Coasting Trade Act (S.C. 1992, c. 31)

Short Title

Marginal note:Short title

1 This Act may be cited as the Coasting Trade Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Agency

  Agency means the Canadian Transportation Agency; (Office)

  British entity

  British entity means

  • (a) a corporation that is incorporated in the territory of the United Kingdom, or

  • (b) a trust, partnership, joint venture or other association that is formed in the territory of the United Kingdom; (entité britannique)

  Canadian entity

  Canadian entity means

  • (a) a corporation that is incorporated in Canada, or

  • (b) a trust, partnership, joint venture or other association that is formed in Canada; (entité canadienne)

  Canadian ship

  Canadian ship means a Canadian vessel, as defined in section 2 of the Canada Shipping Act, 2001, in respect of which all duties and taxes imposed under the Customs Tariff and the Excise Tax Act have been paid; (navire canadien)

  Canadian waters

  Canadian waters means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada; (eaux canadiennes)

  CETA

  CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

  coasting trade

  coasting trade means

  • (a) the carriage of goods by ship, or by ship and any other mode of transport, from one place in Canada or above the continental shelf of Canada to any other place in Canada or above the continental shelf of Canada, either directly or by way of a place outside Canada, but, with respect to waters above the continental shelf of Canada, includes the carriage of goods only in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada,

  • (b) subject to paragraph (c), the carriage of passengers by ship from any place in Canada situated on a lake or river to the same place, or to any other place in Canada, either directly or by way of a place outside Canada,

  • (c) the carriage of passengers by ship from any place situated on the St. Lawrence River northeast of the Saint Lambert lock or on the Fraser River west of the Mission Bridge

    • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

    • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

  • (d) the carriage of passengers by ship from any place in Canada other than from a place to which paragraph (b) or (c) applies

    • (i) to the same place, without any call at any port outside Canada, other than one or more technical or emergency calls, or

    • (ii) to any other place in Canada, other than as an in-transit call, either directly or by way of a place outside Canada,

  • (e) the carriage of passengers by ship

    • (i) from any place in Canada to any place above the continental shelf of Canada,

    • (ii) from any place above the continental shelf of Canada to any place in Canada, or

    • (iii) from any place above the continental shelf of Canada to the same place or to any other place above the continental shelf of Canada

    where the carriage of the passengers is in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada, and

  • (f) the engaging, by ship, in any other marine activity of a commercial nature in Canadian waters and, with respect to waters above the continental shelf of Canada, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation or transportation of the mineral or non-living natural resources of the continental shelf of Canada; (cabotage)

  continental shelf

  continental shelf[Repealed, 1996, c. 31, s. 66]

  CUKTCA

  CUKTCA has the meaning assigned by the definition Agreement in section 2 of the Canada–United Kingdom Trade Continuity Agreement Implementation Act; (ACCCRU)

  enforcement officer

  enforcement officer means a person designated pursuant to section 12 to be an enforcement officer for the purposes of this Act; (agent de l’autorité)

  EU entity

  EU entity means

  • (a) a corporation that is incorporated in the territory of the European Union, or

  • (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; (entité de l’Union européenne)

  foreign ship

  foreign ship means a ship other than a Canadian ship or a non-duty paid ship; (navire étranger)

  in-transit call

  in-transit call means any call, other than an emergency or technical call, by a ship at any place where passengers go ashore temporarily but who re-board the vessel before the ship leaves that place or are transported by land to another location to re-board the same ship; (escale de transit)

  licence

  licence means a document, issued pursuant to this Act, authorizing a foreign ship or a non-duty paid ship to engage in the coasting trade while in Canadian waters or in waters above the continental shelf of Canada; (licence)

  master

  master, in relation to a ship, has the same meaning as in section 2 of the Canada Shipping Act, 2001; (capitaine)

  non-duty paid ship

  non-duty paid ship means a ship registered in Canada in respect of which any duties and taxes under the Customs Tariff and the Excise Tax Act have not been paid; (navire non dédouané)

  owner

  owner, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship with respect to its possession and use; (propriétaire)

  resident in Canada

  resident in Canada has the meaning given to that expression by section 250 of the Income Tax Act; (résident du Canada)

  ship

  ship has the same meaning as vessel in section 2 of the Canada Shipping Act, 2001; (navire)

  technical call

  technical call means any call, other than an emergency call or an in-transit call, that is for a purpose other than the embarking or disembarking of passengers; (escale technique)

  territory of the European Union

  territory of the European Union means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; (territoire de l’Union européenne)

  territory of the United Kingdom

  territory of the United Kingdom means a territory referred to in Article 1.3, subparagraph (b) of CETA as incorporated by reference in CUKTCA. (territoire du Royaume-Uni)

• Marginal note:Meaning of place

  (2) For the purpose of the definition coasting trade in subsection (1), a place above the continental shelf of Canada includes any ship, offshore drilling unit, production platform, artificial island, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, dredge, floating crane, pipelaying or other barge or pipeline and any anchor, anchor cable or rig pad used in connection therewith.

• Marginal note:Delegation

  (3) Any power, duty or function of the Minister of Public Safety and Emergency Preparedness or the Minister of Transport under this Act may be exercised or performed by any person authorized by that Minister, as the case may be, to do so and, if so exercised or performed, shall be deemed to have been exercised by that Minister.

Regulation of Foreign Ships and Non-duty Paid Ships

Marginal note:Prohibition

• 3 (1) No foreign ship or non-duty paid ship shall, except in accordance with a licence, engage in the coasting trade.

• Marginal note:Application

  (2) Subsection (1) does not apply in respect of any foreign ship or non-duty paid ship that is

  • (a) used as a fishing vessel, as defined by the Coastal Fisheries Protection Act, in any activity governed by that Act and that does not carry any goods or passengers other than goods or passengers incidental to any activity governed by that Act;

  • (b) engaged in any ocean research activity commissioned by the Department of Fisheries and Oceans;

  • (c) operated or sponsored by a foreign government that has sought and received the consent of the Minister of Foreign Affairs to conduct marine scientific research;

  • (c.1) engaged in seismic activities in waters above the continental shelf of Canada that are in relation to the exploration for mineral or non-living natural resources of the continental shelf of Canada;

  • (d) engaged in salvage operations, except where such operations are performed in Canadian waters; or

  • (e) engaged, with the approval of a person designated as a pollution response officer under section 174.1 of the Canada Shipping Act, 2001, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.

• Marginal note:Repositioning of empty containers

  (2.1) Subsection (1) does not apply in respect of carriage between one place in Canada and another, without consideration, of empty containers that are owned or leased by the ship’s owner and of any ancillary equipment that is necessary to ensure the safety, security, containment and preservation of the goods that may be carried in those containers.

• Marginal note:Dredging activities

  (2.11) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by

  • (a) a non-duty paid ship whose owner is a Canadian entity, an EU entity or a British entity; or

  • (b) a foreign ship whose owner is a Canadian entity, an EU entity or a British entity and that is registered in a register other than

    • (i) the Canadian Register of Vessels, or

    • (ii) a register referred to in paragraph (2.2)(a) or (b) or (2.21)(a) or (b).

• Marginal note:Dredging activities — EU registers

  (2.2) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA — carried out by a foreign ship whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control and that is registered in

  • (a) the first, or domestic, register of a member state of the European Union; or

  • (b) a second, or international, register of a member state of the European Union.

• Marginal note:Dredging activities — UK registers

  (2.21) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity that is listed in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA — carried out by a foreign ship whose owner is a Canadian entity, a British entity or an entity that is under Canadian or British control and that is registered in

  • (a) the first, or domestic, register of the United Kingdom; or

  • (b) the second, or international, register of the United Kingdom, or the Gibraltar register.

• Marginal note:Feeder services — continual or single trip

  (2.3) Subsection (1) does not apply in respect of

  • (a) the carriage of goods by a ship that is described in paragraph (2.2)(a) or (2.21)(a), from the port of Halifax — where the goods are loaded — to the port of Montreal, or vice versa, if that carriage is one leg of the importation of the goods into Canada; or

  • (b) the carriage of goods by the ship from the port of Montreal — where the goods are loaded — to the port of Halifax, or vice versa, if that carriage is one leg of the exportation of the goods from Canada.

• Marginal note:Feeder services — single trip

  (2.4) Subject to subsection (2.5), subsection (1) does not apply in respect of the carriage, by a ship that is described in paragraph (2.2)(b) or (2.21)(b), of goods in a container from the port of Montreal to the port of Halifax, or vice versa, if

  • (a) that carriage is one leg of the importation of the goods into or exportation from Canada; and

  • (b) the container is at least 6.1 metres in length and has an internal volume of at least 14 cubic metres, is designed for carrying goods more than once and by one or more modes of transportation, and does not have wheels or is not otherwise built for being driven or drawn.

• Marginal note:Subsequent coasting trade subject to subsection (1)

  (2.5) Once a ship has completed a carriage of goods as described in subsection (2.4), subsection (1) applies to the ship in respect of any such subsequent carriage of goods by the ship, until it departs from the exclusive economic zone of Canada or from the inland waters, as defined in subsection 2(1) of the Customs Act, at a location where the inland waters are contiguous to the United States.

• Marginal note:Provision of information

  (2.6) Before a ship engages, without a licence, in any activities referred to in subsections (2.11) to (2.4) and for which the owner of the ship intends to rely on an exemption under any one of those subsections, the owner shall provide information to an enforcement officer, in the form and manner specified by the Minister, establishing that the ship meets the applicable conditions under any of subsections (2.11) to (2.21).

• Marginal note:Assistance in cases of distress

  (3) Nothing in this section precludes a foreign ship or a non-duty paid ship from rendering assistance to persons, ships or aircraft in danger or distress in Canadian waters.

• Marginal note:United States Wreckers Act

  (4) Subsection (1) does not apply in respect of operations permitted by the United States Wreckers Act.

• Marginal note:DEW Sites

  (5) Subsection (1) does not apply to any ship that is owned by the Government of the United States and used for the sole purpose of transporting goods of Canadian or United States origin owned by the Government of the United States to supply Distant Early Warning Sites.

• Marginal note:Other laws apply

  (6) For greater certainty, any law of Canada that imposes safety or pollution prevention requirements applies to a foreign ship that is exempted from the application of subsection (1).

• Marginal note:Control

  (7) For the purposes of subsection (2.2), an entity is under Canadian or European control

  • (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals:

    • (i) a Canadian citizen,

    • (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) a national of a member state of the European Union; or

  • (b) in the case of a third party entity that is a trust, partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution. 

• Marginal note:Third party entity

  (8) For the purposes of subsection (7), third party entity means

  • (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either Canadian entity or EU entity, that is not incorporated under the law of the United States; or

  • (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or EU entity, that is not formed under the law of the United States.

• Marginal note:Control — CUKTCA

  (9) For the purposes of subsection (2.21), an entity is under Canadian or British control

  • (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals:

    • (i) a Canadian citizen,

    • (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

    • (iii) a national of the United Kingdom; or

  • (b) in the case of a third party entity that is a trust, partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution.

• Marginal note:Third party entity — CUKTCA

  (10) For the purposes of subsection (9), third party entity means

  • (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either Canadian entity or British entity, that is not incorporated under the law of the United States; or

  • (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or British entity, that is not formed under the law of the United States.

Marginal note:Issuance of licence: foreign ship

• 4 (1) Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a foreign ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the foreign ship, where the Minister is satisfied that

  • (a) the Agency has determined that no Canadian ship or non-duty paid ship is suitable and available to provide the service or perform the activity described in the application;

  • (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships;

  • (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the foreign ship in relation to its temporary use in Canada;

  • (d) all certificates and documents relating to the foreign ship issued pursuant to shipping conventions to which Canada is a party are valid and in force; and

  • (e) the foreign ship meets all safety and pollution prevention requirements imposed by any law of Canada applicable to that foreign ship.

• Marginal note:Other laws apply

  (2) For greater certainty, the issuance of a licence pursuant to subsection (1) does not affect the application of any law of Canada that imposes safety or pollution prevention requirements in respect of ships.

Marginal note:Issuance of licence: non-duty paid ship

5 Subject to section 7, on application therefor by a person resident in Canada acting on behalf of a non-duty paid ship, the Minister of Public Safety and Emergency Preparedness shall issue a licence in respect of the non-duty paid ship, where the Minister is satisfied that

• (a) the Agency has determined that no Canadian ship is suitable and available to provide the service or perform the activity described in the application;

• (b) where the activity described in the application entails the carriage of passengers by ship, the Agency has determined that an identical or similar adequate marine service is not available from any person operating one or more Canadian ships; and

• (c) arrangements have been made for the payment of the duties and taxes under the Customs Tariff and the Excise Tax Act applicable to the non-duty paid ship in relation to its temporary use in Canada.

Marginal note:Dredging — provisions not applicable

• 5.1 (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity that is listed either in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA or in Annex 19-1 of Chapter Nineteen of CETA as incorporated by reference in CUKTCA:

  • (a) paragraph 5(a), in the case of an application made on behalf of a ship described in paragraph 3(2.11)(a); and

  • (b) paragraph 4(1)(a), in the case of an application made on behalf of a ship described in subsection 3(2.2) or (2.21).

• Marginal note:Total value of agreement

  (2) Subsection (1) applies only if the total value of the agreement of which the dredging activities form a part is equal to or greater than the threshold — the sum in Canadian dollars which the Minister for International Trade determines to be equivalent, for a period which he or she determines, to 5 million special drawing rights issued by the International Monetary Fund — that is applicable on the day of the issuance of the call or request for bids or tenders related to the activities.

Marginal note:Terms and conditions of licence

• 6 (1) The Minister of Public Safety and Emergency Preparedness may issue a licence subject to any terms and conditions that the Minister considers appropriate, including, without restricting the generality of the foregoing, terms and conditions respecting

  • (a) the service or activity that is to be performed by the foreign ship or non-duty paid ship to which the licence relates; and

  • (b) the place or places where the foreign ship or non-duty paid ship may perform that service or activity.

• Marginal note:Effective period of licence

  (2) Every licence shall set out the period of time for which it is valid, which period may not exceed

  • (a) in the case of a foreign ship, the earlier of twelve months and the expiration of any certificate or document referred to in paragraph 4(1)(d); or

  • (b) in the case of a non-duty paid ship, twelve months.

• Marginal note:Suspension, cancellation or variation of licence

  (3) The Minister of Public Safety and Emergency Preparedness may, by order, suspend or cancel a licence or vary the terms and conditions of a licence where

  • (a) the owner or master of the licensed ship is convicted of an offence under this or any other Act of Parliament relating to navigation or shipping; or

  • (b) there has been a contravention of or failure to comply with any term or condition to which the licence is subject.

Marginal note:Regulations

7 The Governor in Council may, by regulation

• (a) specify that a territory is, or is not, a territory referred to in the definition of territory of the European Union in subsection 2(1);

• (a.1) specify that a territory is, or is not, a territory referred to in the definition of territory of the United Kingdom in subsection 2(1);

• (b) indicate, for the purpose of paragraph 3(2.2)(b), the registers that are second, or international, registers of member states of the European Union;

• (b.1) indicate, for the purpose of paragraph 3(2.21)(b), the registers that are second, or international, registers of the United Kingdom; and

• (c) fix the maximum number of licences that may be issued under sections 4 and 5.

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).

• Marginal note:Regulations

  (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).

Marginal note:Information

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.

Unfair Practices

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.

• Marginal note:Idem

  (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.

Enforcement

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.

Offences

Marginal note:Offence

• 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.

Marginal note:Trial of offences

• 14 (1) Where a ship is charged with an offence under section 13, any court in Canada that would have had jurisdiction in respect of the offence if that offence had been committed within the limits of the court’s ordinary jurisdiction has jurisdiction to try the offence as if it had been committed in the court’s jurisdiction.

• Marginal note:Service on ship and appearance at trial

  (2) Where a ship is charged with an offence under section 13, the summons in relation thereto may be served by leaving it with the master or any officer of the ship or by posting the summons on a conspicuous part of the ship, and the ship may appear by counsel or agent but, if it does not appear, a court may, on proof of service of the summons, proceed ex parte to hold the trial.

Searches

Marginal note:Powers of enforcement officer

• 15 (1) Where an enforcement officer believes on reasonable grounds that a ship has contravened this Act, the enforcement officer may stop and board the ship and, with a warrant, search the ship and seize anything found in or on the ship that the enforcement officer believes on reasonable grounds will afford evidence with respect to any contravention of this Act.

• Marginal note:Where warrant not necessary

  (2) An enforcement officer may carry out the powers under subsection (1) without a warrant if by reason of exigent circumstances it would not be practicable to obtain a warrant.

• Marginal note:Assistance

  (3) While carrying out any of the powers under this section, an enforcement officer may

  • (a) require the owner, master or any other person who may have possession of the official log book of the ship, or any other document or paper that may provide evidence of the contravention, to produce, for inspection or for the purposes of obtaining copies thereof or extracts therefrom, the log book or other document or paper; and

  • (b) require the master or any other person found on board the ship to give all reasonable assistance in the power of the master or other person, as the case may be, to enable the enforcement officer to carry out the enforcement officer’s duties and functions under this Act.

Detention of Ship

Marginal note:Detention of ships

• 16 (1) Where an enforcement officer believes on reasonable grounds that an offence under this Act has been committed by or in respect of a ship, the enforcement officer may make a detention order in respect of the ship.

• Marginal note:Geographical application of section

  (2) The power to make a detention order under this section may be exercised in Canadian waters and in waters above the continental shelf of Canada.

• Marginal note:Order to be in writing

  (3) A detention order made under subsection (1) shall be in writing and addressed to all persons who, at the place where the ship to which the order relates is or will be, are empowered to give a clearance in respect of the ship.

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

  (4) Where a detention order under this section is made in respect of a ship, notice thereof shall be served on the master of the ship

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

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a),

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

    • (ii) by leaving a copy thereof with the owner or agent of the owner of the ship residing in Canada or, where no such owner or agent is known or can be found, by fixing a copy thereof to a prominent part of the ship.

• Marginal note:Ship under detention not to depart

  (5) Where notice of a detention order in respect of a ship is served under subsection (4) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from Canadian waters or from waters above the continental shelf of Canada, the master or owner, as the case may be, is guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand dollars.

• Marginal note:Duty of persons empowered to give clearance

  (6) Subject to subsection (7), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by that person, give clearance in respect of the ship to which the order relates.

• Marginal note:When clearance shall be given

  (7) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order shall give clearance in respect of the ship to which the order relates where

  • (a) security satisfactory to the Minister of Transport in the amount of fifty thousand dollars is given to Her Majesty in right of Canada;

  • (b) the ship has not been charged with an offence under this Act within thirty days after the making of the detention order; or

  • (c) the ship has been charged with an offence under this Act within the period referred to in paragraph (b) and

    • (i) security satisfactory to the Minister of Transport for payment of the maximum fine that might be imposed as a result of a conviction of a ship charged with that offence, or in such lesser amount as may be approved by the Minister of Transport, 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.

• Marginal note:Sale of ship where no appearance and no security

  (8) Where a ship has been charged with an offence under this Act within thirty days after the making of a detention order in respect thereof and, within thirty days after the day on which the ship was charged with the offence,

  • (a) no one has appeared on behalf of the ship to answer to the charge, and

  • (b) security referred to in paragraph (7)(c) has not been given,

  the Minister of Transport may apply to a court for an order authorizing the Minister of Transport to sell the ship.

• Marginal note:Sale of ship where appearance but no security

  (9) Where a ship has been charged with an offence under this Act within thirty days after the making of a detention order in respect thereof and

  • (a) within thirty days after the day on which the ship was charged with the offence, someone has appeared on behalf of the ship to answer to the charge but security referred to in paragraph (7)(c) has not been given, and

  • (b) the ship is convicted and a fine is imposed but not paid forthwith,

  the Minister of Transport may apply to a court for an order authorizing the Minister of Transport to sell the ship.

• Marginal note:Notice

  (10) Forthwith on making an application under subsection (8) or (9), the Minister of Transport shall, by registered mail, give notice of the application to

  • (a) the person responsible for maintaining any register in which the ship is registered, listed or recorded;

  • (b) the holder of any mortgage against the ship that is registered on the register referred to in paragraph (a); and

  • (c) the holder of any maritime lien against the ship to which the application relates, and the holder of any like interest, known to the Minister of Transport at the time of the making of the application.

• Marginal note:Day notice deemed to be given

  (11) A notice sent by registered mail under subsection (10) shall be deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt in respect thereof is received by the Minister of Transport.

• Marginal note:Court may relieve Minister of giving notice

  (12) Where the court seized of an application under subsection (8) or (9) is satisfied that it is appropriate to do so, the court may relieve the Minister of Transport of the obligation to give the notice referred to in subsection (10), or authorize the Minister of Transport to give the notice in such other manner as the court deems fit.

• Marginal note:Claiming interest

  (13) Where an application is made under subsection (8) or (9) in respect of a ship,

  • (a) any person referred to in paragraph (10)(b) or (c) may, within sixty days after the notice is given to that person, and

  • (b) any other person who claims an interest in the ship as mortgagee, or as the holder of a maritime lien or as the holder of any like interest, may, within sixty days after the application is made,

  apply by notice in writing to the court seized of the application for an order referred to in subsection (14).

• Marginal note:Order

  (14) Where, on the hearing of an application made under subsection (13), it is made to appear to the satisfaction of the court

  • (a) that the applicant acquired the interest in respect of which the applicant is applying in good faith prior to the commission of the offence in respect of which the ship was detained, and

  • (b) that the applicant is innocent of any complicity or collusion in respect of the offence in respect of which the ship was detained,

  the court shall grant to the applicant an order declaring the nature and extent of the applicant’s interest at the time of the commission of the offence.

• Marginal note:Appeal

  (15) Any person who makes an application under subsection (13), and the Minister of Transport, may appeal to the court of appeal from an order referred to in subsection (14) and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a court.

• Marginal note:Applications under subsection (13) to be heard first

  (16) A court shall not hear an application under subsection (8) or (9) until all applications under subsection (13) in relation thereto have been heard.

• Marginal note:Court may authorize sale

  (17) A court hearing an application under subsection (8) or (9) may authorize the Minister of Transport to sell the ship to which the application relates in such manner and subject to such terms and conditions as the court considers appropriate and, on application by the Minister of Transport, give directions to the Minister of Transport as to the rank of the interests of persons who have obtained an order referred to in subsection (14).

• Marginal note:Payment of proceeds

  (18) Where a ship is sold pursuant to this section, any surplus remaining from the proceeds of the sale after deducting

  • (a) the amount of

    • (i) the maximum fine that could have been imposed for the offence, where subsection (8) applies, or

    • (ii) the fine actually imposed, where subsection (9) applies, and

  • (b) the cost of the detention and the sale

  shall, to the extent of the surplus, be paid in accordance with the interests of persons who have obtained an order referred to in subsection (14), and any surplus remaining thereafter shall be paid to the person registered as the owner of the ship or, in the absence of registration, to the person who owns the ship.

• Marginal note:Clear title

  (19) On selling a ship pursuant to this section, the Minister of Transport may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.

• Marginal note:Registrability not implied

  (20) Nothing in subsection (19) shall be construed as meaning that the ship may be registered in the name of the purchaser.

• Marginal note:Not duty paid

  (21) No ship sold pursuant to this section shall be deemed to have been duty paid under the Customs Tariff by reason only of that sale.

• Marginal note:Definitions

  (22) In this section,

  court

  court means

  • (a) in the Province of Ontario, the Superior Court of Justice,

  • (b) in the Province of Quebec, the Superior Court of the Province,

  • (c) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province,

  • (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province,

  • (e) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province,

  • (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and

  • (g) the Federal Court; (tribunal)

  court of appeal

  court of appeal means, in the province in which an order referred to in subsection (14) is made, the court of appeal for that province as defined in section 2 of the Criminal Code and includes the Federal Court of Appeal. (tribunal d’appel)

Other Offences

Marginal note:Obstruction

17 No person shall obstruct or hinder an enforcement officer in the carrying out of the enforcement officer’s duties and functions under this Act.

Marginal note:False statements

18 No person shall knowingly make a false or misleading statement, either orally or in writing, as the case may be,

• (a) in an application for a licence;

• (b) to the Agency pursuant to a request under section 9; or

• (c) to an enforcement officer while the enforcement officer is engaged in carrying out that enforcement officer’s duties and functions under this Act.

Marginal note:Summary conviction offence and punishment

19 Every person who contravenes section 17 or 18 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than fifteen thousand dollars or to imprisonment for a term not exceeding twelve months or to both.

General

Marginal note:Minister of Transport responsible

20 Except where otherwise provided for in this Act, the Minister of Transport is responsible for the administration of this Act.

Marginal note:Copies or extracts

• 21 (1) Subject to subsection (2), a copy or extract of any document or paper made or taken pursuant to subsection 15(3) by an enforcement officer and purporting to be certified under the enforcement officer’s signature as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document or paper would have if it had been proved in the ordinary way.

• Marginal note:Notice

  (2) No copy or extract referred to in subsection (1) shall be received in evidence in any proceedings unless the party intending to produce it has given to the party against whom it is intended to be produced notice of that intention at least seven days prior to the proceedings together with a duplicate of the copy or extract.

Consequential Amendments

22 to 28 [Amendments]

Transitional

29 [Repealed, 2001, c. 26, s. 291]

30 [Repealed, 2001, c. 26, s. 291]

Coming into Force

Marginal note:Coming into force

• Footnote ^*31 (1) Subject to this section, this Act shall come into force on a day to be fixed by order of the Governor in Council.

• (2) [Repealed, 2001, c. 26, s. 292]

  • Return to footnote ^*[Note: Act in force December 1, 1992, see SI/92-175.]