GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 63
When wrecks may be disposed of 63 (1) A receiver of wreck may sell, dismantle, destroy or otherwise dispose of a wreck that was the subject of a report referred to in subsection 58 (1), or authorize its disposition, only if (a) 30 days have elapsed after the day on which notice was given that the wreck was reported; or (b) in the opinion of the receiver, the wreck is likely to deteriorate rapidly. Proceeds held by receiver of wreck (2) The proceeds, if any, of a disposition under subsection (1) must be held by the receiver of wreck for not less than 30 days after the day on which the disposition occurred. Payment to Receiver General (3) The proceeds of a disposition under subsection (1) must be paid, less the amounts described in paragraphs 61 (c) to (e), to the Receiver General (a) if no claim has been submitted in accordance with paragraph 61 (a); or (b) if a claim to the wreck has not been established within the period that the receiver of wreck considers appropriate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 64
Consent not required 64 A person that has been awarded all or part of a wreck under section 59 or that obtains a wreck under section 63 is not required to obtain the consent of its owner to register it as a vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001 .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 65
Unpaid salvage award, fees, etc. 65 If a person has established a claim to a wreck, but has not paid the salvage award or the costs and expenses described in paragraphs 61 (c) to (e) within 30 days after the day on which the receiver of wreck notified the person that the amounts were due, the receiver may sell, dismantle, destroy or otherwise dispose of all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the award and the costs and expenses described in paragraphs 61 (c) to (e), and release whatever remains of the wreck and pay any amount that remains from the proceeds to that person.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 66
Prosecutions or violations 66 In any proceeding related to a contravention of this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 67
Minister of Fisheries and Oceans — authority to enter 67 (1) The Minister of Fisheries and Oceans may, in exercising the powers referred to in sections 21 , 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, enter a place, including a vessel or wreck. Powers on entry (2) The Minister of Fisheries and Oceans may, in exercising those powers or for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination, testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to his or her satisfaction. Minister of Fisheries and Oceans — other powers (3) The Minister of Fisheries and Oceans, in exercising the powers referred to in sections 21 , 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, may (a) direct any person to provide any information; and (b) direct the vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada, (i) to stop, (ii) to provide any information, (iii) to proceed through those waters or to the place that he or she may specify within those waters, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify, (iv) to proceed out of those waters, by the route and in the manner that he or she may specify, or (v) to remain outside those waters. Emergency zone (4) The Minister of Fisheries and Oceans may, if he or she has reasonable grounds to believe that a vessel or wreck poses a hazard that is grave and imminent, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and (a) direct any vessel within that emergency zone to report its position to him or her; (b) direct any person or vessel to leave or not to enter the emergency zone or any vessel not to leave the emergency zone; and (c) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements. Exclusive economic zone (5) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 68
Disposition of samples 68 (1) The Minister of Fisheries and Oceans may dispose of a sample taken under paragraph 67 (2)(h) in any manner that he or she considers appropriate or may submit it for analysis or examination to any person that he or she considers appropriate. Certificate or report (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 69
Return of anything removed 69 (1) Anything removed under paragraph 67 (2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the opinion of the Minister of Fisheries and Oceans, is no longer useful; or (b) the owner is unknown or cannot be located. Thing not returned (2) The Minister of Fisheries and Oceans may dispose of anything that is not returned under subsection (1), in the manner that he or she considers appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 70
Interference 70 Unless authorized by the Minister of Fisheries and Oceans, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 67 (2)(h) or anything removed under paragraph 67 (2)(j).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 71
Designation by Minister 71 The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of this Act — other than subsection 19 (1), section 20 , subsection 21 (1), paragraph 36 (c), subsection 37 (1), paragraphs 67 (2)(e), (k) and (m), subsections 67 (3) and (4) and section 70 — and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 72
Designation by Minister of Fisheries and Oceans 72 The Minister of Fisheries and Oceans may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of subsection 19 (1), section 20 , subsection 21 (1), paragraph 36 (c), subsection 37 (1), paragraphs 37 (3)(c), 67 (2)(e), (k) and (m), subsections 67 (3) and (4) and sections 70 , 87 and 88 and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 73
Certificate of designation 73 The Minister or the Minister of Fisheries and Oceans, as the case may be, must provide every enforcement officer with a certificate of their designation and, if the officer’s powers are limited under section 71 or 72 , the certificate must specify the powers that the officer may exercise.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 74
Authority to enter 74 (1) An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a vessel or wreck, in which the enforcement officer has reasonable grounds to believe that (a) there is anything to which this Act applies; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or (c) there is any book, record, electronic data or other document relating to the application of this Act. Powers on entry (2) The enforcement officer may, for that purpose, (a) examine the place and anything in the place; (b) use any means of communication or cause it to be used; (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it; (d) prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data; (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document; (f) use any copying equipment or cause it to be used; (g) conduct tests or analyses; (h) take measurements or samples; (i) take photographs or make recordings or sketches; (j) remove anything for the purposes of examination, testing or copying; (k) direct any person to put anything into operation or to cease operating it; (l) prohibit or limit access to all or part of the place or to anything in the place; and (m) direct any person to establish their identity to the enforcement officer’s satisfaction. Powers — direction to provide information (3) An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act, (a) direct any person to provide any information; and (b) direct a vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada, to provide any information. Powers — direction to vessel (4) If an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, they may direct a vessel that is about to enter or is within Canadian waters or in the exclusive economic zone of Canada (a) to stop; (b) to proceed through those waters or to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify; (c) to proceed out of those waters, by the route and in the manner that they may specify; or (d) to remain outside those waters. Exclusive economic zone (5) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 75
Entering living quarters 75 (1) An enforcement officer must not enter living quarters under subsection 74 (1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel. Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the living quarters are a place referred to in subsection 74 (1); (b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant to enter living quarters, an enforcement officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Means of telecommunication (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. 2019, c. 1, s. 75 2022, c. 17, s. 75
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 76
Disposition of samples 76 (1) An enforcement officer who takes a sample under paragraph 74 (2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate. Certificate or report (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination. Certificate or report admissible in evidence (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Attendance of person (4) The party against whom the certificate or report is produced may, with leave of the court or of the Transportation Appeal Tribunal, require for the purposes of cross-examination the attendance of the person that issued it. Notice (5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 77
Return of anything removed 77 (1) Anything removed under paragraph 74 (2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the enforcement officer’s opinion, is no longer useful; or (b) the owner is unknown or cannot be located. Thing not returned (2) An enforcement officer may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 78
Interference 78 Unless authorized by an enforcement officer, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 74 (2)(h) or anything removed under paragraph 74 (2)(j).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 79
Seizure 79 For the purpose referred to in subsection 74 (1), an enforcement officer may seize and detain anything (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 80
Custody of things seized 80 If an enforcement officer seizes a thing, the enforcement officer, or any person that they may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 81
Liability for costs and expenses 81 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 83
Interference with service of notice 83 It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 84
Permission or direction to move vessel 84 (1) The Minister or the Minister of Fisheries and Oceans may, in respect of a vessel that is subject to a detention order, (a) on application made by the authorized representative of the vessel or, in the absence of an authorized representative, the person in charge of the vessel, permit the vessel to be moved in accordance with the directions of the Minister or the Minister of Fisheries and Oceans; and (b) on application made by the owner of a dock or wharf — or by the person in charge of a place — at which the detained vessel is situated, direct the authorized representative or person in charge of the vessel to move it in accordance with the directions of the Minister or the Minister of Fisheries and Oceans. Non-compliance with paragraph (1)(b) (2) If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister or the Minister of Fisheries and Oceans is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister or the Minister of Fisheries and Oceans may authorize the applicant to move the vessel in accordance with that Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner. 2019, c. 1, s. 84 2023, c. 26, s. 433
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 85
References 85 For the purposes of sections 82 to 84 , in the case of a wreck that is subject to Part 4, a reference to the owner or person in charge is to be read as a reference to a person that has possession of the wreck.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 86
Accompanying persons 86 (1) If an enforcement officer or the Minister of Fisheries and Oceans enters a place under subsection 67 (1) or 74 (1), as the case may be, they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act. Entry on private property — Minister (2) The Minister and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to take the measures referred to in subsection 30 (3) or section 35 . Entry on private property — enforcement officer (3) An enforcement officer and any person accompanying them may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 74 (1). Entry on private property — Minister of Fisheries and Oceans (4) The Minister of Fisheries and Oceans and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 67 (1). Use of property (5) If required, the Minister or the Minister of Fisheries and Oceans may use property adjacent to or in the vicinity of the vessel or wreck for the purposes of repairing, securing, moving, removing, dismantling or destroying the vessel, the wreck or their contents. Compensation (6) Her Majesty in right of Canada may compensate the owner of a property, or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (5) that exceeds the value of the benefit derived by the owner or person, as the case may be, from the fact that, through the use of that property, the vessel, the wreck or their contents were repaired, secured, moved, removed, dismantled or destroyed.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 87
Duty to assist 87 The owner of a place that is entered by the Minister of Fisheries and Oceans under subsection 67 (1) or by an enforcement officer under subsection 74 (1), the person in charge of the place and every person in it must give all assistance to the enforcement officer or that Minister that is reasonably required to enable them to exercise their powers or perform their duties or functions under this Act and must provide them with any document or information, or access to any data, that they may reasonably require.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 88
Obstruction 88 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, the Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person acting on their behalf or under their direction who is exercising powers or performing duties or functions under this Act.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 89
Definition of Minister 89 In sections 90 to 108 , Minister means the Minister of Transport, except that (a) it means the Minister of Fisheries and Oceans in relation to a violation involving (i) the contravention of subsection 19 (1) or section 20 , or (ii) the contravention of a direction given under subsection 21 (1), paragraph 36 (c), subsection 37 (1), paragraph 67 (2)(e), (k) or (m) or subsection 67 (3) or (4); and (b) it means the minister who gave a direction under paragraph 37 (3)(c), in relation to a violation involving the contravention of that direction.