Marine Liability Act (S.C. 2001, c. 6)

Marginal note:Jurisdiction in relation to offences

133. When a person or a ship is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or ship within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

Marginal note:Proof of offence

134. In a prosecution of a ship for an offence under this Act, 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 or any person on board, other than a designated officer, whether or not the person on board is identified.

Marginal note:Limitation period

• 135. (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.

• Marginal note:Minister’s certificate

  (2) A document that purports to have been issued by the Minister and that certifies the day on which he or she became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence that the Minister became aware of the subject matter on that day.

• Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced within two years because the proposed defend-ant is outside Canada, the proceedings may be commenced not later than two months after the defendant returns to Canada.

Marginal note:Application by Minister

• 136. (1) The Minister may apply to any court of competent jurisdiction for an order authorizing him or her to sell a ship that has been detained under section 129 if

  • (a) an information is laid in respect of an offence under subsection 55(1) or (2) or 73(1) or (2) or of a regulation made under paragraph 39(a) or (b), and

    • (i) the security required under paragraph 129(4)(b) is not deposited within the time specified in the detention order,

    • (ii) the person or ship charged is convicted, and

    • (iii) the fine imposed and the expenses incurred in respect of the detained ship have not been paid; and

  • (b) no information is laid and

    • (i) the measures referred to in paragraph 129(4)(a) have not been taken within the time specified in the detention order, and

    • (ii) the expenses incurred in respect of the detained ship have not been paid.

• Marginal note:Court may authorize sale

  (2) A court seized of an application for the sale of a ship may

  • (a) authorize the Minister to sell the ship in the manner and subject to the terms and conditions that it considers appropriate; and

  • (b) on application by the Minister or a person referred to in paragraph 137(1)(b) or (c), give directions concerning the ranking of the interests in the ship.