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Duty to assist
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(2) When an inspector carries out an
inspection under subsection (1), the importer,
manufacturer or vendor of the pleasure craft,
or the owner or person in control of a place
where the pleasure craft is located, shall
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Return of
documents
and things
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(3) Documents or other things obtained or
taken under paragraph (1)(g) must be returned
as soon as feasible after they are no longer
required for the inspection or for any
proceedings that may result from it.
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Disposition of
samples
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(4) An inspector who takes a sample under
paragraph (1)(b) may dispose of it in any
manner that they consider appropriate.
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Operation
prohibited
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202. If an inspector considers that a
pleasure craft does not meet the requirements
of this Part or Part 5 or the regulations made
under either of those Parts, the inspector may
direct any person not to operate it until it meets
those requirements.
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Investigations |
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Stopping and
boarding
vessels
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203. An enforcement officer who has
reasonable grounds to believe that an offence
has been committed or is about to be
committed under this Part by a pleasure craft
or any person on board a vessel may stop and
board the craft or vessel and take any
reasonable action to ensure public safety or
protect the public interest.
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Safe Operation of Pleasure Craft |
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Duty
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204. Every operator of a pleasure craft shall
ensure that it meets the requirements of the
regulations made under this Part.
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Pleasure Craft Licences |
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Licensing of
pleasure craft
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205. (1) If a pleasure craft is required by
regulations made under this Part to be
licensed, the owner of the craft shall not
operate it, or permit it to be operated, unless it
is licensed.
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Transfer of
licence
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(2) When the ownership of a pleasure craft
referred to in subsection (1) changes, the new
owner shall not operate the craft, or permit it
to be operated, until the licence for that craft
is transferred to the new owner in accordance
with the regulations.
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Application
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206. (1) An application for a licence or for
the transfer of a licence must be made in the
form and manner, include the information and
be accompanied by the documents specified
by the Minister.
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Issuance of
licence
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(2) The Minister may issue or transfer a
licence to an applicant if the Minister is
satisfied that all the requirements under
subsection (1) have been met.
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Licence
number
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207. (1) No owner of a pleasure craft in
respect of which a pleasure craft licence has
been issued shall operate it or allow it to be
operated unless the licence number is marked
on the craft and maintained in the form and
manner specified by the Minister.
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Defacing, etc.,
licence
number
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(2) No person shall deface, alter, conceal or
remove the licence number that is marked on
a pleasure craft.
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Lost
documents
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208. If a pleasure craft licence is mislaid,
lost or destroyed, the Minister, on application
made by the holder of the licence in the form
and manner and including the information and
accompanied by the documents specified by
the Minister, may issue a replacement licence.
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Regulations |
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Regulations
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209. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations respecting pleasure craft safety
and licensing, including regulations
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Regulations
- pollution
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(2) The Governor in Council may, on the
recommendation of the Minister, make
regulations regulating or prohibiting the
discharge of pollutants from pleasure craft.
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Offences and Punishment |
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Contraven- tion of Act
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210. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction
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Contraven- tion of Act or regulations
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211. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction
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Limitation
period
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212. (1) Despite section 261, proceedings
for an offence under this Part may be instituted
within two years after the date when the
subject-matter of the proceedings becomes
known to the Minister.
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Minister's
certificate
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(2) A document that purports to have been
issued by the Minister, certifying the day on
which the subject-matter of proceedings
became known to the Minister, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is evidence of
the matters asserted in it.
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PART 11 |
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ENFORCEMENT - DEPARTMENT OF TRANSPORT |
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Interpretation |
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Definitions
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213. The definitions in this section apply in
this Part.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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``relevant
provision'' « disposition visée »
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``relevant provision'' means a provision of the
Act or the regulations that the Minister is
responsible for administrating.
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Inspections |
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Authorized
persons and
organizations
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214. (1) A marine safety inspector referred
to in section 11 or a person, classification
society or other organization authorized to
carry out inspections under section 12 may, for
the purpose of ensuring compliance with a
relevant provision, board any vessel or enter
any premises or other place at any reasonable
time and carry out any inspection that the
inspector, person, classification society or
other organization considers necessary and
that the Minister has authorized them to carry
out.
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Limitation
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(2) Living quarters may not be entered
under subsection (1) unless they are entered
with the consent of the occupant or for the
purpose of ensuring that the vessel complies
with a relevant provision.
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Stopping a
vessel
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(3) For the purpose of carrying out an
inspection, a marine safety inspector may
direct the master of a vessel to stop the vessel
or proceed to the place that the inspector may
select, and to moor, anchor or remain there for
any reasonable period that the inspector may
specify.
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Inspections
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(4) In carrying out an inspection, a marine
safety inspector or, subject to any limitations
set out under subsection 12(2) in their
certificate of authorization, a person,
classification society or other organization
authorized to carry out inspections may
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Disposition of
samples
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(5) A person who, or organization that,
takes a sample under paragraph (4)(g) may
dispose of it in any manner that they or it
considers appropriate.
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Return of
documents
and things
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(6) Documents or other things taken under
paragraph (4)(j) must be returned as soon as
feasible after they are no longer required for
the purpose for which they were taken.
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Seizure
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215. (1) During an inspection, a marine
safety inspector may seize and detain
anything
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Storage or
removal
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(2) An inspector may direct the person in
charge of the place where something was
seized to store it in that place or may remove
it to any other place.
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Return of
things or
forfeiture
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(3) Unless a thing seized cannot be brought
into compliance with the relevant provisions,
it must be returned as soon as feasible after it
is no longer needed for any proceedings. If it
cannot be brought into compliance, it is
forfeited to Her Majesty in right of Canada
after it is no longer needed for any proceedings
and may be disposed of, at the expense of the
person from whom it was seized, unless the
Minister directs otherwise.
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