Bill C-35

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First Reading

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	Inspection of Cargo
Notification of Minister	216. The master of a vessel shall notify the Minister in the form and manner specified by the Minister
	(a) when the vessel arrives at a port in Canada with prescribed cargo;
	(b) before the vessel is loaded at a port in Canada in the prescribed circumstances with concentrates that exceed 18% of the total dead weight carrying capacity of the vessel or with prescribed cargo; and
	(c) when loading of the vessel at a port in Canada with concentrates that exceed 18% of the total dead weight carrying capacity of the vessel or with prescribed cargo is completed.
Boarding a vessel	217. On the request of an interested person, the Minister may board a vessel at any reasonable time for the purpose of inspecting the condition and stowage of its cargo.
Boarding a vessel or entering premises	218. On the request of an interested person, the Minister may at any reasonable time board a vessel or enter any premises or other place to inspect any goods that the person claims were damaged while they were a vessel's cargo.
Powers and restrictions	219. Subsections 214(2) to (6) (inspections) apply, with any modifications that the circumstances require, to inspections carried out under section 217 or 218.
Minister may adjudicate	220. The Minister may, on the written request of the interested parties, adjudicate any dispute between them with respect to the condition of a vessel's cargo. The Minister's decision is binding on the parties.
	Clearance
No departure without clearance	221. Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.
Granting clearance	222. The person who is authorized to grant clearance of a vessel at a port in Canada is not to grant it unless satisfied that the master has all of the documents required under this Act for the clearance.
	Voyage with a Person on Board without Their Consent
Prohibition	223. No master shall proceed on a voyage with a person on board who is exercising powers or performing duties relating to the administration or enforcement of a relevant provision unless the person consents.
	Whistle-blowing
Reasonable grounds	224. (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a relevant provision may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
Confiden- tiality	(2) The Minister must keep confidential the identity of an individual who has notified the Minister under subsection (1) and to whom the Minister has provided an assurance of confidentiality.
Inspection	225. (1) On being notified under subsection 224(1), the Minister is to determine whether an inspection should be carried out by a marine safety inspector.
Costs	(2) If a marine safety inspector determines that the individual who notified the Minister did not have reasonable grounds to believe that a person or vessel had contravened or had intended to contravene a relevant provision, the individual is liable to pay the costs of the inspection.
Prohibition	226. (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
	(a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to the Minister that the employer or any other person had contravened or had intended to contravene a relevant provision;
	(b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is a contravention of a relevant provision;
	(c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention of doing anything that is required to be done in order that a contravention of a relevant provision not be committed; or
	(d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).
Saving	(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
Definitions	(3) In this section, ``employee'' includes an independent contractor and ``employer'' has a corresponding meaning.
	Investigations
Investigations	227. (1) The Minister may appoint any person to investigate shipping casualties or an alleged contravention of a relevant provision.
Limitation	(2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of shipping casualties that have been or are being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.
Search and seizure without warrant	228. (1) If the conditions for obtaining a warrant under section 487 of the Criminal Code exist in respect of the contravention of a relevant provision but by reason of exigent circumstances it would not be feasible to obtain one, a marine safety inspector may exercise the powers of search and seizure provided in that section without a warrant.
Living quarters	(2) A marine safety inspector may not search living quarters without a warrant unless the inspector first obtains the consent of the occupant.
Additional powers	(3) In the course of a search under subsection (1) or section 487 of the Criminal Code, a marine safety inspector has all the powers referred to in subsection 214(4) (inspections).
	Analysis and Examination
Submission	229. (1) A marine safety inspector may submit to a person designated by the Minister, for analysis or examination, anything seized or any sample taken under this Part.
Certificate or report	(2) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.
Certificate	(3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to the contravention of a relevant provision and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.
Attendance of analyst	(4) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.
Notice	(5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
	Detention of Vessels
Optional detention	230. (1) If a marine safety inspector believes on reasonable grounds that a contravention of a relevant provision has been committed by or in respect of a vessel or that the vessel is not seaworthy, the inspector may make a detention order in respect of the vessel.
Mandatory detention - unsafe vessels	(2) The inspector must make a detention order if the contravention is a contravention of section 109 (too many passengers) or the inspector also believes on reasonable grounds that the vessel is unsafe, that it is unfit to carry passengers or crew members or that its machinery or equipment is defective in any way so as to expose persons on board to serious danger.
Mandatory detention - foreign vessels	(3) If an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 237 in respect of a contravention of a relevant provision that is alleged to have been committed by or in respect of a foreign vessel, a marine safety inspector shall make a detention order in respect of the vessel.
Order to be in writing	(4) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.
Detention order to be served on master	(5) Notice of a detention order made under this section in respect of a vessel must be served on the master
	(a) by delivering a copy of the notice personally to the master; or
	(b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.
Contents of notice	(6) The notice must
	(a) indicate the measures to ensure compliance with the relevant provision or to render the vessel seaworthy that must be taken for the detention order to be rescinded;
	(b) in the case of a foreign vessel, if an information has been laid, an indictment has been preferred or a notice of violation has been issued or an assurance of compliance has been entered into under section 237 in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the information, indictment or notice, must be deposited with the Minister for the detention order to be rescinded; and
	(c) in the case of a Canadian vessel, if an indictment has been preferred in respect of a contravention of a relevant provision, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.
Foreign state to be notified	(7) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.
Rescission of orders	(8) A marine safety inspector must
	(a) rescind a detention order made under this section if the inspector is satisfied that the measures indicated in the notice referred to in subsection (6) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister; and
	(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (4) of the rescission.
Duty of persons empowered to give clearance	(9) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (8).
Movement of vessel prohibited	(10) Subject to section 232, no person shall move a vessel that is subject to a detention order made under this section.
Liability for expenses	(11) The authorized representative of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.
Return of security	(12) The Minister, after proceedings in respect of which security was deposited are concluded,
	(a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine or penalty has not been paid; and
	(b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine or penalty imposed have been paid.
Interference with service	231. No person shall interfere with the service of a notice of a detention order.
Direction to move a detained vessel	232. The Minister may
	(a) on application made by the authorized representative of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister;
	(b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and
	(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister's directions and at the expense of the authorized representative.

	Sale of Vessels
Distress on vessel for sums ordered to be paid	233. A court, justice of the peace or provincial court judge that orders the authorized representative of a vessel to pay any fine, crew member's wages or other sum of money may, if payment is not made in accordance with the order, order the seizure and sale of the vessel or its machinery or equipment.
Abandoned vessels	234. (1) The Minister may sell a vessel that is deemed abandoned under the regulations and may, by bill of sale, give the purchaser a valid title to it free from any mortgage or other claim on the vessel that exists at the time of the sale.
Vessel may be seized and sold if fine or penalty not paid	(2) At any time after a fine is imposed under a relevant provision against, or a certificate registered under subsection 243(2) (registration in Federal Court) in respect of, a vessel or its authorized representative, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.
Proceeds of sale	(3) Any surplus remaining from the proceeds of a sale is to be distributed in accordance with the regulations after satisfying the following claims in the following order:
	(a) the claims of seafarers for wages;
	(b) the amount of any fine imposed or debt due under a relevant provision;
	(c) the cost of the detention and sale; and
	(d) the cost of returning crew members to the place where they first came on board or to another place to which they and the Minister have agreed.
If proceeds insufficient	(4) If the proceeds of sale of a vessel are insufficient to satisfy the claims described in subsection (3), the Minister may proceed against the authorized representative for the balance owing.