Bill C-32
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Detention of Ships |
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Detention of
ships
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225. (1) Where an enforcement officer has
reasonable grounds to believe that the owner
or master of a ship has committed an offence
under section 272 and that a ship was used in
connection with the commission of the
offence, the enforcement officer may make a
detention order in respect of the ship.
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Order in
writing
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(2) A detention order made under
subsection (1) shall be in writing and be
addressed to all persons at any port in Canada
where the ship to which the order relates is or
will be who are empowered to give a clearance
in respect of the ship.
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Notice of
detention
order
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(3) Notice of a detention order made under
subsection (1) shall be served on the master of
the ship in respect of which the order is made.
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Duty of owner
or master of
ship
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(4) Where notice of a detention order made
under subsection (1) has been served on the
master of the ship, the owner or master of the
ship shall not give an order for the ship to go
into an area of the sea referred to in paragraph
122(2)(f) or (g) during the term of the
detention order.
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Duty of
persons
empowered to
give clearance
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(5) Subject to subsection (6), no person to
whom a detention order made under
subsection (1) is addressed shall, after notice
of the order is received by the person, give
clearance in respect of the ship to which the
order relates.
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When
clearance
given
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(6) A person to whom a detention order
made under subsection (1) is addressed and
who has received notice of the order may give
clearance in respect of the ship to which the
order relates where
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Assistance to Enforcement Officers and Analysts |
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Right of
passage
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226. An enforcement officer or analyst or
any other person may, while carrying out
powers, duties or functions under this Act,
enter on and pass through or over private
property without being liable for trespass or
without the owner of the property having the
right to object to that use of the property.
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Assistance
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227. The owner or the person in charge of a
place entered by an enforcement officer or
analyst under section 218 or 220, and every
person found in the place, shall
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Obstruction
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228. While an enforcement officer or
analyst is exercising powers or carrying out
duties and functions under this Act, no person
shall
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Forfeiture |
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Forfeiture on
consent
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229. (1) Where an enforcement officer has
seized a thing under section 220 or subsection
223(1) and the owner or person who was in
lawful possession of it at the time of the
seizure consents in writing at the request of the
enforcement officer to its forfeiture, it is
thereupon forfeited to Her Majesty in right of
Canada.
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Disposal or
destruction
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(2) The Minister may dispose of or destroy
anything forfeited under subsection (1) and, if
the Minister so directs, the costs of the
disposal or destruction shall be paid by the
owner or the person who was in lawful
possession of it at the time it was seized.
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Forfeiture by
order of court
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230. (1) Subject to sections 231 and 232,
where a person is convicted of an offence
under this Act and anything seized under
section 220 or subsection 223(1) is then being
detained,
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Things
deemed not to
have been
seized
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(2) For the purpose of subsection (1),
anything released from detention under
paragraph 223(4)(a) or (b) is deemed not to
have been seized under section 220 or
subsection 223(1).
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Court may
order
forfeiture
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231. Where the owner of any ship, aircraft,
platform or other structure has been convicted
of an offence under section 272, the
convicting court may, if the ship, aircraft,
platform or structure was seized under section
220 or subsection 223(1), in addition to any
other penalty imposed, order that the ship,
aircraft, platform or structure, or any security
given under subsection 222(1), be forfeited,
and on the making of such an order the ship,
aircraft, platform, structure or security is
forfeited to Her Majesty in right of Canada.
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Disposal of
forfeited ship,
aircraft, etc.
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232. (1) Where proceedings referred to in
subsection 222(2) are instituted within the
time provided in that subsection and, at the
final conclusion of those proceedings, any
ship, aircraft, platform or other structure or
any security given under subsection 222(1) is
ordered to be forfeited, it may be disposed of
as the Governor in Council directs.
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Return of
seized ship,
etc., where no
forfeiture
ordered
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(2) Where anything has been seized under
section 220 and proceedings referred to in
subsection 222(2) are instituted, but the thing
is not, at the final conclusion of the
proceedings, ordered to be forfeited, it shall be
returned, the proceeds of any sale of the cargo
under subsection 221(3) shall be paid or any
security given to the Minister under
subsection 222(1) shall be returned to the
person from whom the thing was seized.
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Exception
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(3) Where, at the conclusion of proceedings
referred to in subsection (1), the person from
whom the thing was seized is convicted of an
offence arising out of a contravention of this
Part, the thing and any cargo or the proceeds
or security may be retained until the fine is
paid or the thing and any cargo may be sold
under execution in satisfaction of the fine, or
the proceeds realized from the sale of the
cargo or the security or any part thereof may
be applied in payment of the fine.
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Application
by person
claiming
interest
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233. (1) Where anything has been ordered
to be forfeited under this Act, any person,
other than a person who was a party to the
proceedings that resulted in the order, who
claims an interest in the thing as owner,
mortgagee, lien holder or holder of any other
claim under Canadian law may, within 30 days
after the thing is ordered to be forfeited, apply
by notice in writing to the Federal Court for an
order under subsection (5).
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Date of
hearing
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(2) The Federal Court shall fix a day for the
hearing of an application made under
subsection (1).
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Notice
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(3) An applicant for an order under
subsection (5) shall, at least 30 days before the
day fixed under subsection (2) for the hearing
of the application, serve a notice of the
application and of the hearing on the Minister
and on all other persons claiming an interest in
the thing that is the subject-matter of the
application as owner, mortgagee, lien holder
or holder of any other claim under Canadian
law of whom the applicant has knowledge.
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Notice of
intervention
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(4) Each person, other than the Minister,
who is served with a notice under subsection
(3) and who intends to appear at the hearing of
the application to which the notice relates
shall, at least 10 days before the day fixed for
the hearing, file a notice of intervention in the
Registry of the Federal Court and serve a copy
of the notice on the Minister and on the
applicant.
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Order
declaring
nature and
extent of
interests
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(5) Where, on the hearing of an application
under this section, the Federal Court is
satisfied that the applicant, or the intervenors,
if any, or any of them,
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those of the applicant and the intervenors in
respect of whom the Court is so satisfied are
entitled to an order declaring that their
interests are not affected by the forfeiture and
declaring the nature and extent of each of their
interests and the priorities among them.
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Additional
order
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(6) Where an order is made under
subsection (5), the Court may, in addition,
order that the thing to which the interests
relate be delivered to one or more of the
persons found to have an interest in it or that
an amount equal to the value of each of the
interests so declared be paid to the persons
found to have those interests.
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Environmental Protection Compliance Orders |
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Definition of
``order''
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234. For the purposes of sections 235 to
271, ``order'' means an environmental
protection compliance order issued under
section 235.
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Order
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235. (1) Whenever, during the course of an
inspection or a search, an enforcement officer
has reasonable grounds to believe that any
provision of this Act or the regulations has
been contravened in the circumstances
described in subsection (2) by a person who is
continuing the commission of the offence, or
that any of those provisions will be
contravened in the circumstances described in
that subsection, the enforcement officer may
issue an environmental protection compliance
order directing any person described in
subsection (3) to take any of the measures
referred to in subsection (4) and, where
applicable, subsection (5) that are reasonable
in the circumstances and consistent with the
protection of the environment and public
safety, in order to cease or refrain from
committing the alleged contravention.
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Circumstan- ces
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(2) For the purposes of subsection (1), the
circumstances in which the alleged
contravention has been or will be committed
are as follows, namely,
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Application
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(3) Subsection (1) applies to any person
who
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Specific
measures
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(4) For the purposes of subsection (1), an
order in relation to an alleged contravention of
any provision of this Act or the regulations
may specify that the person to whom the order
is directed take any of the following measures:
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Additional
measures for
certain alleged
offences
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(5) For the purposes of subsection (1), an
order in relation to an alleged contravention of
section 124 or 125 or any regulations made
under section 135 may specify that the person
to whom the order is directed, whether that
person is not a permit holder or is
contravening a condition of a permit, take any
of the following measures, in addition to any
of the measures referred to in subsection (4):
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Contents of
order
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(6) Subject to section 236, an order must be
made in writing and must set out
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Duration of
order
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(7) An order may not be issued for a period
of more than 180 days.
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Exigent
circumstances
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236. (1) In the case of exigent
circumstances, an order may be given orally,
but within the period of seven days
immediately after it is so given, a written order
must be issued in accordance with section 235.
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Definition of
``exigent
circumstan- ces''
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(2) For greater certainty, ``exigent
circumstances'' includes circumstances in
which the delay necessary to issue a written
order that meets the requirements of
subsection 235(6) would result in danger to
human life or the environment.
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Notice of
intent
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237. (1) Except in exigent circumstances,
the enforcement officer shall, wherever
practicable, before issuing an order,
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Contents of
notice of
intent
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(2) A notice of intent to issue an order shall
include
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Compliance
with the order
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238. (1) A person to whom an order is
directed shall, immediately on receipt of the
order or a copy of it or on being directed by an
enforcement officer under an order given
orally under section 236, comply with the
order.
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