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| Regulations
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244. The Governor in Council may, on the
recommendation of the Minister, make
regulations for carrying out the purposes and
provisions of this Part, including regulations
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(a) respecting clearances for departure from
a port in Canada;
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(b) respecting the investigation of shipping
casualties, the alleged contravention of a
relevant provision or an incident that
involved a vessel and that, in the opinion of
the Minister, jeopardized the safety of
persons;
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(c) respecting the detention of vessels,
including the review of detention orders;
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(d) specifying the circumstances in which a
vessel is deemed abandoned;
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(e) respecting the sale of a vessel under
section 226, including measures that must
be taken before the vessel is sold and the
manner of establishing, and the priority of
payment of, claims against the vessel;
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(f) designating as a violation that may be
proceeded with in accordance with sections
229 to 242 the contravention of a relevant
provision that is an offence under this Act;
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(g) designating violations that, if continued
on more than one day, constitute a separate
violation for each day on which they are
continued;
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(h) designating violations that may be
proceeded with by issuing notices of
violation and fixing a penalty or a range of
penalties in respect of each such violation,
up to a maximum of $25,000 but in any
event not greater than the maximum fine if
the violation were proceeded with by way
of summary conviction;
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(i) respecting reviews under subsection
231(3) (notices of default), 232(2) (notices
of violation) or 239(3) (removal of
notations of violations);
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(j) respecting the service of documents
required or authorized to be served under
this Part, including the manner of serving
them, the proof of their service and the
circumstances under which they are
deemed to have been served; and
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(k) prescribing anything that by this Part is
to be prescribed.
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| Contravention
of Act
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245. (1) Every person commits an offence
who contravenes
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(a) a direction given under subsection
211(3) (to stop a vessel or proceed as
specified);
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(b) a direction given under any of
paragraphs 211(4)(a) to (e) (to answer
reasonable questions, to provide reasonable
assistance, to prohibit or limit access to part
of a vessel, to operate or cease operating
machinery or equipment, to not move a
vessel, to muster crew or carry out
emergency or safety procedures or to
produce documents);
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(c) section 215 (proceed to sea with a person
without their consent);
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(d) subsection 218(1) (disciplining
employee);
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(e) subsection 222(9) (giving clearance to
detained vessel);
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(f) subsection 222(10) (moving detained
vessel);
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(g) section 223 (wilfully interfering with
service of notice); or
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(h) a direction given under subsection
227(1) (not to enter or to leave Canadian
waters).
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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
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
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| Contravention
of Act or
regulations
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246. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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(a) a direction given under subsection
212(2) (to store something);
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(b) section 213 (departing without
clearance); and
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(c) a provision of the regulations made
under this Part.
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| Punishment
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(2) Every person who, or vessel that,
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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| Definition of
``carrier''
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247. In sections 248 and 250, ``carrier''
means a person with whom a shipper of goods
enters into a contract of carriage of the goods
by water.
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| Carrier's lien
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248. (1) A carrier has, on goods carried
under a contract of carriage, a lien for any
amount that is due to the carrier under the
contract for freight or costs of storing,
disposing of or preserving the goods.
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| Notice of lien
to owner of
goods
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(2) Before exercising a lien, a carrier must
give notice of it to the owner of the goods,
specifying the amount claimed and the
particulars of the claim.
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| Notice of lien
to third parties
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(3) If the carrier places the goods in the
custody of a third party and gives the third
party notice of the lien and the third party does
not retain them until notified by the carrier
that the lien is discharged or does not return
them to the carrier, the third party is liable to
the carrier. The third party may charge the
carrier for storing the goods or for any
reasonable action taken to preserve them or to
protect property or human life from damage
they may cause.
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| Third party's
protection
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(4) A third party who retains goods until
notified by the carrier that the lien is
discharged or who returns them to the carrier
is not liable to the owner of the goods,
regardless of whether the lien claimed by the
carrier is valid.
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| Sale or other
disposition of
goods
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249. (1) If an owner of goods does not take
delivery of the goods after notice of delivery
has been given or fails to discharge a lien after
it is exercised, the carrier may
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(a) sell them by public auction at any time
that is 90 days after the notice of delivery is
given and 10 days after giving notice of the
time and place of the auction in a newspaper
that is circulated in the vicinity of the
auction; or
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(b) if the goods are perishable or pose a
threat to public health or safety, sell or
otherwise dispose of them in the manner
and for the price that is reasonable in the
circumstances after giving notice of the sale
or other disposition to the owner of the
goods.
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| Application of
proceeds of
disposition
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(2) The proceeds of the disposition must be
credited toward payment of the amounts due
or payable under the contract of carriage or
any other amounts reasonably incurred for
storing, disposing of or preserving the goods.
Any surplus must be paid to the owner of the
goods.
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| Responsibility
for goods
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250. Subject to the Carriage of Goods by
Water Act, carriers must use due care and
diligence in the safe-keeping and punctual
conveyance of goods delivered to them for
carriage by water.
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| Actions in rem
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251. (1) A person who has contracted with
the authorized representative or a bare-boat
charterer of a vessel in Canada to provide
stevedoring may maintain an action in rem in
the Federal Court, or any court of competent
jurisdiction whose rules provide for in rem
procedure in respect of vessels, for a claim in
respect of the stevedoring.
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| Limitation
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(2) The right of action in rem referred to in
subsection (1) may be exercised only while
the vessel is chartered to the bare-boat
charterer and only if the bare-boat charterer is
joined as a defendant.
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| Does not
affect other
rights
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(3) For greater certainty, nothing in this
section limits the right of a person to maintain
an action in rem for stevedoring under
Canadian maritime law, within the meaning of
subsection 2(1) of the Federal Court Act.
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| Definition of
``stevedoring'
'
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(4) In this section, ``stevedoring'' includes
trimming, lighterage and the supply of any
goods or services in relation to stevedoring.
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| Proof of
offence
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252. (1) In a prosecution of a vessel for an
offence under this Act, it is sufficient proof
that the vessel has committed the offence to
establish that the act or omission that
constitutes the offence was committed by the
master or any person on board, other than a
person carrying out an inspection under this
Act or a pollution prevention officer, whether
or not the person on board has been identified.
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| Directions
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(2) For the purpose of prosecuting a vessel
for contravening a direction given under this
Act, a direction given to the master, a crew
member or any person on board who is, or
appears to be, in charge of the vessel, is
deemed to have been given to the vessel.
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| Damage to
environment
and risk of
death or harm
to persons
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253. (1) Every person is guilty of an offence
and liable on conviction on indictment to a
fine or to imprisonment for a term of not more
than five years, or to both, who, in committing
an offence under this Act,
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(a) intentionally or recklessly causes a
disaster that results in the loss of life or
serious damage to the environment; or
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(b) shows wanton or reckless disregard for
the lives or safety of other persons and
thereby causes a risk of death or bodily
harm to another person.
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| Criminal
negligence
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(2) Every person who, in committing an
offence under this Act, shows wanton or
reckless disregard for the lives or safety of
other persons and thereby causes death or
bodily harm to another person is subject to
prosecution and punishment under section
220 or 221 of the Criminal Code.
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| Persons
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254. (1) No person may be found guilty of
an offence under this Act if the person
establishes that they exercised due diligence
to prevent its commission.
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| Vessels
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(2) No vessel may be found guilty of an
offence under this Act if the person who
committed the act or omission that constitutes
the offence establishes that they exercised due
diligence to prevent its commission.
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| Court order
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255. If a person is convicted of an offence
under this Act, the court may, in addition to
any other punishment it may impose, make an
order
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(a) if the person is the holder of a Canadian
maritime document, prohibiting the person
from doing any act or thing authorized by
the document at all times while the
document is in force or for the period or at
the times and places that may be specified
in the order; or
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(b) prohibiting the person from operating a
vessel or providing services essential to the
operation of a vessel for the period or at the
times and places that may be specified in
the order.
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| Limitation
period
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256. (1) Proceedings by way of summary
conviction under this Act may be instituted
within two years after the day on which the
Minister of Transport or the Minister of
Fisheries and Oceans, as the case may be,
becomes aware of the subject-matter of the
proceedings.
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| Certificate of
Minister
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(2) A document that purports to have been
issued by the Minister referred to in subsection
(1), and that certifies the day on which that
Minister became aware of the subject-matter
of the proceedings, is admissible in evidence
without proof of the signature or official
character of the person appearing to have
signed the document and is evidence that the
Minister became aware of the subject-matter
on that day.
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| Defendant
outside
Canada
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(3) If the proceedings cannot be
commenced within two years because the
proposed defendant is outside Canada, the
proceedings may be commenced not later than
two months after they arrive in Canada.
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| Jurisdiction in
case of
offences
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257. (1) For the purpose of giving
jurisdiction under this Act, every offence is
deemed to have been committed and every
cause of complaint to have arisen either in the
place where the offence actually was
committed or arose, or in any place where the
offender or person or vessel complained
against may be.
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| Presumption
of jurisdiction
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(2) If, in a legal proceeding under this Act,
a question arises as to whether a vessel or
person is within any of the provisions of this
Act or the regulations, the vessel or person is
deemed to be within those provisions unless
the contrary is proved.
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| Jurisdiction
over vessels
lying off
coasts
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258. (1) If a district within which a court,
justice of the peace or provincial court judge
has jurisdiction either under this Act or under
any other Act or at common law, for any
purpose whatever, is situated on the coast of a
sea, or abuts on or projects into navigable
waters, the court, justice or provincial court
judge has jurisdiction over any vessel on, or
lying or passing off, that coast or in or near
those navigable waters, and over all persons
on board, in the same manner as if the vessel
or persons were within the limits of the
original jurisdiction of the court, justice or
provincial court judge.
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| Added power
of courts
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(2) The jurisdiction under this section is in
addition to and not in derogation of any
jurisdiction or power of a court under the
Criminal Code.
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