Marine Liability Act

Marginal note:Detention

• 129 (1) If a designated officer believes, on reasonable grounds, that an offence in respect of sections 55 or 73 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, they may make a detention order in respect of the ship.

• Marginal note:Order to be in writing

  (2) A detention order must be in writing and be addressed to every person empowered to grant clearance in respect of the ship.

• Marginal note:Detention order to be served on master

  (3) Notice of a detention order must be served on the master of the ship

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

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the ship or, if there is no such person, by fixing a copy of it to a prominent part of the ship.

• Marginal note:Contents of notice

  (4) The notice must

  • (a) indicate the measures to be taken to ensure compliance with section 55 or 73 or regulations made under paragraph 39(a) or (b) that must be taken for the detention order to be revoked within any time specified in the order; and

  • (b) if an information has been laid in respect of the alleged offence, indicate the amount not exceeding $100,000 and form of security that, pending the outcome of any proceedings related to the information, must be deposited with the Minister for the detention order to be revoked.

• Marginal note:Revocation of orders

  (5) A designated officer shall

  • (a) revoke a detention order made under this section if they are satisfied that the measures indicated in the notice have been taken and, if applicable, that security in the amount and form indicated in the notice has been deposited with the Minister; and

  • (b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the revocation.

• Marginal note:Duty of persons empowered to give clearance

  (6) No person to whom a detention order made under this section is addressed shall, after having received notice of the order, grant clearance to the ship in respect of which the order is made unless they are notified that the order has been revoked.

• Marginal note:Movement of ship prohibited

  (7) Subject to section 130, no person shall move a ship that is subject to a detention order made under this section.

• Marginal note:Liability for expenses

  (8) The owner of a ship that is detained under this section is liable for all expenses incurred in respect of the detained ship.

• Marginal note:Return of security

  (9) The Minister, following the conclusion of any proceedings in respect of which security is deposited,

  • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine imposed is not paid; and

  • (b) shall return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed are paid.

• Marginal note:Regulations

  (10) The Governor in Council may make regulations respecting the detention of ships, including the review of detention orders.