;

Bill C-9

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Traffic Control
Traffic control	99. Subject to regulations made under section 98, a person or a member of a class of persons designated by the Minister or, where an agreement under subsection 80(5) so provides, by the person who has entered into the agreement, may take the measures necessary for the control of traffic in the Seaway, and sections 57 to 60 apply with such modifications as the circumstances require, except that, in making those modifications to section 59, the references in that section to a person or member of a class of persons designated under subsection 59(1) shall be taken to be references to a person or member of a class of persons designated under this section.
	General
Powers of United States authority	100. The appropriate authority in the United States in respect of the Seaway has the powers necessary to enable it to act, in Canada, jointly or in conjunction with the Minister or with any person who has entered into an agreement under subsection 80(5).
Navigable Waters Protection Act	101. The Navigable Waters Protection Act does not apply to a work , within the meaning of that Act, to which regulations made under section 98 of this Act apply .
International Boundary Waters Treaty Act	102. Nothing in this Part affects the operation of the International Boundary Waters Treaty Act.
	PART 4
	REGULATIONS AND ENFORCEMENT
	Interpretation
Definitions	103. The definitions in this section apply in this Part.
``court'' « tribunal »	``court'' means
	(a) the Ontario Court (General Division);
	(b) the Superior Court of Quebec;
	(c) the trial division or branch of the Supreme Court of Prince Edward Island and Newfoundland;
	(d) the Court of Queen's Bench for New Brunswick, Manitoba, Saskatchewan and Alberta;
	(e) the Supreme Court of Nova Scotia and British Columbia;
	(f) the Supreme Court of the Yukon Territory and the Northwest Territories; and
	(g) the Federal Court - Trial Division.
``court of appeal'' « tribunal d'appel »	``court of appeal'' means, in the province in which an order referred to in subsection 119(3) is made, the court of appeal for that province as defined in section 2 of the Criminal Code. It includes the Federal Court of Appeal.
	Regulations
Regulations	104. (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1 or 2 applies, including regulations for the safety of persons and ships in those waters.
Application	(2) Regulations made under subsection (1) may apply only to navigable waters designated by the Governor in Council.
Application to Crown	(3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.
Regulations	105. (1) The Governor in Council may make regulations generally for carrying out the purposes of this Act.
Application to Crown	(2) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.
	Traffic Control
Traffic control	106. Subject to regulations made under section 104, a person or a member of a class of persons designated by the Minister under this section may take the measures necessary for the control of traffic in the navigable waters designated by the Governor in Council under subsection 104(2), and sections 57 to 60 apply with such modifications as the circumstances require, except that, in making those modifications to section 59, the references in that section to a person or member of a class of persons designated under subsection 59(1) shall be taken to be references to a person or member of a class of persons designated under this section.
	Liability for Fees
Ships and cargo	107. (1) The fees and interest fixed under this Act in respect of a ship or goods shall be paid by the owner or the person in charge of the ship or the owner of the goods without prejudice to any right of recourse the owner or person may have in law against a third party for the recovery of the amounts so paid.
Fees for use	(2) The fees and interest fixed under this Act in respect of a person, vehicle or aircraft shall be paid by that person or by the owner of the vehicle or aircraft.
	Enforcement
	Designation
Enforcement officers	108. (1) The Minister may designate any person or member of a class of persons as an enforcement officer for any of the purposes of this Act or the regulations and shall furnish each person so designated with a certificate of designation setting out the purposes and areas for which the enforcement officer is designated .
Area of designation	(2) A designation as an enforcement officer is in respect of any of the following areas:
	(a) a port in respect of which letters patent have been issued to a port authority;
	(b) a public port or public port facility;
	(c) all or part of the Seaway; or
	(d) all or part of the navigable waters designated under subsection 104(2).
Certificate to be produced	(3) In carrying out duties and functions under this Act, an enforcement officer shall, on request, produce the certificate of designation to the individual appearing to be in charge of any ship, vehicle, aircraft, premises or other place or any goods, in respect of which the officer is acting.
	Inspection
Powers of enforcement officers	109. (1) An enforcement officer may, for the purpose of ensuring compliance with this Act, other than sections 59, 76, 99 and 106, or of a regulation made under this Act, other than under subsection 27(2),
	(a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and
	(b) require any person appearing to be in charge of the ship, vehicle, aircraft, premises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper.
Operation of computer systems and copying equipment	(2) In carrying out an inspection of a place, an enforcement officer may
	(a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;
	(b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and
	(c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.
Duty to assist enforcement officers	110. The owner or person who is in possession or control of a place that is inspected under section 109, and every person who is found in the place, shall
	(a) give the enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and
	(b) provide the enforcement officer with any information relevant to the administration of this Act or the regulations that the officer may reasonably require.
	Search and Seizure
Warrant	111. (1) An enforcement officer with a warrant issued under subsection (3) may, at any reasonable time, search any ship, vehicle, aircraft, premises or other place if the officer believes on reasonable grounds that there is in the place
	(a) anything on or in respect of which an offence under this Act is being or has been committed; or
	(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act.
Seizure	(2) An enforcement officer may seize anything found in the course of a search that the officer believes on reasonable grounds is a thing referred to in paragraph (1)(b).
Warrant	(3) A justice may issue a warrant authorizing the enforcement officer named in it to carry out a search, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist.
Use of force	(4) In executing a warrant, an enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.
Where warrant not necessary	112. (1) Subject to subsection (2), an enforcement officer may exercise the powers described in subsection 111(1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.
Living quarters	(2) An enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occupant.
Powers during search	113. In carrying out a search of a place under section 111 or 112, an enforcement officer may exercise the powers described in section 109.
Entry	114. An enforcement officer or any person accompanying an enforcement officer may, while carrying out an inspection or search under this Act, enter on and pass through or over private property without the owner of the property having the right to object to that use of the property.
	Detention of Ships
Detention - enforcement officer	115. (1) An enforcement officer may make a detention order in respect of a ship or goods carried on a ship if the officer believes on reasonable grounds
	(a) that the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act;
	(b) that an amount is due and payable for fees or interest imposed under this Act; or
	(c) that property that is managed by a port authority, the Minister or a person who has entered into an agreement under subsection 80(5) has been damaged by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.
Detention - other	(2) A person designated under subsection 59(1) may make a detention order in respect of a ship or goods if the person believes on reasonable grounds that an offence described in subsection 60(1) has been committed by or in respect of the ship.
Geographical application of section	(3) The power to make a detention order under this section may be exercised only within the area specified in the designation of the enforcement officer or person designated under subsection 59(1).
Order to be in writing	(4) A detention order made under subsection (1) or (2) shall be in writing and be addressed to all persons who, at the place where the ship is or will be, are authorized to give a clearance in respect of the ship.
Notice of detention order to be served on master	116. (1) Where a detention order under subsection 115(1) or (2) is made in respect of a ship, notice of the order shall be served on the master of the ship
	(a) by delivering a copy of it personally to the master; or
	(b) if personal service is not reasonably practicable,
	(i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or
	(ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.
Offence to depart while under detention	(2) Where notice of a detention order in respect of a ship is served under subsection (1) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from the port in which it is detained, the master or owner, as the case may be, is guilty of an offence.
Duty of persons authorized to give clearance	(3) Subject to subsection (4), no person to whom a detention order is addressed in accordance with subsection 115(4) shall, after receipt of the order, give clearance in respect of the ship to which the order relates.
When clearance shall be given	(4) A person to whom a detention order is addressed in accordance with subsection 115(4) and who has received the order shall give clearance in respect of the ship to which the order relates if the person believes on reasonable grounds that
	(a) the ship has not been charged with an offence under this Act within thirty days after the making of the detention order;
	(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and
	(i) security satisfactory to the Minister for payment of the maximum fine that could be imposed, or security in a lesser amount approved by the Minister, is given to Her Majesty in right of Canada, or
	(ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued;
	(c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be;
	(d) an amount is claimed against the ship for damages referred to in paragraph 115(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 80(5), as the case may be, and of a kind satisfactory to them; or
	(e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 80(5), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 115(1)(c).
Court may determine amount of security	(5) Where the owner or master of a ship disputes the amount of security demanded under paragraph (4)(c) or (d), the owner may apply to a court to determine the amount of security.
Sale of ship where no appearance and no security	117. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 80(5), as the case may be, may apply to a court for an order authorizing the sale of a ship where
	(a) the ship is detained under a detention order in respect of an offence under this Act;
	(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order;
	(c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and