Bill C-14
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Regulations |
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Regulations
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244. The Governor in Council may, on the
recommendation of the Minister, make
regulations for carrying out the purposes and
provisions of this Part, including regulations
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Offences and Punishment |
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Contraven- tion of Act
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245. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
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Contraven- tion of Act or regulations
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246. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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Punishment
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(2) Every person who, or vessel that,
commits an offence under subsection (1) is
liable on summary conviction to a fine of not
more than $100,000 or to imprisonment for a
term of not more than one year, or to both.
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PART 12 |
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MISCELLANEOUS |
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Goods |
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Definition of
``carrier''
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247. In sections 248 and 250, ``carrier''
means a person with whom a shipper of goods
enters into a contract of carriage of the goods
by water.
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Carrier's lien
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248. (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.
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Notice of lien
to owner of
goods
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(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.
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Notice of lien
to third parties
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(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.
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Third party's
protection
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(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.
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Sale or other
disposition of
goods
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249. (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
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Application of
proceeds of
disposition
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(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.
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Responsibi- lity for goods
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250. 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.
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Stevedoring |
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Actions in rem
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251. (1) A person who has contracted with
the authorized representative or a bare-boat
charterer of a vessel in Canada to provide
stevedoring may maintain an action in rem in
the Federal Court, or any court of competent
jurisdiction whose rules provide for in rem
procedure in respect of vessels, for a claim in
respect of the stevedoring.
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Limitation
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(2) The right of action in rem referred to in
subsection (1) may be exercised only while
the vessel is chartered to the bare-boat
charterer and only if the bare-boat charterer is
joined as a defendant.
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Does not
affect other
rights
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(3) For greater certainty, nothing in this
section limits the right of a person to maintain
an action in rem for stevedoring under
Canadian maritime law, within the meaning of
subsection 2(1) of the Federal Court Act.
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Definition of
``stevedoring'
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(4) In this section, ``stevedoring'' includes
trimming, lighterage and the supply of any
goods or services in relation to stevedoring.
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Proof of Offences by Vessels |
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Proof of
offence
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252. (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 omission 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.
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Directions
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(2) For the purpose of prosecuting a vessel
for contravening a direction given under this
Act, a direction given to the master, a crew
member or any person on board who is, or
appears to be, in charge of the vessel, is
deemed to have been given to the vessel.
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Offences |
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Damage to
environment
and risk of
death or harm
to persons
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253. (1) Every person is guilty of an offence
and liable on conviction on indictment to a
fine or to imprisonment for a term of not more
than five years, or to both, who, in committing
an offence under this Act,
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Criminal
negligence
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(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.
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Due Diligence |
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Persons
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254. (1) No person may be found guilty of
an offence under this Act if the person
establishes that they exercised due diligence
to prevent its commission.
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Vessels
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(2) No vessel may be found guilty of an
offence under this Act if the person who
committed the act or omission that constitutes
the offence establishes that they exercised due
diligence to prevent its commission.
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Prohibitions on Conviction |
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Court order
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255. 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
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Summary Conviction Proceedings |
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Limitation
period
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256. (1) Proceedings by way of summary
conviction under this Act may be instituted
within two years after the day on which the
Minister of Transport or the Minister of
Fisheries and Oceans, as the case may be,
becomes aware of the subject-matter of the
proceedings.
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Certificate of
Minister
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(2) A document that purports to have been
issued by the Minister referred to in subsection
(1), and that certifies the day on which that
Minister became aware of the subject-matter
of the proceedings, is admissible in evidence
without proof of the signature or official
character of the person appearing to have
signed the document and is evidence that the
Minister became aware of the subject-matter
on that day.
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Defendant
outside
Canada
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(3) 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.
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Jurisdiction |
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Jurisdiction in
case of
offences
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257. (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.
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Presumption
of jurisdiction
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(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.
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Jurisdiction
over vessels
lying off
coasts
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258. (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.
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Added power
of courts
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(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.
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