GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck: (a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character; (b) was wholly caused by an act or omission done with intent to cause damage by a third party; or (c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 4
4 Nothing in this article shall prejudice any right of recourse against third parties.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 The registered owner shall not be liable under this Convention for the costs mentioned in article 10, paragraph 1 if, and to the extent that, liability for such costs would be in conflict with: (a) the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended; (b) the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended; (c) the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or (d) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended; provided that the relevant convention is applicable and in force.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (d)
(d) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
provided that the relevant convention is applicable and in force.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 To the extent that measures under this Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall apply to questions of the remuneration or compensation payable to salvors to the exclusion of the rules of this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 The registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship of 300 gross tonnage and above by the appropriate authority of the State of the ship’s registry after determining that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in the annex to this Convention, and shall contain the following particulars: (a) name of the ship, distinctive number or letters and port of registry; (b) gross tonnage of the ship; (c) name and principal place of business of the registered owner; (d) IMO ship identification number; (e) type and duration of security; (f) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and (g) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
(a) name of the ship, distinctive number or letters and port of registry;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) name and principal place of business of the registered owner;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (f)
(f) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (g)
(g) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3 (a)
3 (a) A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation. (b) A State Party shall notify the Secretary-General of: (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it; (ii) the withdrawal of such authority; and (iii) the date from which such authority or withdrawal of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General. (c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) A State Party shall notify the Secretary-General of: (i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it; (ii) the withdrawal of such authority; and (iii) the date from which such authority or withdrawal of such authority takes effect. An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (i)
(i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it;
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (ii)
(ii) the withdrawal of such authority; and
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (iii)
(iii) the date from which such authority or withdrawal of such authority takes effect.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (c)
(c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 4
4 The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language(s) of the State may be omitted.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 5
5 The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 6
6 An insurance or other financial security shall not satisfy the requirements of this article if it can cease for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification, which results in the insurance or security no longer satisfying the requirements of this article.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 7
7 The State of the ship’s registry shall, subject to the provisions of this article and having regard to any guidelines adopted by the Organization on the financial responsibility of the registered owners, determine the conditions of issue and validity of the certificate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 8
8 Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 9
9 Certificates issued and certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of meeting the obligations imposed by this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 10
10 Any claim for costs arising under this Convention may be brought directly against the insurer or other person providing financial security for the registered owner’s liability. In such a case the defendant may invoke the defences (other than the bankruptcy or winding up of the registered owner) that the registered owner would have been entitled to invoke, including limitation of liability under any applicable national or international regime. Furthermore, even if the registered owner is not entitled to limit liability, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the maritime casualty was caused by the wilful misconduct of the registered owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the registered owner against the defendant. The defendant shall in any event have the right to require the registered owner to be joined in the proceedings.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 11
11 A State Party shall not permit any ship entitled to fly its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 14.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 12
12 Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security to the extent required by paragraph 1 is in force in respect of any ship of 300 gross tonnage and above, wherever registered, entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 13
13 Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 14
14 If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of registry, stating that it is owned by that State and that the ship’s liability is covered within the limits prescribed in paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Rights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck. Where the maritime casualty consists of a series of occurrences, the six-year period shall run from the date of the first occurrence.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 At the request of not less than one-third of States Parties, a conference shall be convened by the Organization for the purpose of revising or amending this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 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 this Convention, as amended.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis , whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 3
3 Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 4
4 A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 5
5 A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Nothing in this Convention shall prejudice the rights and obligations of any State under the United Nations Convention on the Law of the Sea, 1982, and under the customary international law of the sea.
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 19 November 2007 until 18 November 2008 and shall thereafter remain open for accession. (a) States may express their consent to be bound by this Convention by: (i) signature without reservation as to ratification, acceptance or approval; or (ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (iii) accession. (b) 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 (a)
(a) States may express their consent to be bound by this Convention by: (i) signature without reservation as to ratification, acceptance or approval; or (ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or (iii) accession.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (i)
(i) signature without reservation as to ratification, acceptance or approval; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (ii)
(ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (b)
(b) 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 twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited	instruments of ratification, acceptance, approval or accession with the Secretary-General.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 2
2 For any State which ratifies, accepts, approves or accedes to this Convention after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force in accordance with paragraph 1.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 1
1 This Convention may be denounced by a State Party at any time after the expiry of one year following the date on which this Convention comes 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 to that effect 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, following its receipt by the Secretary-General.
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 or acceded to this Convention 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 entry into force of this Convention; (iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and (iv) other declarations and notifications received pursuant to this Convention; (b) transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.