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| Designation
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195. (1) The Minister may designate
persons or classes of persons as pleasure craft
safety inspectors.
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| Certificate
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(2) The Minister must furnish every
inspector with a certificate of designation as a
pleasure craft safety inspector authorizing the
inspector to carry out inspections under
sections 196 and 198.
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| Immunity
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(3) Inspectors are not personally liable for
anything they do or omit to do in good faith
under this Part.
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| Designation
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196. (1) The Minister may designate
persons or classes of persons as enforcement
officers.
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| Inspections -
general
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(2) An enforcement officer may inspect a
pleasure craft or any of its machinery or
equipment for the purpose of ensuring
compliance with any provision of this Part,
other than section 197, or the regulations
made under this Part, other than the
regulations made under paragraph 207(1)(f),
(g), (i) or (j).
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| Inspections -
structural
integrity
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(3) An inspector may inspect a pleasure
craft or any of its machinery or equipment for
structural integrity or compliance with the
regulations made under any of paragraphs
207(1)(f) to (m).
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| Powers
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(4) Enforcement officers acting under
subsection (2) and inspectors acting under
subsection (3) may
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(a) stop or board the craft at any reasonable
time;
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(b) direct any person to put into operation or
cease operating any machinery or
equipment on the craft;
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(c) direct that the craft not be moved until
the inspection is completed;
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(d) direct any person to move the craft to a
safe place if the officer or inspector has
reasonable grounds to believe that it does
not meet the requirements of this Part or the
regulations made under this Part or exposes
any person to serious danger, and direct that
it not be operated until it meets those
requirements or no longer exposes any
person to serious danger; and
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(e) direct any person to move the craft to a
safe place if the officer or inspector has
reasonable grounds to believe that the
operator does not meet the requirements of
the regulations made under this Part, and
direct that the operator not operate it until
the operator meets those requirements.
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| Duty to assist
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(5) The owner or person in charge of a
pleasure craft and every person on board shall
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(a) give an officer or inspector all
reasonable assistance to enable them to
carry out an inspection and exercise any
power conferred by this section; and
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(b) produce to an officer or inspector any
document, or provide them with any
information, that the officer or inspector
may reasonably require, for the
administration of this Part or Part 5
(Navigation Services) or the regulations
made under either of those Parts.
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| Manufacturers
and importers
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197. (1) Every manufacturer, builder or
importer of a pleasure craft shall ensure that it
is constructed in accordance with the
regulations.
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| Vendors
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(2) No person shall, in the course of a
commercial enterprise, sell a pleasure craft
that does not display a plate or label if required
to do so by the regulations made under
paragraph 207(1)(h).
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| Powers
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198. (1) An inspector may, for the purpose
of ensuring that a manufacturer, importer or
vendor is in compliance with section 197,
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(a) enter any place, other than a
dwelling-house, where the inspector has
reasonable grounds to believe a pleasure
craft is located;
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(b) examine anything that the inspector
finds and take samples of it;
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(c) conduct any tests or analyses and take
any measurements;
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(d) inspect any books, records, electronic
data or other documents that the inspector
believes may contain information that is
relevant to the inspection;
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(e) use or cause to be used any computer
system in the place where the inspection is
being carried out to examine any data
contained in or available to the computer
system;
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(f) reproduce or cause to be reproduced any
record from the data in the form of a
print-out or other intelligible output;
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(g) take any document or other thing from
the place where the inspection is being
carried out for examination or, in the case of
a document, copying; and
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(h) use or cause to be used any copying
equipment in the place where the inspection
is being carried out to make copies of any
documents.
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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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(a) give the inspector all reasonable
assistance to enable them to carry out the
inspection and exercise any power
conferred by this section; and
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(b) produce to the inspector any document,
or provide them with any information, that
the inspector may reasonably require for the
administration of this Part or the regulations
made under this Part.
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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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199. If an inspector considers that a
pleasure craft does not meet the requirements
of this Part or the regulations made under this
Part, the inspector may direct any person not
to operate it until it meets those requirements.
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| Stopping and
boarding
vessels
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200. 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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| Duty
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201. Every operator of a pleasure craft shall
ensure that it meets the requirements of the
regulations made under this Part.
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| Licensing of
pleasure craft
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202. (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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203. (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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204. 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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205. 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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206. 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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207. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations respecting pleasure craft licensing
and the safety of pleasure craft or classes of
pleasure craft and of persons on board,
including regulations
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(a) respecting the issuance, cancellation or
transfer of pleasure craft licences;
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(b) respecting qualifications, including
medical fitness, minimum age, degree of
knowledge, skill, training and experience,
for operators of pleasure craft or classes of
pleasure craft, and the evidence required to
prove compliance with those
qualifications;
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(c) respecting the operation of pleasure
craft or classes of pleasure craft;
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(d) respecting training courses and
examinations for pleasure craft operators,
including the designation and accreditation
of persons or organizations that provide
them;
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(e) respecting the issuance, cancellation or
suspension of documents that demonstrate
compliance with any regulations made
under paragraph (b) or (d);
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(f) respecting the design, construction or
manufacture of pleasure craft or classes of
pleasure craft;
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(g) respecting the issuance or cancellation
of plates or labels in respect of pleasure
craft that comply with regulations made
under paragraph (f);
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(h) requiring that plates or labels referred to
in paragraph (g) be displayed and
specifying the manner in which they must
be displayed;
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(i) prohibiting the construction,
manufacture, sale, lease, importation or
operation of pleasure craft that do not meet
the requirements of regulations made under
paragraph (f);
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(j) requiring owners, builders,
manufacturers, importers or vendors of
pleasure craft to modify their pleasure craft,
at their own expense, in order to comply
with regulations made under paragraph (f);
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(k) respecting hull identification or serial
numbers that identify pleasure craft;
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(l) specifying the machinery and equipment
that are required or prohibited on pleasure
craft or classes of pleasure craft;
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(m) respecting the design, construction,
manufacture, maintenance, storage,
testing, approval, arrangement and use of a
pleasure craft's or a class of pleasure craft's
machinery and equipment;
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(n) respecting the requirements that
pleasure craft, or classes of pleasure craft,
and their machinery and equipment must
meet;
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(o) respecting documents that must be kept
on board pleasure craft or classes of
pleasure craft; and
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(p) respecting the reporting of accidents
involving pleasure craft.
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| Regulations
- pollution
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(2) The Governor in Council may, on the
recommendation of the Minister, make
regulations
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(a) regulating or prohibiting the discharge
of pollutants from pleasure craft; and
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(b) regulating noise emissions from
pleasure craft engines.
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| Contravention
of Act
|
208. (1) Every person commits an offence
who contravenes
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(a) subsection 197(1) (ensure a pleasure
craft is constructed in accordance with the
regulations); or
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(b) subsection 197(2) (selling a pleasure
craft without a plate or label).
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| Punishment
|
(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $100,000
or to imprisonment for a term of not more than
one year, or to both.
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| Contravention
of Act or
regulations
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209. (1) Every person commits an offence
who contravenes
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(a) a direction given under any of
paragraphs 196(4)(b) to (e) (to operate or
cease operating machinery or equipment, to
not move a pleasure craft or to move a
pleasure craft to a safe place);
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(b) subsection 196(5) (give reasonable
assistance, produce documents or provide
information);
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(c) subsection 198(2) (give reasonable
assistance, produce documents or provide
information);
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(d) a direction given under section 199 (not
to operate a pleasure craft);
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(e) section 201 (ensure that a pleasure craft
meets the requirements of the regulations);
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(f) section 202 (obtain a licence for a
pleasure craft);
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(g) section 204 (operating pleasure craft
without licence number marked);
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(h) section 205 (defacing, altering,
concealing or removing licence number); or
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(i) a provision of the regulations made
under this Part.
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| Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $10,000.
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