Bill C-35

Foreign Vessels in Contravention of International Conventions

(a) if the vessel has not entered Canadian waters, direct the vessel not to enter Canadian waters;

(b) if the vessel has entered Canadian waters but is not in a port in Canada, direct the vessel to leave Canadian waters; and

(c) if the vessel is in a port in Canada, direct the vessel to leave Canadian waters, subject to any terms and conditions that the Minister may specify.

Administrative Penalties

(a) enter into an assurance of compliance with the person or vessel that

(i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period and be subject to the terms and conditions that are specified in the assurance,

(ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

(iii) sets out the penalty, established in accordance with the regulations made under this Part, for the violation that the person or vessel would have been liable to pay if the assurance had not been entered into; or

(b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

(i) the penalty, established in accordance with the regulations made under this Part, for the violation that the person or vessel is liable to pay,

(ii) the period within which the penalty must be paid or a review of the notice requested, and

(iii) particulars of the manner in which the penalty must be paid or a review requested.

(a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

(b) any security deposited under subparagraph 237(1)(a)(ii) must be returned to the person or vessel.

(a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

(b) the security deposited under subparagraph 237(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

(a) a notice of default is served under paragraph (2)(a) and the person or vessel pays double the amount of the penalty; or

(b) an adjudicator determines under subsection (3) that the assurance has been complied with.

(a) unless a review of the amount of the penalty is requested under subsection 240(1), the amount of a penalty set out in a notice of violation, from the time the notice is served;

(b) the amount that a notice of default served under subsection 239(2) provides that a person is liable to pay, from the time the notice is served;

(c) the amount of a penalty determined by an adjudicator on a review under subsection 240(1), from the time the adjudicator gives their decision; and

(d) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (c).

Regulations

(a) respecting the investigation of shipping casualties, the alleged contravention of a relevant provision or an incident involving a vessel that, in the opinion of the Minister, jeopardized the safety of persons;

(b) respecting the detention of vessels, including the review of detention orders;

(c) specifying the circumstances in which a vessel is deemed abandoned;

(d) respecting the sale of a vessel under section 234, including measures that must be taken before the vessel is sold and the manner of establishing, and the priority of payment of, claims against the vessel;

(e) designating as a violation that may be proceeded with in accordance with sections 237 to 250 the contravention of a relevant provision that is an offence under this Act;

(f) designating violations that, if continued on more than one day, constitute a separate violation for each day on which they are continued;

(g) designating violations that may be proceeded with by issuing notices of violation and fixing a range of penalties in respect of each such violation, up to a maximum of $25,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;

(h) respecting reviews under subsection 239(3) (notices of default) or subsection 240(2) (notices of violation);

(i) respecting the service of documents required or authorized to be served under this Part, including the manner of serving them, the proof of their service and the circumstances under which they are deemed to have been served; and

(j) prescribing anything that by this Part is to be prescribed.