. 46; 1998, c. 10, s. 158 2019, c. 29, s. 250
Pilotage Act — P-14 46.01
Powers 46.01 (1) The Minister may administer and enforce this Act using electronic means. Authorized persons (2) For greater certainty, any person or class of persons who are designated under section 46.1 as authorized persons may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister. Delegation (3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under this Act may do so using the electronic means that are made available or specified by the Minister. Decision by automated system (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister to make a decision under this Act, and may be used by an authorized person to make a decision under this Act if the system is made available to the authorized person by the Minister. 2019, c. 29, s. 251
Pilotage Act — P-14 46.02
Conditions for electronic version 46.02 If this Act requires a signature to be provided, an application, request or decision to be made, notice to be given, information to be provided or a document to be submitted in its original form, the electronic version of the signature, application, request or decision, notice, information or document meets the requirement if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and (b) any other requirements that may be provided for in the regulations have been met. 2019, c. 29, s. 251
Pilotage Act — P-14 46.03
Regulations 46.03 (1) The Governor in Council may make regulations respecting the application of section 46.01 and paragraph 46.02(b), including regulations respecting (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and (b) the date and time when, and the place where, an electronic version of an application, request, decision, document, notice or any information is deemed to be sent or received. Requirement to use electronic means (2) The regulations may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using electronic means, including an electronic system. The regulations may also include provisions respecting those means, including that system, respecting the circumstances in which that application or request may be made, the notice may be given, the document may be submitted or the information may be provided by other means, and respecting those other means. Minister’s power (3) The regulations may prescribe the circumstances in which the Minister may require a person or ship that makes an application or request, gives notice, submits any document or provides information under this Act to do so using any means that are specified by the Minister. Electronic payments (4) The regulations may (a) require that payments that are to be made or evidence of payment that are to be provided under this Act are to be made or provided by means of an electronic system; (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means, and respecting those other means; and (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received. 2019, c. 29, s. 251
Pilotage Act — P-14 46.1
Designation by Minister 46.1 The Minister may designate persons or classes of persons as authorized persons for the purposes of the administration and enforcement of this Act and may limit in any manner that he or she considers appropriate the powers that the authorized persons may exercise under this Act. 2019, c. 29, s. 252
Pilotage Act — P-14 46.11
Certificate of designation 46.11 The Minister shall provide every authorized person with a certificate of their designation and, if the authorized person’s powers are limited under section 46.1, the certificate is to specify the powers that the authorized person may exercise. 2019, c. 29, s. 252
Pilotage Act — P-14 46.12
Authority to enter 46.12 (1) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a ship, in which the authorized person has reasonable grounds to believe that (a) there is anything to which this Act applies; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or (c) there is any book, record, electronic data or other document relating to the application of this Act. Powers on entry (2) The authorized person may, for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any document, in the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination, testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to the authorized person’s satisfaction. Powers — direction to provide information (3) An authorized person may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) direct any person to provide any information; and (b) direct a ship, if it is about to enter or is within Canadian waters, to provide any information. Powers — direction to ship (4) If an authorized person has reasonable grounds to believe that an offence under this Act has been committed, they may direct a ship that is about to enter or is within Canadian waters (a) to stop; (b) to proceed through those waters, or to proceed to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify; (c) to proceed out of those waters by the route and in the manner that they may specify; or (d) to remain outside those waters. 2019, c. 29, s. 252
Pilotage Act — P-14 46.13
Dwelling house or living quarters 46.13 (1) An authorized person shall not enter a dwelling house or living quarters under subsection 46.12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in. Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling house or living quarters are a place referred to in subsection 46.12(1); (b) entry to the dwelling house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant to enter a dwelling house or living quarters, an authorized person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2019, c. 29, s. 252 2022, c. 17, s. 65
Pilotage Act — P-14 46.14
Disposition of sample 46.14 (1) An authorized person who takes a sample under paragraph 46.12(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination. Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Attendance of person (4) The party against which the certificate or report is produced may, with leave of the court or of the Tribunal, require for the purposes of cross-examination the attendance of the person that issued it. Notice (5) The certificate or report may be admitted in evidence only if the party that intends to produce it has given to the party against which it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report. 2019, c. 29, s. 252
Pilotage Act — P-14 46.15
Return of anything removed 46.15 (1) Anything removed under paragraph 46.12(2)(j) is to be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the authorized person’s opinion, is no longer useful; or (b) the owner is unknown or cannot be located. Thing not returned (2) An authorized person may dispose of anything that is not returned under subsection (1) in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General. 2019, c. 29, s. 252
Pilotage Act — P-14 46.16
Interference 46.16 Unless authorized by an authorized person, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 46.12(2)(h) or anything removed under paragraph 46.12(2)(j). 2019, c. 29, s. 252
Pilotage Act — P-14 46.17
Seizure 46.17 For the purpose referred to in subsection 46.12(1), an authorized person may seize and detain anything (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations. 2019, c. 29, s. 252
Pilotage Act — P-14 46.18
Custody of thing seized 46.18 If an authorized person seizes a thing, the authorized person, or any person that they may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code . 2019, c. 29, s. 252
Pilotage Act — P-14 46.19
Liability for costs and expenses 46.19 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act. 2019, c. 29, s. 252
Pilotage Act — P-14 46.21
Interference with service of notice 46.21 It is prohibited for a person to knowingly interfere with the service of a notice of a detention order. 2019, c. 29, s. 252
Pilotage Act — P-14 46.22
Permission or direction to move ship 46.22 (1) The Minister may, in respect of a ship that is subject to a detention order, (a) on application made by the authorized representative of the ship or, in the absence of an authorized representative, the person in charge of the ship, permit the ship to be moved in accordance with the Minister’s directions; and (b) on application made by the owner of a dock — or by the person in charge of a place — at which the detained ship is situated, direct the authorized representative or person in charge of the ship to move it in accordance with the Minister’s directions. Non-compliance with paragraph (1)(b) (2) If a person does not comply with a direction given to them under paragraph (1)(b) 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 ship, the Minister may authorize the applicant to move the ship in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner. 2019, c. 29, s. 252
Pilotage Act — P-14 46.23
Accompanying person 46.23 (1) If an authorized person enters a place under subsection 46.12(1), they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act. Entry on private property (2) An authorized person and a person accompanying them may enter private property – other than a dwelling house or living quarters – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 46.12(1). 2019, c. 29, s. 252
Pilotage Act — P-14 46.24
Duty to assist 46.24 The owner of a place that is entered by an authorized person under subsection 46.12(1), the person in charge of the place and every person in it shall give all assistance to the authorized person that is reasonably required to enable the authorized person to exercise their powers or perform their duties or functions under this Act and shall provide the authorized person with any document or information, or access to any data, that they may reasonably require. 2019, c. 29, s. 252
Pilotage Act — P-14 46.25
Obstruction 46.25 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, an authorized person who is exercising powers or performing duties or functions under this Act. 2019, c. 29, s. 252
Pilotage Act — P-14 46.26
Violation — person 46.26 (1) Every person that contravenes a provision or direction that is designated as a violation in the regulations commits a violation and is liable to a penalty. Violation — ship (2) Every ship that contravenes any of the following commits a violation and is liable to a penalty: (a) a direction given under paragraph 46.12(3)(b) or subsection 46.12(4); or (b) a provision the contravention of which is designated as a violation by the regulations. Continuing violation (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. Penalty (4) The maximum amount payable as the penalty for a violation set out in subsection (1) or (2) is $250,000 and the total maximum amount payable for a related series or class of violations is the amount set out in the regulations. Purpose of penalty (5) The purpose of the penalty is to promote compliance with this Act and not to punish. Clarification (6) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other. Nature of violation (7) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence defence — person (8) A person is not to be found to be liable for a violation under this Act if they establish that they exercised due diligence to prevent its commission. Due diligence defence — ship (9) A ship is not to be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission. 2019, c. 29, s. 252
Pilotage Act — P-14 46.27
Assurance of compliance or notice of violation 46.27 (1) If the Minister has reasonable grounds to believe that a person or ship has committed a violation, the Minister may (a) enter into an assurance of compliance with the person or ship that (i) identifies the violation and provides that the person or ship will comply with the provision to which the violation relates within the period, and be subject to the conditions, specified in the assurance, (ii) sets out the amount and form of any security that, pending compliance with the assurance, is to be deposited with the Minister, and (iii) sets out the amount of the penalty that the person or ship would have been liable to pay for the violation if the assurance had not been entered into; or (b) issue, and cause to be served on the person or ship, a notice of violation that names the person or ship, identifies the violation and sets out (i) the amount of the penalty that the person or ship is liable to pay for the violation, (ii) the period, being 30 days after the day on which the notice is served, within which the penalty is to be paid or a review is to be requested, and (iii) particulars of the manner in which, and the place at which, the penalty is to be paid or a review is to be 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 or ship is unable to comply with the assurance of compliance for reasons beyond the person’s or ship’s control. Short-form description (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation. 2019, c. 29, s. 252
Pilotage Act — P-14 46.28
Deemed violation 46.28 (1) A person or ship that enters into an assurance of compliance under paragraph 46.27(1)(a) 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 or ship 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 subsection 46.3(1), file a request with the Tribunal for 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 46.33(1)(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested. 2019, c. 29, s. 252
Pilotage Act — P-14 46.29
When assurance of compliance complied with 46.29 If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has complied with it, he or she shall cause a notice to that effect to be served on the person or ship and, on the service of the notice, (a) no further proceedings may be taken against the person or ship with respect to the violation in respect of which the assurance was entered into; and (b) any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship. 2019, c. 29, s. 252
Pilotage Act — P-14 46.3
When assurance of compliance not complied with 46.3 (1) If the Minister is of the opinion that a person or ship that has entered into an assurance of compliance under paragraph 46.27(1)(a) has not complied with it, the Minister may cause a notice of default to be served on the person or ship to the effect that, unless a member determines under section 46.31, or an appeal panel decides under section 46.34, that the assurance has been complied with, (a) the person or ship is liable to pay double the amount of the penalty set out in the assurance; or (b) the security deposited under subparagraph 46.27(1)(a)(ii) is forfeited to Her Majesty in right of Canada. Contents of notice (2) The notice of default is to include the place at which and the date being 30 days after the day on which the notice is served, on or before which a request for a review may be filed, and the particulars concerning the procedure for requesting a review. No set-off or compensation (3) On the service of a notice of default, the person or ship served has no right of set-off or compensation against any amount spent by the person or ship under the assurance of compliance. 2019, c. 29, s. 252
Pilotage Act — P-14 46.31
Request for review 46.31 (1) A person or ship served with a notice under subsection 46.3(1) may, on or before the date specified in the notice or within any further time that the Tribunal on application allows, file with the Tribunal a written request for a review of the Minister’s decision made under that subsection. Date, time and place for review (2) On receipt of the request, the Tribunal shall appoint a date, time and place for the review and shall notify the Minister and the person or ship that filed the request of the date, time and place in writing. Review procedure (3) The member of the Tribunal who is assigned to conduct the review shall provide the Minister and the person or ship with an opportunity that is 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 ship did not comply with the assurance of compliance referred to in the notice. The person is not required, and is not to be compelled, to give any evidence or testimony in the matter. Defence not available (5) Despite subsections 46.26(8) and (9), a person or ship does not have a defence by reason that the person or ship exercised due diligence to comply with the assurance of compliance. Determination by member (6) At the conclusion of the review, the member who conducts the review may confirm the Minister’s decision or determine that the person or ship has complied with the assurance of compliance and shall without delay inform the parties of his or her decision. 2019, c. 29, s. 252