Bill C-14
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PART 11 |
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ENFORCEMENT - DEPARTMENT OF TRANSPORT |
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Interpretation |
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Definitions
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210. The definitions in this section apply in
this Part.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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``relevant
provision'' « disposition visée »
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``relevant provision'' means a provision of the
Act or the regulations that the Minister is
responsible for administering, other than a
provision of the regulations made under
subsection 136(2) in so far as it applies in
respect of vessels that are not Canadian
vessels or foreign vessels .
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Inspections |
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Authorized
persons and
organizations
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211. (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.
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Living
quarters
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(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.
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Stopping a
vessel
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(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.
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Inspections
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(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
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Disposition of
samples
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(5) A person who, or organization that,
takes a sample under paragraph (4)(g) may
dispose of it in any manner that the person or
organization considers appropriate.
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Return of
documents
and things
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(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.
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Seizure
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212. (1) During an inspection, a marine
safety inspector may seize and detain
anything
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Storage or
removal
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(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.
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Return of
things or
forfeiture
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(3) Any thing seized must be returned as
soon as feasible after it is no longer needed for
any proceedings unless it cannot be brought
into compliance with the relevant provisions
and the Minister directs that it not be returned,
in which case 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.
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Clearance |
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No departure
without
clearance
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213. Subject to the regulations, no vessel
shall depart from a port in Canada unless
clearance has been granted.
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Granting
clearance
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214. Any person who is authorized under an
Act of Parliament 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.
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Voyage with a Person on Board without Their Consent |
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Prohibition
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215. 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.
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Reporting of Alleged Contraventions |
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Reasonable
grounds
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216. (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.
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Confidentialit
y
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(2) The identity of an individual to whom
the Minister has provided an assurance of
confidentiality may be disclosed by the
Minister only in accordance with the Privacy
Act .
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Inspection
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217. (1) On being notified under subsection
216(1), the Minister is to determine whether
an inspection should be carried out by a
marine safety inspector.
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Costs
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(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.
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Prohibition
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218. (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
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Saving
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(2) Nothing in this section impairs any right
of an employee either at law or under an
employment contract or collective agreement.
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Definitions
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(3) In this section, ``employee'' includes an
independent contractor and ``employer'' has a
corresponding meaning.
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Investigations |
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Investigations
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219. (1) The Minister may appoint any
person to investigate a shipping casualty or an
alleged contravention of a relevant provision.
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Limitation
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(2) A person appointed under subsection (1)
may not make findings as to the causes and
contributing factors of a shipping casualty that
has been or is being investigated by the
Canadian Transportation Accident
Investigation and Safety Board or that that
Board has informed the Minister they propose
to investigate.
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Definition of
``shipping
casualty''
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(3) In this section, ``shipping casualty''
means
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Search and
seizure
without
warrant
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220. (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.
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Living
quarters
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(2) A marine safety inspector may not
search living quarters without a warrant unless
the inspector first obtains the consent of the
occupant.
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Additional
powers
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(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 211(4)
(inspections).
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Analysis and Examination |
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Submission
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221. (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.
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Certificate or
report
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(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.
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Certificate
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(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.
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Attendance of
analyst
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(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.
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Notice
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(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.
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Detention of Vessels |
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Optional
detention
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222. (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.
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Mandatory
detention -
unsafe vessels
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(2) The inspector must make a detention
order if the contravention is a contravention of
section 110 (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.
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Mandatory
detention -
foreign
vessels
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(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 229 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 must make a
detention order in respect of the vessel.
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Order to be in
writing
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(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.
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Detention
order to be
served on
master
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(5) Notice of a detention order made under
this section in respect of a vessel must be
served on the master
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Contents of
notice
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(6) The notice must
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Foreign state
to be notified
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(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.
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Rescission of
orders
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(8) A marine safety inspector must
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Duty of
persons
empowered to
give clearance
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(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).
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Movement of
vessel
prohibited
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(10) Subject to section 224, no person shall
move a vessel that is subject to a detention
order made under this section.
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Liability for
expenses
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(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.
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Return of
security
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(12) The Minister, after proceedings in
respect of which security was deposited are
concluded,
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Interference
with service
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223. No person shall wilfully interfere with
the service of a notice of a detention order.
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Direction to
move a
detained
vessel
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224. The Minister may
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