Shipping Conferences Exemption Act, 1987 (R.S.C., 1985, c. 17 (3rd Supp.))

Security

Marginal note:General security

• 23 (1) The Agency may direct any member of a conference to deposit with the Agency such sum of money or other security as it deems necessary, not exceeding in amount or value ten thousand dollars, as a guarantee that the member will comply with this Act, and in the event of a failure to comply with a direction of the Agency under this subsection, the Agency may authorize the seizure and detention of any vessel of the member until such time as such sum of money or other security has been so deposited.

• Marginal note:Payment out of money or security

  (2) Where a member of a conference is convicted of an offence under this Act or the Competition Act and fails to pay any fine imposed on it, the Agency may pay that fine out of any money, or from the proceeds of the sale of any security, deposited by that member pursuant to subsection (1).

• Marginal note:Return or cancellation of security

  (3) Any money or other security deposited with the Agency by a member of a conference under this section may be returned to that member or cancelled, as the case may be, where, in the opinion of the Agency, that security is no longer required.

Offence and Punishment

Marginal note:Non-compliance with Act or regulations

• 24 (1) If a member of a conference fails to comply with an obligation imposed on the member by this Act or the regulations, that member is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $10,000 for each offence.

• Marginal note:Continuing offence

  (2) Where an offence under subsection (1) is committed on more than one day or is continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

• Marginal note:Limitation period

  (3) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than three years after the time when the subject-matter of the proceedings arose.

Transitional

Marginal note:Transitional

25 Where, on the coming into force of section 6, a member of a conference has already filed or caused to be filed pursuant to section 7 of the Shipping Conferences Exemption Act, a document required to be filed by it pursuant to section 6, and where no modification has been made to that document since the coming into force of that section, that member may, in lieu of filing that document pursuant to section 6, file or cause to be filed within sixty days after the coming into force of that section a certificate signed by a person designated for that purpose by the member, describing that document, and the filing of such a certificate shall be deemed to constitute compliance with that section in respect of that document.

Consequential and Related Amendments

26 and 27 [Amendments]

Repeal

28 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*29 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

• Return to footnote ^*[Note: Act, except subsection 4(3), in force December 17, 1987, subsection 4(3) in force February 17, 1988, see SI/88-9.]