Bill C-14
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Sale of Vessels |
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Distress on
vessel for
sums ordered
to be paid
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225. 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.
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Abandoned
vessels
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226. (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.
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Vessel may be
seized and
sold if fine or
penalty not
paid
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(2) At any time after a fine is imposed under
a relevant provision against, or a certificate
registered under subsection 235(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.
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Proceeds of
sale
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(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:
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If proceeds
insufficient
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(4) If the proceeds of sale of a vessel are
insufficient to satisfy the claims described in
subsection (3), the Minister may proceed for
the balance owing against
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Foreign Vessels in Contravention of International Conventions |
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Minister's
powers
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227. (1) If the Minister has reasonable
grounds to believe that a foreign vessel is in
contravention of an international convention
or protocol listed in Schedule 1, the Minister
may
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Limitation
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(2) The Minister may not give a direction
under subsection (1) if, in the Minister's
opinion, doing so would put the safety of the
vessel, any person on board or the
environment at imminent risk.
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Notification
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(3) If the Minister gives a direction under
subsection (1) in respect of a vessel, the
Minister must notify the state where the vessel
is registered of the direction given and the
reason for it.
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Administrative Penalties |
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Interpretation
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Definition of
``violation''
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228. In sections 229 to 244, ``violation''
means a contravention of a relevant provision
that is designated as a violation by the
regulations made under this Part.
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Assurances of Compliance and Notices of
Violation
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If reasonable
grounds to
believe a
violation
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229. (1) If the Minister has reasonable
grounds to believe that a person or vessel has
committed a violation, the Minister may
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Extension of
period
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(2) The Minister may extend the period
specified under subparagraph (1)(a)(i) if the
Minister is satisfied that the person with whom
or vessel with which the assurance of
compliance was entered into is unable to
comply with it because of reasons beyond the
person's or vessel's control.
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Short-form
descriptions in
notices of
violation
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(3) The Minister may establish, in respect of
each violation, a short-form description to be
used in notices of violation.
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Deemed
violation
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230. (1) A person who, or vessel that, enters
into an assurance of compliance is, unless a
review is requested under subsection (2),
deemed to have committed the violation in
respect of which the assurance was entered
into.
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Request for
review
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(2) A person who, or vessel that, enters into
an assurance of compliance may, within 48
hours after the assurance is signed and before
a notice of default is served under subsection
231(2), request a review of the facts of the
violation, in which case the assurance is
deemed to be a notice of violation and a
review under subsection 232(1) of the facts of
the violation and the amount of the penalty is
deemed to have been requested.
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When
assurance of
compliance
complied with
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231. (1) If the Minister is satisfied that an
assurance of compliance has been complied
with, the Minister must cause a notice to that
effect to be served on the person or vessel and,
on the service of the notice,
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When
assurance of
compliance
not complied
with
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(2) If the Minister is of the opinion that a
person who, or vessel that, has entered into an
assurance of compliance has not complied
with it, the Minister may cause a notice of
default to be served on the person or vessel to
the effect that, unless an adjudicator
determines under subsection (3) that the
assurance has been complied with,
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Review of
notice of
default
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(3) A person or vessel served with a notice
of default may, within 30 days after being
served and in the prescribed manner, request
a review by an adjudicator of the facts of the
non-compliance with the assurance of
compliance.
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Burden of
proof
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(4) In the case of a review of the facts of a
non-compliance,
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Certain
defences not
available
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(5) A person or vessel named in a notice of
default does not have a defence by reason that
the person or vessel exercised due diligence to
comply with the assurance of compliance.
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No set off
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(6) On the service of a notice of default, the
person or vessel served has no right of set-off
against any amount spent by the person or
vessel under the assurance of compliance.
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Return of
security
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(7) Any security deposited under
subparagraph 229(1)(a)(ii) must be returned
to the person or vessel if
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Notice of
violation
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232. (1) A person or vessel served with a
notice of violation must pay the amount of the
penalty or may, within 30 days after being
served and in the prescribed manner, request
a review by an adjudicator of the facts of the
violation or the amount of the penalty.
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Burden of
proof
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(2) In the case of a review of the facts of a
violation,
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When review
not requested
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(3) If a review is not requested of the facts
of the violation, the person or vessel is deemed
to have committed the violation in respect of
which the notice was served.
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Choice of Proceedings
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How
contravention
may be
proceeded
with
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233. If a contravention can be proceeded
with as a violation or as an offence, the
Minister may commence proceedings in
respect of that contravention as a violation or
recommend that it be proceeded with as an
offence, but it may be proceeded with only as
one or the other.
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Recovery of Debts
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Debts due to
Her Majesty
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234. The following amounts constitute
debts due to Her Majesty in right of Canada
that may be recovered in a court of competent
jurisdiction:
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Certificate of
default
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235. (1) A debt referred to in section 234 in
respect of which there is a default of payment,
or the part of any such debt that has not been
paid, may be certified by the Minister.
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Judgments
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(2) On production to the Federal Court, a
certificate made under subsection (1) is to be
registered in that Court and, when registered,
has the same force and effect, and all
proceedings may be taken on it, as if it were a
judgment obtained in that Court for a debt of
the amount specified in it and all reasonable
costs and charges attendant in its registration.
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Rules of Law about Violations
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Violations are
not offences
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236. For greater certainty, a violation is not
an offence and, accordingly, section 126 of the
Criminal Code does not apply.
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Common law
principles
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237. Every rule and principle of the
common law that renders any circumstance a
justification or an excuse in relation to a
charge for an offence under a relevant
provision applies in respect of a violation to
the extent that it is not inconsistent with this
Act.
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Vicarious
liability -
Canadian
maritime
document
holders
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238. (1) The holder of a Canadian maritime
document is liable for a violation that is
committed in respect of any matter that relates
to an activity or a requirement under that
document, whether or not the person or vessel
that actually committed the violation is
identified or proceeded against in accordance
with this Act.
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Vicarious
liability -
acts of
employees
and agents
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(2) A person or vessel is liable for a
violation that is committed by an employee or
agent of the person or vessel acting in the
course of the employee's employment or
within the scope of the agent's authority,
whether or not the employee or agent who
actually committed the violation is identified
or proceeded against in accordance with this
Act.
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General Provisions
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Notations
removed
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239. (1) Unless the Minister is of the
opinion that it is not in the public interest to do
so, five years after the last day on which any
of the following events occurs the Minister is
to remove every notation of violation or
default, and every suspension or cancellation
of or refusal to issue or renew a Canadian
maritime document on prescribed grounds,
from any records that the Minister may keep
respecting a person or vessel:
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Duty to notify
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(2) The Minister is to give a person or vessel
notice of a decision not to remove a notation
in respect of the person or vessel and
providing all relevant information concerning
the grounds on which the Minister has refused
to remove it.
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Review
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(3) The person may, within 30 days after the
day on which the notice is given, request that
an adjudicator review the decision.
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Disclosure of
notations of
violations
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240. The Minister shall keep a public record
of notations of violations or default kept on
any record that the Minister may keep
respecting the person or vessel.
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Limitation
period
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241. No notice of violation may be issued
more than two years after the day on which the
Minister becomes aware of the contravention.
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Certificate of
Minister
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242. A document that purports to have been
issued by the Minister and certifies the day on
which the Minister became aware of a
violation is evidence, without proof of the
signature or official character of the person
appearing to have signed the document, that
the Minister became aware of the violation on
that day.
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When
compliance
agreement in
effect
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243. If a violation arising out of the
contravention of any provision of Part 4 or the
regulations made under that Part is committed
while an agreement or arrangement is in effect
between the Minister and the authorized
representative of a Canadian vessel that
provides that inspections of the vessel to
ensure compliance with that provision will be
carried out by the authorized representative or
a person or an organization acting on their
behalf, the penalty or range of penalties fixed
under paragraph 244(h) in respect of the
violation is doubled.
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