GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Marine Act — C-6.7 106
Traffic control 106 Subject to regulations made under section 104, a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in the navigable waters designated by the Governor in Council under subsection 104(2), and sections 56 to 59 apply with such modifications as the circumstances require, except that, in making those modifications to section 58, the references in that section to a person or member of a class of persons designated under subsection 58(1) shall be taken to be references to a person or member of a class of persons designated under this section.
Canada Marine Act — C-6.7 107
Ships and cargo 107 (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid. Fees for use (2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft. 1998, c. 10, s. 107; 2008, c. 21, s. 48(F)
Canada Marine Act — C-6.7 108
Enforcement officers 108 (1) The Minister may designate any person or member of a class of persons as an enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated. Area of designation (2) A designation as an enforcement officer is in respect of any of the following areas: (a) a port in respect of which letters patent have been issued to a port authority; (b) a public port or public port facility; (c) all or part of the Seaway; or (d) all or part of the navigable waters designated under subsection 104(2). Certificate to be produced (3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.
Canada Marine Act — C-6.7 109
Powers of enforcement officers 109 (1) An enforcement officer may, for the purpose of ensuring compliance with this Act, other than sections 58, 76, 99 and 106, or of a regulation made under this Act, other than under subsection 27(1), (a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and (b) require any person appearing to be in charge of the ship, vehicle, aircraft, premises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper. Operation of computer systems and copying equipment (2) In carrying out an inspection of a place, an enforcement officer may (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Canada Marine Act — C-6.7 110
Duty to assist enforcement officers 110 The owner or person who is in possession or control of a place that is inspected under section 109, and every person who is found in the place, shall (a) give the enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and (b) provide the enforcement officer with any information relevant to the administration of this Act or the regulations that the officer may reasonably require.
Canada Marine Act — C-6.7 111
Warrant 111 (1) An enforcement officer with a warrant issued under subsection (3) may, at any reasonable time, search any ship, vehicle, aircraft, premises or other place if the officer believes on reasonable grounds that there is in the place (a) anything on or in respect of which an offence under this Act is being or has been committed; or (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act. Seizure (2) An enforcement officer may seize anything found in the course of a search that the officer believes on reasonable grounds is a thing referred to in paragraph (1)(b). Warrant (3) A justice may issue a warrant authorizing the enforcement officer named in it to carry out a search, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist. Use of force (4) In executing a warrant, an enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.
Canada Marine Act — C-6.7 112
Where warrant not necessary 112 (1) Subject to subsection (2), an enforcement officer may exercise the powers described in subsection 111(1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one. Living quarters (2) An enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occupant.
Canada Marine Act — C-6.7 113
Powers during search 113 In carrying out a search of a place under section 111 or 112, an enforcement officer may exercise the powers described in section 109.
Canada Marine Act — C-6.7 114
Entry 114 An enforcement officer or any person accompanying an enforcement officer may, while carrying out an inspection or search under this Act, enter on and pass through or over private property without the owner of the property having the right to object to that use of the property.
Canada Marine Act — C-6.7 115
Detention — enforcement officer 115 (1) An enforcement officer may make a detention order in respect of a ship or goods carried on a ship if the officer believes on reasonable grounds (a) that the ship or the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act or the regulations; (b) that an amount is due and payable for fees or interest imposed under this Act; or (c) that property that is managed by a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) has been damaged by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer. Detention — other (2) A person designated under subsection 58(1) may make a detention order in respect of a ship or goods if the person believes on reasonable grounds that an offence described in subsection 59(1) has been committed by or in respect of the ship. Geographical application of section (3) The power to make a detention order under this section may be exercised only within the area specified in the designation of the enforcement officer or person designated under subsection 58(1). Order to be in writing (4) A detention order made under subsection (1) or (2) shall be in writing and be addressed to all persons who, at the place where the ship is or will be, are authorized to give a clearance in respect of the ship. 1998, c. 10, s. 115; 2008, c. 21, s. 49
Canada Marine Act — C-6.7 117
Sale of ship where no appearance and no security 117 (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where (a) the ship is detained under a detention order in respect of an offence under this Act; (b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order; (c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and (d) the security referred to in paragraph 116(4)(a) or (b) has not been given. Sale of ship where no appearance and no security (2) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where (a) the ship is detained under a detention order for non-payment of fees or interest; (b) proceedings have been commenced against the ship within thirty days after the making of the detention order; (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and (d) the security referred to in paragraph 116(4)(a) or (c) has not been given. Sale of ship where no appearance and no security (3) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where (a) the ship is detained under a detention order in respect of damages referred to in paragraph 115(1)(c); (b) proceedings have been commenced against the ship within thirty days after the making of the detention order; (c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and (d) the security referred to in paragraph 116(4)(a) or (d) has not been given. Sale of ship where appearance but no security (4) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where (a) the ship is detained under a detention order for one of the reasons referred to in paragraphs 115(1)(a) to (c); (b) the ship has been charged with an offence under this Act or proceedings have been brought against it in respect of the non-payment of fees or damages referred to in paragraph 115(1)(c) within thirty days after the making of the detention order; (c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 116(4) has not been given; and (d) the ship is convicted or found liable, as the case may be, and the fine imposed or the amount of the damages and interest is not immediately paid. 1998, c. 10, s. 117; 2008, c. 21, s. 51
Canada Marine Act — C-6.7 118
Notice 118 (1) As soon as is feasible after making an application for the sale of a ship under section 117, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, shall give notice of the application by registered mail to (a) the registrar of the register in which the ship is 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 and the holder of any like interest, if the holder is known to the port authority, the Minister or the person at the time of application. Day notice deemed to be given (2) A notice sent by registered mail is deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt is received by the port authority, the Minister or the person. Relief from giving notice (3) Where the court seized of an application for the sale of a ship is satisfied that it is appropriate to do so, the court may relieve the port authority, the Minister or the person of the obligation to give the notice referred to in subsection (1), or authorize them to give the notice in any other manner the court considers appropriate.
Canada Marine Act — C-6.7 119
Claiming interest 119 (1) Where an application is made for the sale of a ship, the following persons may apply within the periods stated to the court seized of the application for an order described in subsection (2): (a) any person referred to in paragraph 118(1)(b) or (c), within sixty days after the notice required under that paragraph is given to the person; and (b) any other person who claims an interest in the ship as a mortgagee or as the holder of a maritime lien or any like interest, within sixty days after the application is made. Order (2) A court seized of an application made under subsection (1) shall grant the applicant an order declaring the nature, extent and priority of the applicant’s interest at the time of the commission of the offence, the non-payment of the fees or interest or the causing of damages if it is made to appear to the satisfaction of the court that the applicant (a) acquired the interest in good faith before the act or omission for which the ship was detained; and (b) is innocent of any complicity or collusion in respect of the act or omission for which the ship was detained. Appeal (3) A person who makes an application under subsection (1), and the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, may appeal to the court of appeal from an order referred to in subsection (2). Applications under subsection (1) to be heard first (4) A court shall not hear an application for the sale of a ship until all applications made under subsection (1) in respect of the ship have been heard. Court may authorize sale (5) A court seized of an application for the sale of a ship may (a) authorize the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, to sell the ship in the manner and subject to the terms and conditions the court considers appropriate; and (b) on application by the port authority, the Minister or the person, as the case may be, give directions as to the ranking of the interests of persons who have obtained an order referred to in subsection (2).
Canada Marine Act — C-6.7 120
Payment of proceeds 120 (1) If a ship is sold under an order, the proceeds of the sale shall be applied first to satisfy claims for wages of crew members under the Canada Shipping Act, 2001 and then to satisfy the following claims in order of priority: (a) the following amount: (i) the maximum fine that could have been imposed for the offence in a case where subsection 117(1) applies, (ii) the fees and interest due and payable in a case where subsection 117(2) applies, (iii) the amount of the damages in a case where subsection 117(3) applies, or (iv) the fine actually imposed or the amount for which the ship is found liable in a case where subsection 117(4) applies; (b) the costs of the detention and sale; and (c) the interests of persons who have obtained an order referred to in subsection 119(2), according to the ranking directed by the court under paragraph 119(5)(b). Surplus (2) Any surplus of the proceeds of sale remaining after all claims have been satisfied shall be paid to the person registered as the owner of the ship or, in the absence of any registration, to the person who owns the ship. Proceedings against owner (3) Where the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraph (1)(a) or (b), the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, may proceed against the owner of the ship for the balance owing. Clear title (4) On selling a ship pursuant to an order, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim that is in existence at the time of the sale. Registrability not implied (5) Nothing in subsection (4) is to be interpreted as meaning that the ship may be registered in the name of the purchaser. Not duty paid (6) No ship sold pursuant to this section is deemed to have been duty paid under the Customs Tariff by reason only of that sale. At risk, cost and charges of owner (7) Every seizure and detention made under this Act shall be at the risk, cost and charges of the owner of the ship or goods until all amounts due or fines imposed, together with all costs and charges incurred in the seizure and detention and the costs of any conviction obtained, have been paid in full. 1998, c. 10, s. 120; 2001, c. 26, s. 278
Canada Marine Act — C-6.7 121
Sale of perishable goods 121 Where, in the opinion of an enforcement officer, any goods that have been seized and detained under this Act, or that have been abandoned, are likely to rot, spoil or otherwise perish, the officer may sell or otherwise dispose of the goods in the manner and for the price that is reasonable in the circumstances, and the proceeds of the disposition are to be credited toward payment of the amount due or payable in respect of the ship or goods and the expenses incurred in connection with the detention and sale. 1998, c. 10, s. 121; 2008, c. 21, s. 52(F)
Canada Marine Act — C-6.7 122
Lien on ships 122 (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, has at all times a lien on a ship and on the proceeds of its disposition for an amount owing to the port authority, the Minister or the person, and the lien has priority over all other rights, interests, claims and demands, other than claims for wages of crew members under the Canada Shipping Act, 2001 , if the amount is owing in respect of (a) fees and interest in respect of the ship or goods carried on the ship; or (b) damage to property caused by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer. Lien on goods (2) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, has at all times a lien on goods on the property under their jurisdiction for fees and interest owing to them in respect of the goods, the lien having priority over all other rights, interests, claims and demands and they may seize the goods. 1998, c. 10, s. 122; 2001, c. 26, s. 279; 2008, c. 21, s. 53(F)
Canada Marine Act — C-6.7 123
Obstruction of ports 123 (1) Where an enforcement officer is of the opinion that a ship or goods left or abandoned within the enforcement officer’s area of designation as provided in subsection 108(2), impede, interfere with or render difficult or unsafe the use of that area, the officer may direct the person who appears to be in charge of the ship or goods to remove the ship or goods to a place that the officer considers suitable within or outside the area. Detention and removal (2) If a person fails to remove a ship or goods as directed by an enforcement officer under subsection (1) or if no person appears to be in charge of the ship or goods, the officer may detain the ship or goods and remove them to a place that the officer considers suitable, and the costs of the detention and removal are recoverable in the same manner as fees payable under this Act.
Canada Marine Act — C-6.7 124
Rights exercisable 124 The right of a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) to detain a ship or seize goods under this Act is exercisable whether or not title to or possession of the ship or goods is, at the time of the exercise of the right, in the same person as the person who held the title or possession at the time when, in the opinion of the port authority, the Minister or the person, the amount owing first became due and payable.
Canada Marine Act — C-6.7 125
Other remedies 125 Whether or not a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) exercises the right to detain ships and seize goods under this Act, they may proceed against the owner of a ship or goods in any court of competent jurisdiction for the amount owing to them, or for the balance of that amount in the event of the sale of the ship or goods, and may also exercise against the owner of the ship or goods any other right or remedy available at law.
Canada Marine Act — C-6.7 126
Offence 126 A person is guilty of an offence if the person (a) fails to comply with any reasonable requirement of an enforcement officer in the course of carrying out duties and functions under this Act; (b) knowingly makes a false or misleading statement, either orally or in writing, to an enforcement officer; or (c) otherwise obstructs or hinders an enforcement officer.
Canada Marine Act — C-6.7 127
Offence and fine 127 (1) A person or ship that contravenes a provision of this Act, except section 107, or of the regulations made under paragraph 27(1)(a), or of the regulations made under this Act for which no penalty is otherwise provided is guilty of an offence and liable to a fine of not more than $5,000 in the case of an individual, and of not more than $50,000 in the case of a corporation or ship. Proof of offence by ship (1.1) If a ship is prosecuted for an offence under a provision of this Act, except section 107, or of the regulations, 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 the master of the ship or any person on board the ship, whether or not the person on board has been identified. By-laws (1.2) No person is guilty of an offence under this Act for a contravention of a by-law made under section 30. Defence (2) No person or ship shall be found guilty of an offence under this Act if the person or ship establishes that the person or ship exercised due diligence to prevent its commission. Code of conduct (3) Notwithstanding subsection (1), a director or officer of a port authority is not guilty of an offence under this Act for non-compliance with the code of conduct set out in the letters patent of the port authority. 1998, c. 10, s. 127; 2008, c. 21, s. 54
Canada Marine Act — C-6.7 128
Separate offence 128 (1) When an offence under this Act is committed by a person or ship on more than one day or is continued by a person or ship for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued. Limitation period (2) Proceedings in respect of an offence under this Act may be commenced at any time within, but not later than, one year after the time when the subject-matter of the proceedings arose. 1998, c. 10, s. 128; 2008, c. 21, s. 55(E)
Canada Marine Act — C-6.7 129
Order to comply 129 (1) If a person or ship is guilty of an offence under Part 1 or the regulations made under paragraph 27(1)(a), a court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person or ship to comply with those provisions for the contravention of which the person or ship is convicted. Civil remedy not affected (2) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under Part 1 or the regulations made under paragraph 27(1)(a). 1998, c. 10, s. 129; 2008, c. 21, s. 56
Canada Marine Act — C-6.7 129.01
Definition of Appeal Tribunal 129.01 For the purposes of sections 129.06, 129.08 and 129.1 to 129.13, Appeal Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act . 2008, c. 21, s. 57
Canada Marine Act — C-6.7 129.02
Violations 129.02 Every person or ship that contravenes a provision or instruction designated under paragraph 129.03(a) commits a violation and is liable to an administrative monetary penalty not exceeding the maximum established by regulation. 2008, c. 21, s. 57