Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:When compliance agreement in effect
243. If a violation arising out of the contravention of any provision of Part 4 or the regulations made under that Part 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.
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) specifying the circumstances in which a vessel is deemed abandoned;
(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 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 $25,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;
(i) [Repealed, 2001, c. 29, s. 72]
(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.
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