Bill C-35

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First Reading

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	Offences and Punishment
Contraven- tion of Act	253. (1) Every person commits an offence who contravenes
	(a) a direction given under subsection 214(3) (to stop a vessel or proceed as specified);
	(b) a direction given under any of paragraphs 214(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);
	(c) paragraph 216(b) (failure to notify Minister before loading cargo);
	(d) paragraph 216(c) (failure to notify Minister when loading of cargo is complete);
	(e) section 223 (proceed to sea with a person without their consent);
	(f) subsection 226(1) (disciplining employee);
	(g) subsection 230(9) (giving clearance to detained vessel);
	(h) subsection 230(10) (moving detained vessel);
	(i) section 231 (interfering with service of notice); or
	(j) a direction given under subsection 235(1) (not to enter or to leave Canadian waters).
Punishment	(2) Every person who commits an offence under subsection (1) is liable
	(a) on conviction on indictment,
	(i) if the offence is committed knowingly, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both, and
	(ii) if the offence is committed negligently, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both.
Contraven- tion of Act or regulations	254. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
	(a) a direction given under subsection 215(2) (to store something);
	(b) paragraph 216(a) (notify Minister on arrival with prescribed cargo);
	(c) section 221 (departing without clearance); and
	(d) a provision of the regulations made under this Part.
Punishment	(2) Every person who, or vessel that, commits an offence under subsection (1) is liable
	(a) on conviction on indictment,
	(i) 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 two years, or to both, and
	(ii) 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 two years, or to both; and
	(b) on summary conviction,
	(i) if the offence is committed knowingly, to a fine of not more than $50,000, and
	(ii) if the offence is committed negligently, to a fine of not more than $25,000.
	PART 12
	MISCELLANEOUS
	Goods
Definition of ``carrier''	255. In sections 256 and 258, ``carrier'' means a person with whom a shipper of goods enters into a contract of carriage of the goods by water.
Carrier's lien	256. (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.
Notice of lien to owner of goods	(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.
Notice of lien to third parties	(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.
Third party's protection	(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.
Sale or other disposition of goods	257. (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
	(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
	(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.
Application of proceeds of disposition	(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.
Responsibi- lity for goods	258. 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.
	Offences by Vessels
Proof of offence	259. (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 neglect 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.
Directions	(2) For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master or any person on board, other than a person carrying out an inspection under this Act or a pollution prevention officer, is deemed to have been given to the vessel.
	Offences by Persons
Damage to environment and risk of death or harm to persons	260. (1) Every person is guilty of an offence and liable on conviction on indictment to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act,
	(a) intentionally or recklessly causes a disaster that results in the loss of life or serious damage to the environment; or
	(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.
Criminal negligence	(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.
	Prohibitions on Conviction
Court order	261. 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
	(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
	(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.
	Summary Conviction Proceedings
Limitation period	262. (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the date when the subject-matter of the proceedings arose.
Defendant outside Canada	(2) 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.
	Jurisdiction
Jurisdiction in case of offences	263. (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.
Presumption of jurisdiction	(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.
Jurisdiction over vessels lying off coasts	264. (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.
Added power of courts	(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.
	Damage Occasioned by Foreign Vessels
Power to detain foreign vessel that has caused damage	265. If the Federal Court is satisfied that damage or loss has in any part of the world been caused to property that belongs to Her Majesty in right of Canada or a province or to a qualified person by the fault, in whole or in part, of a vessel that is registered in a foreign state and that is at the time of the application in Canadian waters, on ex parte application the Federal Court may issue an order requiring any person named by the Court to detain the vessel until the applicant has been compensated for the damage or loss or until security, in the form and amount approved by the Court, is deposited with the Court.
	Defence
Defence available in certain cases	266. It is a defence in proceedings under this Act for contravening a direction that the vessel to which or person to whom the direction was given
	(a) believed on reasonable grounds that complying with the direction would have imperilled life, the environment or any vessel or property; and
	(b) notified the person who gave the direction, as soon as feasible, of the contravention and of the reasons for it.
	Depositions in Legal Proceedings
Depositions received when witness cannot be produced	267. (1) A deposition of a witness is admissible in evidence in the course of a proceeding under this Act if
	(a) the testimony of the witness is required in relation to the subject-matter of the proceeding and the witness cannot be found in Canada;
	(b) the deposition was made on oath outside Canada in relation to the same subject-matter before a justice or magistrate of another state or before a diplomatic or consular officer of Canada or a person recognized by Her Majesty in right of Canada as a diplomatic or consular officer of another state, and the deposition is signed by the justice, magistrate or officer; and
	(c) in the case of a criminal proceeding, the deposition was made in the presence of the person accused and that fact is certified by the justice, magistrate or officer.
Certificate as evidence	(2) It is not necessary in any case to prove the signature or official character of the person who appears to have signed the deposition, and in a criminal proceeding a certificate under this section is, unless the contrary is proved, sufficient evidence that the deposition was made in the presence of the person accused.
Certified copies	(3) A copy of the deposition or an extract from one is admissible in evidence if it purports to be signed and certified as a true copy or extract by the justice, magistrate or officer.