Canada Marine Act

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.