Section 4 - Extract from Canada Shipping Act, 2001

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Inspections by Marine Safety Inspectors and Others

Appointment of marine safety inspectors

11. (1) Marine safety inspectors are appointed or deployed under the Public Service Employment Act.

Authorizations

11. (2) The Minister of Transport may authorize a marine safety inspector to exercise any power or perform any duty or function of the Minister under this Act, including quasi-judicial powers and the administration of examinations referred to in subsection 16(2), or to carry out inspections under section 211, including the following:

  1. inspections of hulls;
  2. inspections of machinery;
  3. inspections of equipment;
  4. inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention — Department of Transport); and
  5. inspections of cargo.

Directions to Vessels

Powers in case of discharge

189. If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may:

  1. direct a vessel, if it is about to enter or is within waters to which this Part applies, to provide the Minister with any information that the Minister considers appropriate for the administration of this Part;
    1. direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;
  2. direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;
  3. direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route and in the manner that the Minister may specify; and
  4. direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to:
    1. unload the pollutant, or
    2. moor, anchor or remain there for any reasonable period that the Minister may specify.

Inspections

Stopping a vessel

211. (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.

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