Offences and Punishment
Marginal note:Contravention of Act
208. (1) Every person commits an offence who contravenes
(a) subsection 197(1) (ensure a pleasure craft is constructed in accordance with the regulations); or
(b) subsection 197(2) (selling a pleasure craft without a plate or label).
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.
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.
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
PART 11ENFORCEMENT — DEPARTMENT OF TRANSPORT
210. The definitions in this section apply in this Part.
Minister means the Minister of Transport. (ministre)
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. (disposition visée)
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 or for the purpose of ensuring that the vessel complies with a relevant provision.
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.
(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 on a vessel 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;
(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 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.
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.
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