FUNCTION AND POWERS OF AGENCY
Marginal note:Function of Agency
8. (1) In relation to an application for a licence, the Agency shall make the determinations referred to in paragraphs 4(1)(a) and (b) and 5(a) and (b).
(2) The Governor in Council may make regulations prescribing the criteria to be applied by the Agency for the making of the determinations referred to in subsection (1).
9. In making a determination referred to in subsection 8(1), the Agency may request from the applicant for the licence to which the determination relates, and from the owner of any Canadian ship or non-duty ship to which the determination relates, such information and documentation as the Agency deems necessary.
Marginal note:Collection of information
10. In order to carry out its function under this Act the Agency may collect information and keep records concerning the characteristics and uses of Canadian ships and non-duty paid ships.
Marginal note:Unfair practices
11. (1) Where the Minister of Transport is of the opinion that a government of any country has engaged in unfair, discriminatory or restrictive practices with respect to the use of Canadian ships in commercial activities in waters of that country, the Minister of Transport and the Minister of Foreign Affairs shall seek elimination of those practices through consultations with the government of that country.
(2) Where the consultations referred to in subsection (1) fail to result in the elimination of the practices referred to in that subsection, the Governor in Council may, on the recommendation of the Minister of Transport and the Minister of Foreign Affairs, take such action as the Governor in Council considers appropriate.
- 1992, c. 31, s. 11;
- 1995, c. 5, s. 25.
Marginal note:Enforcement officers
12. (1) For the purposes of enforcing this Act, the Minister of Transport may designate any person or class of persons as enforcement officers and shall furnish every enforcement officer with a certificate of that designation.
Marginal note:Production of certificate of designation
(2) In carrying out the duties and functions of an enforcement officer under this Act, an enforcement officer shall, if so requested, produce the certificate of designation referred to in subsection (1) to the person appearing to be in charge of any ship in respect of which the enforcement officer is acting.
13. (1) Where a ship contravenes subsection 3(1), the ship is guilty of an offence and is liable on summary conviction to a fine not exceeding fifty thousand dollars.
Marginal note:Deemed separate offence
(2) Where an offence is committed by a ship under subsection (1) on more than one day or is continued by the ship for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
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