Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Defence available in certain cases

260. It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given

• (a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and

• (b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.

Marginal note:Depositions received when witness cannot be produced

• 261. (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if

  • (a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada;

  • (b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and

  • (c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer.

• Marginal note:Certificate as evidence

  (2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused.

• Marginal note:Certified copies

  (3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.

Marginal note:Examination of persons before trial

• 262. (1) A crew member who is likely to be obliged to leave the province in which an offence under this Act is prosecuted, or a witness who is sick, infirm or about to leave the province, may be examined before a commissioner for oaths or other proper authority in the same manner that a deposition is taken in a civil case.

• Marginal note:Use of examination

  (2) An examination under subsection (1) may be used at the trial or proceeding in respect of which it was taken if the crew member or witness is unable to attend or cannot be produced.

Marginal note:No stay of proceedings without order

263. The proceedings on a conviction or an order may not be stayed by reason of an application to remove the conviction or order to a superior court or of a notice of such an application unless the court or judge to whom the application is made or is to be made orders a stay of proceedings on special cause being shown.