Warrant	(2) A justice may issue a warrant authoriz ing the enforcement officer named in it to carry out a search, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist.
Use of force	(3) In executing a warrant, an enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.
Where warrant not necessary	100. (1) Subject to subsection (2), an enforcement officer may exercise the powers described in subsection 99(1) without a war rant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.
Living quarters	(2) An enforcement officer may not search living quarters without a warrant unless the officer first obtains the consent of the occu pant.
Powers during search	101. In carrying out a search of a place under section 99 or 100, an enforcement officer may exercise the powers described in section 97.
Entry	102. An enforcement officer or any person accompanying an enforcement officer may, while carrying out an inspection or search under this Act, enter on and pass through or over private property without the owner of the property having the right to object to that use of the property.
	Detention of Ships
Detention - enforcement officer	103. (1) An enforcement officer may make a detention order in respect of a ship or goods carried on a ship if the officer believes on reasonable grounds
	(a) that the owner or person in charge of the ship or goods has, in respect of the ship or goods, contravened any provision of this Act;
	(b) that an amount is due and payable for fees or interest imposed under this Act; or
	(c) that property that is managed by a port authority, the Minister or a person who has entered into an agreement under subsection 69(2) has been damaged by the ship or through the fault or negligence of a member of the crew of the ship acting in the course of employment or under the orders of a superior officer.
Detention - other	(2) A person designated under subsection 49(1) may make a detention order in respect of a ship or goods if the person believes on reasonable grounds that an offence described in subsection 50(1) has been committed by or in respect of the ship.
Geographical application of section	(3) The power to make a detention order under this section may be exercised only within the area specified in the designation of the enforcement officer or person designated under subsection 49(1).
Order to be in writing	(4) A detention order made under subsec tion (1) or (2) shall be in writing and be addressed to all persons who, at the place where the ship is or will be, are authorized to give a clearance in respect of the ship.
Notice of detention order to be served on master	104. (1) Where a detention order under subsection 103(1) or (2) is made in respect of a ship, notice of the order shall be served on the master of the ship
	(a) by delivering a copy of it personally to the master; or
	(b) if personal service is not reasonably practicable,
	(i) by leaving a copy of it for the master with the person on board who is, or appears to be, in charge of the ship, or
	(ii) by leaving a copy of it with the owner of the ship residing in Canada or, if the owner is unknown or cannot be found, fixing a copy of it to a prominent part of the ship.
Offence to depart while under detention	(2) Where notice of a detention order in respect of a ship is served under subsection (1) and, during the term of the detention order, the master or owner of the ship gives an order for the ship to depart from the port in which it is detained, the master or owner, as the case may be, is guilty of an offence.
Duty of persons authorized to give clearance	(3) Subject to subsection (4), no person to whom a detention order is addressed in accordance with subsection 103(4) shall, after receipt of the order, give clearance in respect of the ship to which the order relates.
When clearance shall be given	(4) A person to whom a detention order is addressed in accordance with subsection 103(4) and who has received the order shall give clearance in respect of the ship to which the order relates if the person believes on reasonable grounds that
	(a) the ship has not been charged with an offence under this Act within thirty days after the making of the detention order;
	(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order and
	(i) security satisfactory to the Minister for payment of the maximum fine that could be imposed, or security in a lesser amount approved by the Minister, is given to Her Majesty in right of Canada, or
	(ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued;
	(c) an amount is due and payable by the ship in respect of fees imposed under this Act and there has been deposited in court security in an amount not exceeding the amount of the fees, including interest, and of a kind satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 69(2), as the case may be;
	(d) an amount is claimed against the ship for damages referred to in paragraph 103(1)(c) and there has been deposited in court security in an amount not exceeding the amount of the damages, as estimated by the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, and of a kind satisfactory to them; or
	(e) an amount satisfactory to the port authority, to the Minister or to the person who has entered into an agreement under subsection 69(2), as the case may be, has been paid to the port authority, the Minister or the person in respect of the ship in respect of the fees payable or the damages referred to in paragraph 103(1)(c).
Court may determine amount of security	(5) Where the owner or master of a ship disputes the amount of security demanded under paragraph (4)(c) or (d), the owner may apply to a court to determine the amount of security.
Sale of ship where no appearance and no security	105. (1) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, may apply to a court for an order authorizing the sale of a ship where
	(a) the ship is detained under a detention order in respect of an offence under this Act;
	(b) the ship has been charged with an offence under this Act within thirty days after the making of the detention order;
	(c) no one has appeared on behalf of the ship to answer to the charge within thirty days after the laying of the charge; and
	(d) the security referred to in paragraph 104(4)(b) has not been given.
Sale of ship where no appearance and no security	(2) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, may apply to a court for an order authorizing the sale of a ship where
	(a) the ship is detained under a detention order for non-payment of fees or interest;
	(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;
	(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and
	(d) the security referred to in paragraph 104(4)(c) has not been given.
Sale of ship where no appearance and no security	(3) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, may apply to a court for an order authorizing the sale of a ship where
	(a) the ship is detained under a detention order in respect of damages referred to in paragraph 103(1)(c);
	(b) proceedings have been commenced against the ship within thirty days after the making of the detention order;
	(c) no one has appeared or filed a response in the proceedings on behalf of the ship within thirty days after the commencement of the proceedings; and
	(d) the security referred to in paragraph 104(4)(d) has not been given.
Sale of ship where appearance but no security	(4) A port authority, the Minister or a person who has entered into an agreement under subsection 69(2), as the case may be, may apply to a court for an order authorizing the sale of a ship where
	(a) the ship is detained under a detention order for one of the reasons referred to in paragraphs 103(1)(a) to (c);
	(b) the ship has been charged with an offence under this Act or proceedings have been brought against it in respect of the non-payment of fees or damages referred to in paragraph 103(1)(c) within thirty days after the making of the detention order;
	(c) within thirty days after the day on which the ship was charged with the offence or the proceedings were commenced, someone has appeared or filed a response on behalf of the ship but the security referred to in subsection 104(4) has not been given; and
	(d) the ship is convicted or found liable, as the case may be, and the fine imposed or the amount of the damages and interest is not immediately paid.
Notice	106. (1) As soon as is feasible after making an application for the sale of a ship under section 105, the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, shall give notice of the application by regis tered mail to
	(a) the registrar of the register in which the ship is recorded;
	(b) the holder of any mortgage against the ship that is registered on the register referred to in paragraph (a); and
	(c) the holder of any maritime lien against the ship and the holder of any like interest, if the holder is known to the port authority, the Minister or the person at the time of application.
Day notice deemed to be given	(2) A notice sent by registered mail is deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt is received by the port authority, the Minister or the person.
Relief from giving notice	(3) Where the court seized of an application for the sale of a ship is satisfied that it is appropriate to do so, the court may relieve the port authority, the Minister or the person of the obligation to give the notice referred to in subsection (1), or authorize them to give the notice in any other manner the court considers appropriate.
Claiming interest	107. (1) Where an application is made for the sale of a ship, the following persons may apply within the periods stated to the court seized of the application for an order de scribed in subsection (2):
	(a) any person referred to in paragraph 106(1)(b) or (c), within sixty days after the notice required under that paragraph is given to the person; and
	(b) any other person who claims an interest in the ship as a mortgagee or as the holder of a maritime lien or any like interest, within sixty days after the application is made.
Order	(2) A court seized of an application made under subsection (1) shall grant the applicant an order declaring the nature, extent and priority of the applicant's interest at the time of the commission of the offence, the non-pay ment of the fees or interest or the causing of damages if it is made to appear to the satisfaction of the court that the applicant
	(a) acquired the interest in good faith before the act or omission for which the ship was detained; and
	(b) is innocent of any complicity or collu sion in respect of the act or omission for which the ship was detained.
Appeal	(3) A person who makes an application under subsection (1), and the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, may appeal to the court of appeal from an order referred to in subsection (2).
Applications under subsection (1) to be heard first	(4) A court shall not hear an application for the sale of a ship until all applications made under subsection (1) in respect of the ship have been heard.
Court may authorize sale	(5) A court seized of an application for the sale of a ship may
	(a) authorize the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, to sell the ship in the manner and subject to the terms and conditions the court considers appropriate; and
	(b) on application by the port authority, the Minister or the person, as the case may be, give directions as to the ranking of the interests of persons who have obtained an order referred to in subsection (2).
Payment of proceeds	108. (1) Where a ship is sold pursuant to an order, the proceeds of the sale shall be applied first to satisfy claims for wages of seamen under the Canada Shipping Act and then to satisfy the following claims in order of priority:
	(a) the following amount:
	(i) the maximum fine that could have been imposed for the offence in a case where subsection 105(1) applies,
	(ii) the fees and interest due and payable in a case where subsection 105(2) ap plies,
	(iii) the amount of the damages in a case where subsection 105(3) applies, or
	(iv) the fine actually imposed or the amount for which the ship is found liable in a case where subsection 105(4) ap plies;
	(b) the costs of the detention and sale; and
	(c) the interests of persons who have obtained an order referred to in subsection 107(2), according to the ranking directed by the court under paragraph 107(5)(b).
Surplus	(2) Any surplus of the proceeds of sale remaining after all claims have been satisfied shall be paid to the person registered as the owner of the ship or, in the absence of any registration, to the person who owns the ship.
Proceedings against owner	(3) Where the proceeds of sale of a ship are insufficient to satisfy the claims described in paragraph (1)(a) or (b), the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, may proceed against the owner of the ship for the balance owing.
Clear title	(4) On selling a ship pursuant to an order, the port authority, the Minister or the person who has entered into an agreement under subsection 69(2), as the case may be, may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim that is in existence at the time of the sale.
Registrability not implied	(5) Nothing in subsection (4) is to be interpreted as meaning that the ship may be registered in the name of the purchaser.
Not duty paid	(6) No ship sold pursuant to this section is deemed to have been duty paid under the Customs Tariff by reason only of that sale.
At risk, cost and charges of owner	(7) Every seizure and detention made under this Act shall be at the risk, cost and charges of the owner of the ship or goods until all amounts due or fines imposed, together with all costs and charges incurred in the seizure and detention and the costs of any conviction obtained, have been paid in full.