Marginal note:Sale of ship where no appearance and no security
117 (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where
(a) the ship is detained under a detention order in respect of an offence under this Act;
(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order;
(c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and
(d) the security referred to in paragraph 116(4)(a) or (b) has not been given.
Marginal note:Sale of ship where no appearance and no security
(2) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where
(a) the ship is detained under a detention order for non-payment of fees or interest;
(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;
(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and
(d) the security referred to in paragraph 116(4)(a) or (c) has not been given.
Marginal note:Sale of ship where no appearance and no security
(3) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where
(a) the ship is detained under a detention order in respect of damages referred to in paragraph 115(1)(c);
(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;
(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and
(d) the security referred to in paragraph 116(4)(a) or (d) has not been given.
Marginal note:Sale of ship where appearance but no security
(4) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where
(a) the ship is detained under a detention order for one of the reasons referred to in paragraphs 115(1)(a) to (c);
(b) the ship has been charged with an offence under this Act or proceedings have been brought against it in respect of the non-payment of fees or damages referred to in paragraph 115(1)(c) within thirty days after the making of the detention order;
(c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 116(4) has not been given; and
(d) the ship is convicted or found liable, as the case may be, and the fine imposed or the amount of the damages and interest is not immediately paid.
- 1998, c. 10, s. 117
- 2008, c. 21, s. 51
- Date modified: