GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
The right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Unless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
No provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
States Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 States may express their consent to be bound by this Convention by: (a) signature without reservation as to ratification, acceptance or approval; or (b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (c) accession.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) signature without reservation as to ratification, acceptance or approval; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention: (a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation; (b) when the salvage operations take place in inland waters and no vessel is involved; (c) when all interested parties are nationals of that State; (d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) when the salvage operations take place in inland waters and no vessel is involved;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) when all interested parties are nationals of that State;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (d)
(d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 A conference for the purpose of revising or amending this Convention may be convened by the Organization.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention shall be deposited with the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 The Secretary-General shall: (a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof; (ii) the date of the entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect; (iv) any amendment adopted in conformity with article 32; (v) the receipt of any reservation, declaration or notification made under this Convention; (b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof; (ii) the date of the entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect; (iv) any amendment adopted in conformity with article 32; (v) the receipt of any reservation, declaration or notification made under this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (i)
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (ii)
(ii) the date of the entry into force of this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (iii)
(iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (iv)
(iv) any amendment adopted in conformity with article 32;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (v)
(v) the receipt of any reservation, declaration or notification made under this Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
HAVING ADOPTED the International Convention on Salvage, 1989,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONSIDERING that payments made pursuant to article 14 are not intended to be allowed in general average,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
REQUESTS the Secretary-General of the International Maritime Organization to take the appropriate steps in order to ensure speedy amendment of the York-Antwerp Rules, 1974, to ensure that special compensation paid under article 14 is not subject to general average.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
IN ADOPTING the International Convention on Salvage, 1989 (hereinafter referred to as “The Convention”),
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONSIDERING IT DESIRABLE that as many States as possible should become Parties to the Convention,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
RECOGNIZING that the entry into force of the Convention will represent an important additional factor for the protection of the marine environment,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONSIDERING that the international publicizing and wide implementation of the Convention is of the utmost importance for the attainment of its objectives,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 I
I RECOMMENDS: (a) that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia; (b) that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 II
II REQUESTS: (a) Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention; (b) Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and (c) the Organization to notify Member States of any communication it may receive under paragraph II(a).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) the Organization to notify Member States of any communication it may receive under paragraph II(a).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
The Government of Canada reserves the right not to apply the provisions of the International Convention on Salvage, 1989 when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the seabed.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (k) subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 14.1
Fund established 14.1 (1) There is established in the accounts of Canada an account to be known as the Vessel Remediation Fund. Credits to Fund (2) There is to be paid into the Consolidated Revenue Fund and credited to the Vessel Remediation Fund (a) any amounts forfeited to His Majesty in right of Canada under subsection 41(2); (b) the amounts of the debts referred to in any of paragraphs 99(1)(a) to (d) and 129(1)(a) to (c) and recovered by His Majesty in right of Canada; (c) all amounts paid under regulations made under paragraph 130(1)(o.1); and (d) the amounts of all fines and penalties paid in respect of the commission of an offence or violation under this Act. Charges to Fund (3) There may be paid out of the Consolidated Revenue Fund and charged to the Vessel Remediation Fund all amounts required by the Minister or the Minister of Fisheries and Oceans to (a) take measures under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsections 37(3) and (4) and to pay compensation under section 44 or subsection 86(6); (b) promote public awareness of the responsibilities associated with vessel ownership; (c) fund research and development activities aimed at improving methods of recycling vessels and disposing of them in a manner that is environmentally responsible; (d) fund research and development activities with respect to vessel and wreck remediation techniques; (e) increase capacity at the local level, including in Indigenous groups and communities, to perform vessel risk assessments and to recycle, dismantle or otherwise dispose of vessels; (f) fund voluntary vessel disposal activities in respect of dilapidated vessels, wrecks, abandoned vessels and vessels that pose, or may pose, a hazard, as well as in respect of vessels at risk of becoming dilapidated vessels, wrecks or abandoned, including for the purposes of repairing, securing, moving or removing the vessels, wrecks and their contents or selling, dismantling, destroying or otherwise disposing of them; (g) pay for the financial and program administration costs incurred in relation to the purposes referred to in paragraphs (a) to (f) and (h), other than the salaries of employees , as defined in subsection 2(1) of the Public Service Employment Act ; and (h) pay for the costs incurred in relation to any other purpose that the Governor in Council may, by order, specify and that relates to dilapidated vessels, wrecks, abandoned vessels or vessels that pose a hazard. Agreement (4) An amount paid out of the Consolidated Revenue Fund under subsection (3) must be in respect of a purpose that is set out in a plan for the use of the Vessel Remediation Fund that is agreed to by the Minister and the Minister of Fisheries and Oceans. Limit on payments (5) No payment is to be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Vessel Remediation Fund. Definitions (6) In subsection (3), the expressions dilapidated vessel , hazard and wreck have the meanings assigned by section 27.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 431
431 Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following: Owner unknown or not located (2) If the owner referred to in subsection (1) is unknown or cannot be located, any amount that is to be paid to them under that subsection is forfeited to His Majesty in right of Canada.
War Service Grants Act — W-2.5 1
Short title 1 This Act may be cited as the War Service Grants Act . R.S., 1952, c. 289, s. 1
War Service Grants Act — W-2.5 2
 purchase of an interest in an existing partnership and the advance of capital for a new partnership, if the partnership business is to be the main occupation of the member and he intends to participate actively in that business; ( achat d’un fonds de commerce ) service means time served on active service in the forces (a) while enlisted or obligated to serve without territorial limitation, (b) in the Aleutian Islands, the United Kingdom or the European or the Mediterranean operational theatres, or (c) while proceeding from Canada to any of the places mentioned in paragraph (b) or returning from any of those places to Canada; ( service ) Western Hemisphere means the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including Newfoundland, Bermuda and the West Indies, but excluding Greenland, Iceland and the Aleutian Islands. ( hémisphère occidental ) R.S., 1970, c. W-4, s. 2; 2000, c. 34, s. 93(F)
War Service Grants Act — W-2.5
business includes trade, industry or profession; ( entreprise ou fonds de commerce )
War Service Grants Act — W-2.5
credit and re-establishment credit mean the credit provided for under Part II; ( crédit ou crédit de réadaptation )
War Service Grants Act — W-2.5
deceased member includes a member of the forces who for the purposes of the force in which he served is officially presumed to have died; ( membre décédé )
War Service Grants Act — W-2.5
dependants’ allowance dependants’ allowance means the marriage allowance and dependants’ allowances prescribed by regulations made by the Governor in Council pursuant to the National Defence Act , the Naval Service Act , chapter 139 of the Revised Statutes of Canada, 1927, The Naval Service Act, 1944 , the Militia Act , chapter 132 of the Revised Statutes of Canada, 1927, or The Royal Canadian Air Force Act , chapter 15 of the Statutes of Canada, 1940, as the case may be; ( indemnité pour charges de famille ou allocations familiales militaires )
War Service Grants Act — W-2.5
discharge means ceasing to serve on active service in the forces since the 10th day of September 1939; ( libération )
War Service Grants Act — W-2.5
forces means the naval, army or air forces of His Majesty raised in Canada; ( forces )
War Service Grants Act — W-2.5
gratuity and war service gratuity mean the gratuity payable under Part I; ( gratification ou gratification de service de guerre )