Canada Shipping Act, 2001

Marginal note:Detention

• 177 (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel.

• Marginal note:Order to be in writing

  (2) 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.

• Marginal note:Detention order to be served on master

  (3) Notice of a detention order made under this section in respect of a vessel must be served on the master

  • (a) by delivering a copy of the notice personally to the master; or

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

• Marginal note:Contents of notice

  (4) The notice must

  • (a) indicate the measures to ensure compliance with this Part that must be taken for the detention order to be rescinded; and

  • (b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister of Fisheries and Oceans for the detention order to be rescinded.

• Marginal note:Foreign state to be notified

  (5) 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.

• Marginal note:Rescission of orders

  (6) A pollution response officer must

  • (a) rescind a detention order made under this section if he or she is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister of Fisheries and Oceans; and

  • (b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission.

• Marginal note:Duty of persons empowered to give clearance

  (7) 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 (6).

• Marginal note:Movement of vessel prohibited

  (8) Subject to section 179, no person shall move a vessel that is subject to a detention order made under this section.

• Marginal note:Liability for expenses

  (9) The authorized representative or, if there is no authorized representative, the owner of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

• Marginal note:Return of security

  (10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,

  • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine has not been paid; and

  • (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed have been paid.