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Bill C-35

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First Reading

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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.
Duty to assist	(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
	(a) give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and
	(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.
Return of documents and things	(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.
Disposition of samples	(4) An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.
Operation prohibited	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.
	Investigations
Stopping and boarding vessels	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.
	Safe Operation of Pleasure Craft
Duty	204. Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.
	Pleasure Craft Licences
Licensing of pleasure craft	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.
Transfer of licence	(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.
Application	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.
Issuance of licence	(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.
Licence number	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.
Defacing, etc., licence number	(2) No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.
Lost documents	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.
	Regulations
Regulations	209. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting pleasure craft safety and licensing, including regulations
	(a) respecting the issuance and transfer of pleasure craft licences;
	(b) respecting age requirements and qualifications for operators of pleasure craft or classes of pleasure craft and the evidence required to prove compliance with those requirements or qualifications;
	(c) respecting the operation of pleasure craft or classes of pleasure craft;
	(d) respecting training courses and examinations for pleasure craft operators, including the designation and accreditation of persons or organizations that provide them;
	(e) respecting the construction or manufacture of pleasure craft;
	(f) authorizing the issuance, cancellation or suspension of plates in respect of pleasure craft that comply with regulations made under paragraph (e);
	(g) requiring that the plate referred to in paragraph (f) be displayed and specifying the manner in which it must be displayed;
	(h) prohibiting the construction, manufacture, sale, lease, importation or operation of pleasure craft that do not meet the requirements of regulations made under paragraph (e);
	(i) 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 (e);
	(j) respecting the alteration or removal of the hull identification or serial numbers that identify pleasure craft;
	(k) respecting the machinery and equipment required or prohibited on pleasure craft and their use;
	(l) respecting personal flotation devices to be carried on board pleasure craft or classes of pleasure craft, including specifying the circumstances in which those devices must be worn; and
	(m) respecting the reporting of accidents involving pleasure craft.
Regulations - pollution	(2) The Governor in Council may, on the recommendation of the Minister, make regulations regulating or prohibiting the discharge of pollutants from pleasure craft.
	Offences and Punishment
Contraven- tion of Act	210. (1) Every person commits an offence who contravenes
	(a) subsection 200(1) (ensure a pleasure craft is constructed in accordance with the regulations);
	(b) subsection 200(2) (selling a pleasure craft without a plate); or
	(c) a direction given under section 202 (not to operate a pleasure craft).
Punishment	(2) Every person who commits an offence under subsection (1) is liable on summary conviction
	(a) if the offence is committed knowingly, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months, or to both; and
	(b) if the offence is committed negligently, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both.
Contraven- tion of Act or regulations	211. (1) Every person commits an offence who contravenes
	(a) a direction given under any of paragraphs 199(3)(b) to (d) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place);
	(b) subsection 199(4) (give reasonable assistance, produce documents or provide information);
	(c) subsection 201(2) (give reasonable assistance, produce documents or provide information);
	(d) section 204 (ensure that a pleasure craft meets the requirements of the regulations);
	(e) section 205 (obtain a licence for a pleasure craft);
	(f) subsection 207(1) (operating pleasure craft without licence number marked);
	(g) subsection 207(2) (defacing, altering, concealing or removing licence number); or
	(h) a provision of the regulations made under this Part.
Punishment	(2) Every person who commits an offence under subsection (1) is liable on summary conviction
	(a) if the offence is committed knowingly, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
	(b) if the offence is committed negligently, to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Limitation period	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.
Minister's certificate	(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.
	PART 11
	ENFORCEMENT - DEPARTMENT OF TRANSPORT
	Interpretation
Definitions	213. The definitions in this section apply in this Part.
``Minister'' « ministre »	``Minister'' means the Minister of Transport.
``relevant provision'' « disposition visée »	``relevant provision'' means a provision of the Act or the regulations that the Minister is responsible for administrating.
	Inspections
Authorized persons and organizations	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.
Limitation	(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.
Stopping a vessel	(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.
Inspections	(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
	(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment on a vessel being inspected;
	(b) direct the master of a vessel to prohibit or limit access to any part of the vessel for as long as specified;
	(c) direct the master of a vessel not to move the vessel until the inspection is completed;
	(d) direct the master of a vessel to muster the crew or to carry out any emergency or safety procedure required by the regulations;
	(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have under a relevant provision;
	(f) take photographs and make video recordings and sketches;
	(g) take or remove for analysis samples of any material or substance or any biological, chemical or physical agents or substances;
	(h) use or cause to be used any computer system or data processing system at the place where the inspection is being carried out to examine any data contained in, or available to, the system;
	(i) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;
	(j) 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
	(k) 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.
Disposition of samples	(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.
Return of documents and things	(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.
Seizure	215. (1) During an inspection, a marine safety inspector may seize and detain anything
	(a) by means of which or in relation to which the inspector believes on reasonable grounds that a relevant provision has been contravened; or
	(b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of a relevant provision.
Storage or removal	(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.
Return of things or forfeiture	(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.