GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pilotage Act — P-14 46.32
Return of security 46.32 Any security deposited under subparagraph 46.27(1)(a)(ii) is to be returned to the person or ship if (a) a notice is served under subsection 46.3(1) and the person or ship pays double the amount of the penalty set out in the assurance of compliance; or (b) a member determines under subsection 46.31(6), or an appeal panel decides under subsection 46.34(3), that the assurance has been complied with. 2019, c. 29, s. 252
Pilotage Act — P-14 46.33
Notice of violation — option 46.33 (1) A person or ship served with a notice of violation under paragraph 46.27(1)(b) may (a) pay the amount of the penalty; or (b) within 30 days after the day on which the notice is 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 is not requested within the period referred to in paragraph (1)(b) or the amount of the penalty is paid, the person or ship is considered to have committed the violation in respect of which the notice is served and proceedings in respect of the violation are ended. Date, time and place for review (3) On receipt of a request filed under paragraph (1)(b), 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 (4) The member of the Tribunal 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 (5) The burden is on the Minister to establish that the person or ship committed the violation 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. Determination by member (6) At the conclusion of the review, the member who conducts the review shall, without delay and in writing, inform the Minister and the person or ship (a) that the person or ship has not committed a violation, in which case, subject to section 46.34, no further proceedings under this Act are to be taken against the person or ship in respect of the alleged violation; and (b) that the person or ship has committed a violation, in which case, subject to subsections 46.26(4) and (5) and the regulations, the member shall inform the Minister and the person or ship of the amount determined by the member to be payable to the Tribunal by or on behalf of the person or ship and the period within which it is to be paid. 2019, c. 29, s. 252
Pilotage Act — P-14 46.34
Right of appeal 46.34 (1) The Minister or the person or ship that requested the review may, within 30 days after the day on which a determination is made under subsection 46.31(6) or 46.33(6), appeal the determination to the Tribunal. Loss of right of appeal (2) A party that does not appear at the 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) At the conclusion of the review, the appeal panel of the Tribunal that is assigned to hear the appeal may (a) in the case of a determination made under subsection 46.31(6), dismiss the appeal, or allow the appeal and substitute its own decision; or (b) in the case of a determination made under subsection 46.33(6), dismiss the appeal, or allow the appeal and, subject to subsections 46.26(4) and (5) and the regulations, substitute its own decision. Notice of decision (4) The appeal panel shall inform the parties of its decision without delay and shall specify the period within which any amount determined by the appeal panel to be payable to the Tribunal is to be paid. 2019, c. 29, s. 252
Pilotage Act — P-14 46.35
Debts due to Her Majesty 46.35 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of a penalty set out in a notice of violation referred to in paragraph 46.27(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 46.33(1); (b) the amount of a penalty set out in a notice of default referred to in subsection 46.3(1), from the date the notice is served, unless a review is requested under subsection 46.31(1); (c) the amount of a penalty determined by a member under section 46.33, or decided by an appeal panel under section 46.34, from the expiry of the period specified in the decision for the payment of that amount; and (d) the amount of any costs and expenses referred to in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable. Liability (3) A person or ship that is liable to pay an amount referred to in paragraph (1)(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. 2019, c. 29, s. 252
Pilotage Act — P-14 46.36
Certificate of default 46.36 (1) All or part of a debt referred to in subsection 46.35(1) in respect of which there is a default of payment may be certified by the Minister or the Tribunal, as the case may be. Effect of registration (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 proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration. 2019, c. 29, s. 252
Pilotage Act — P-14 46.37
Manner of service 46.37 (1) A notice referred to in any of sections 46.27, 46.29, 46.3 and 46.45 is to be served (a) in the case of an individual, (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence; (b) in the case of a person other than an individual, (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business; and (c) in the case of a ship, (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the ship, (ii) by posting a copy of it on any conspicuous part of the ship, (iii) by leaving a copy of it with the owner or operator of the ship, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or (iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the ship or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business. Proof of service (2) Service may be proved by (a) an acknowledgement of service signed by the person served or on behalf of the person or ship served, specifying the date and location of service; (b) a certificate of service, signed by the person who effected the service, indicating the name of the person or ship served and the means by which and day on which service was effected; or (c) a record of electronic transmission setting out the date and time of transmission. Date service effective (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective, (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; and (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission. 2019, c. 29, s. 252
Pilotage Act — P-14 46.38
Proof of violation by ship 46.38 It is sufficient proof that a ship has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the ship, whether or not the person has been identified. 2019, c. 29, s. 252
Pilotage Act — P-14 46.39
Party to violation committed by ship 46.39 (1) If a ship commits a violation under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the ship has been proceeded against under sections 46.27 to 46.36. Party to violation committed by corporation (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 46.27 to 46.36. 2019, c. 29, s. 252
Pilotage Act — P-14 46.4
Violation by employee or agent or mandatary 46.4 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act. 2019, c. 29, s. 252
Pilotage Act — P-14 46.41
Direction to ship 46.41 For the purposes of a proceeding against a ship for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the ship if (a) it is given to the authorized representative or a person in charge of the ship; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. 2019, c. 29, s. 252
Pilotage Act — P-14 46.42
Limitation or prescription period 46.42 A notice of violation may be issued no later than two years after the day on which an authorized person becomes aware of the violation. 2019, c. 29, s. 252
Pilotage Act — P-14 46.43
Certificate 46.43 A document that purports to have been issued by an authorized person and that certifies the day on which they became aware of a violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the authorized person became aware of the violation on that day. 2019, c. 29, s. 252
Pilotage Act — P-14 46.44
Disclosure of notices of violation and default 46.44 The Minister shall keep a public record of notices of violation and notices of default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or ship that committed it and the amount of the penalty. 2019, c. 29, s. 252
Pilotage Act — P-14 46.45
Notations removed 46.45 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which a person or ship has paid every penalty that the person or ship is liable to pay under this Act, the Minister shall remove a notice of violation or notice of default from the public record of notices of violation or default along with all the other information kept in the public record with respect to the violation or default. Duty to notify (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she shall give notice of that fact to the person or ship in writing, and provide the grounds for that opinion. Contents of notice (3) The notice 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. Request for review (4) The person or ship 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 subsection (2). Date, time and place for review (5) 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 (6) The member of the Tribunal 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. 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 or ship that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Tribunal. Loss of right of appeal (9) A person or ship that does not appear at the review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (10) The appeal panel of the Tribunal that is assigned to hear the appeal may dismiss the appeal or refer the matter back to the Minister for reconsideration. 2019, c. 29, s. 252
Pilotage Act — P-14 46.46
Regulations 46.46 The Governor in Council may make regulations (a) designating as a violation the contravention of (i) any specified provision of this Act or of the regulations, or (ii) any direction given under any specified provision of this Act; (b) establishing a penalty, or a range of penalties, in respect of a violation, up to the maximum amount set out in subsection 46.26(4); (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (d) setting out the total maximum amount payable for a related series or class of violations; (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and (f) respecting persons that may request a review on behalf of a ship in relation to an alleged violation by the ship. 2019, c. 29, s. 252
Pilotage Act — P-14 47
Proceeding without a pilot — persons 47 (1) The owner, master or person in charge of a ship commits an offence if the ship is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Proceeding without a pilot — ship (2) A ship commits an offence if it is subject to compulsory pilotage and proceeds through a compulsory pilotage area without being under the conduct of a licensed pilot for that compulsory pilotage area or a regular member of the ship’s complement who is a pilotage certificate holder for that compulsory pilotage area. Non-application (3) Subsections (1) and (2) do not apply if (a) the master of the ship takes the conduct of it in accordance with subsection 38.02(1); (b) the relevant Authority waives compulsory pilotage; or (c) the ship is in Canadian waters that are contiguous with waters of the United States, the ship is under the conduct of an individual who is authorized to have the conduct of a ship by an appropriate authority of the United States and the conditions set out in the regulations are met. Punishment — individuals (4) Every individual who 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. Punishment — other persons (5) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000. Punishment — ships (6) Every ship that commits an offence under subsection (2) is liable on summary conviction to a fine of not more than $1,000,000. R.S., 1985, c. P-14, s. 47 2019, c. 29, s. 253
Pilotage Act — P-14 48
Offence — persons 48 (1) Every person commits an offence that contravenes (a) a provision of this Act, other than section 15.3 or subsection 47(1); (b) a provision of the regulations; (c) a direction under subsection 46.12(2) or (3); (d) a direction under subsection 46.22(1); or (e) a direction under section 52.3. Punishment — individuals (2) Every individual who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000 or to imprisonment for a term of not more than 12 months, or to both. Punishment — other persons (3) Every person, other than an individual, that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000. R.S., 1985, c. P-14, s. 48; 1998, c. 10, s. 154; 2001, c. 26, s. 318; 2008, c. 21, s. 62(F) 2019, c. 29, s. 253
Pilotage Act — P-14 48.1
Contravention of section 15.3 48.1 A person that contravenes section 15.3 commits an offence and is liable on summary conviction to a fine of not more than $10,000 for each day on which the offence is committed or continued but is not liable to imprisonment. 1998, c. 10, s. 155 2019, c. 29, s. 253
Pilotage Act — P-14 48.11
Offence — ships 48.11 (1) Every ship commits an offence that contravenes (a) subsection 52.1(2) or 52.2(5); (b) a provision of the regulations; or (c) a direction given under paragraph 46.12(3)(b) or subsection 46.12(4). Punishment (2) Every ship that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $500,000. 2019, c. 29, s. 253
Pilotage Act — P-14 48.2
Continuing offences 48.2 An offence under section 48 or 48.11 that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. 2019, c. 29, s. 253
Pilotage Act — P-14 48.3
Court order 48.3 If a person is convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from performing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence; (c) prohibiting the person from exercising the rights or privileges of a licence, pilotage certificate, waiver or exemption order under this Act for the period or at the times and places that may be specified in the order; and (d) prohibiting the person from operating a ship or providing services essential to the operation of a ship for the period or at the times and places that may be specified in the order. 2019, c. 29, s. 253
Pilotage Act — P-14 48.4
Service on ship 48.4 (1) If a ship is charged with an offence under this Act, the summons is to be served (a) by delivering it 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 the summons on any conspicuous part of the ship. Appearance at trial (2) If a ship is charged with an offence under this Act, the ship may appear by counsel or representative before the court. Despite the Criminal Code , if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. 2019, c. 29, s. 253
Pilotage Act — P-14 48.5
Proof of offence by ship 48.5 In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the ship, whether or not the person has been identified. 2019, c. 29, s. 253
Pilotage Act — P-14 48.6
Party to offence committed by ship 48.6 (1) If a ship commits an offence under this Act and a person in charge of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted. Party to offence committed by corporation (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. 2019, c. 29, s. 253
Pilotage Act — P-14 48.7
Offence by employee or agent or mandatary 48.7 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act. 2019, c. 29, s. 253
Pilotage Act — P-14 48.8
Direction to ship 48.8 For the purposes of prosecuting a ship for contravening a direction given under this Act, a direction is deemed to have been given to the ship if (a) it is given to the authorized representative or a person in charge of the ship; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the ship. 2019, c. 29, s. 253
Pilotage Act — P-14 49
Due diligence defence — persons 49 (1) A person is not to be found guilty of an offence under this Act, other than in relation to a contravention of section 46.16, 46.21 or 46.25, if they establish that they exercised due diligence to prevent its commission. Due diligence defence — ships (2) A ship is not to be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission. R.S., 1985, c. P-14, s. 49; 1998, c. 10, s. 156; 2001, c. 26, s. 318 2019, c. 29, s. 253