Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Contravention of Act or regulations

• 209 (1) Every person commits an offence who contravenes

  • (a) a direction given under any of paragraphs 196(4)(b) to (e) (to operate or cease operating machinery or equipment, to not move a pleasure craft or to move a pleasure craft to a safe place);

  • (b) subsection 196(5) (give reasonable assistance, produce documents or provide information);

  • (c) subsection 198(2) (give reasonable assistance, produce documents or provide information);

  • (d) a direction given under section 199 (not to operate a pleasure craft);

  • (e) section 201 (ensure that a pleasure craft meets the requirements of the regulations);

  • (f) section 202 (obtain a licence for a pleasure craft);

  • (g) section 204 (operating pleasure craft without licence number marked);

  • (h) section 205 (defacing, altering, concealing or removing licence number); or

  • (i) a provision of the regulations made under this Part.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.

PART 11Enforcement — Department of Transport

Interpretation

Marginal note:Definitions

210 The definitions in this section apply in this Part.

Minister

Minister means the Minister of Transport. (ministre)

relevant provision

relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering. (disposition visée)

Inspections

Marginal note:Authorized persons and organizations

• 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.

• Marginal note:Living quarters

  (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.

• Marginal note:Authority to issue warrant

  (2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

  • (a) is necessary for any purpose related to the administration of a relevant provision of Part 8; and

  • (b) has been refused or there are reasonable grounds for believing that it will be refused.

• Marginal note:Use of force

  (2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Stopping a vessel

  (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.

• Marginal note:Direction to authorize vessel

  (3.1) A marine safety inspector may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under subsection (3) to proceed to the place selected by the inspector and moor, anchor or remain there for any reasonable period that the inspector may specify.

• Marginal note:Inspections

  (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

  • (a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;

  • (b) direct the master of a vessel to prohibit or limit access to any part of the vessel for as long as specified;

  • (c) direct the master of a vessel not to move the vessel until the inspection is completed;

  • (d) direct the master of a vessel to muster the crew or to carry out any emergency or safety procedure required by the regulations;

  • (d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;

  • (e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;

  • (f) take photographs and make video recordings and sketches;

  • (g) take or remove for analysis samples of any material or substance or any biological, chemical or physical agents or substances;

  • (h) use or cause to be used any computer system or data processing system at the place where the inspection is being carried out to examine any data contained in, or available to, the system;

  • (i) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

  • (j) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

  • (k) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

• Marginal note:Disposition of samples

  (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.

• Marginal note:Return of documents and things

  (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.

Marginal note:Seizure

• 212 (1) During an inspection, a marine safety inspector may seize and detain anything

  • (a) by means of which or in relation to which the inspector believes on reasonable grounds that a relevant provision has been contravened; or

  • (b) that the inspector believes on reasonable grounds will afford evidence in respect of a contravention of a relevant provision.

• Marginal note:Storage or removal

  (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.

• Marginal note:Return of things or forfeiture

  (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.

Clearance

Marginal note:No departure without clearance

213 Subject to the regulations, no vessel shall depart from a port in Canada unless clearance has been granted.

Marginal note:Granting clearance

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.

Voyage with a Person on Board without Their Consent

Marginal note:Prohibition

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.

Reporting of Alleged Contraventions

Marginal note:Reasonable grounds

• 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.

• Marginal note:Confidentiality

  (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.

Marginal note:Inspection

• 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.

• Marginal note: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.

Marginal note:Prohibition

• 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

  • (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).

• Marginal note:Saving

  (2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

• Marginal note:Definitions

  (3) In this section, employee includes an independent contractor and employer has a corresponding meaning.

Investigations

Marginal note:Investigations

• 219 (1) The Minister may appoint any person to investigate a shipping casualty or an alleged contravention of a relevant provision.

• Marginal note:Limitation

  (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.

• Definition of shipping casualty

  (3) In this section, shipping casualty means

  • (a) any accident or incident associated with a vessel; and

  • (b) any situation or condition that the Minister has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a).