Canada Marine Act (S.C. 1998, c. 10)

Marginal note: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.

• Marginal note:Living quarters

  (2) An enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occupant.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Marginal note:Notice of detention order to be served on master

• 116. (1) Where a detention order under subsection 115(1) or (2) is made in respect of a ship, notice of the order shall be served on the master of the ship

  • (a) by delivering a copy of it personally to the master; or

  • (b) if personal service is not reasonably practicable,

    • (i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or

    • (ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.

• Marginal note:Offence to depart while under detention

  (2) Where notice of a detention order in respect of a ship is served under subsection (1) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from the port in which it is detained, the master or owner, as the case may be, is guilty of an offence.

• Marginal note:Duty of persons authorized to give clearance

  (3) Subject to subsection (4), no person to whom a detention order is addressed in accordance with subsection 115(4) shall, after receipt of the order, give clearance in respect of the ship to which the order relates.

• Marginal note:When clearance shall be given

  (4) A person to whom a detention order is addressed in accordance with subsection 115(4) and who has received the order shall give clearance in respect of the ship to which the order relates if the person believes on reasonable grounds that

  • (a) security in the amount of $100,000 has been given to, and has been determined satisfactory by, the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be;

  • (a.1) the ship has not been charged with an offence under this Act within 30 days after the making of the detention order;

  • (b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and

    • (i) security satisfactory to the Minister of not more than $5,000 is given to Her Majesty in right of Canada, or

    • (ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued;

  • (c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be;

  • (d) an amount is claimed against the ship for damages referred to in paragraph 115(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, and of a kind satisfactory to them; or

  • (e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 115(1)(c).

• Marginal note:Court may determine amount of security

  (5) Where the owner or master of a ship disputes the amount of security demanded under paragraph (4)(c) or (d), the owner may apply to a court to determine the amount of security.