GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 5
Exclusions 5 (1) Except as otherwise provided by regulations made under paragraph 130(1)(c) or subsection 131(1) and despite subsection (3), this Act does not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces. Exclusions (2) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of (a) a vessel that is owned or operated by Her Majesty in right of Canada or of a province or by a foreign state while that vessel is being used exclusively for non-commercial governmental purposes; and (b) vessels that are on location for the purposes of engaging in the exploration, exploitation or production of mineral resources or that, as a result of an accident or incident, have drifted from that location. Exclusion (3) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of wrecks considered as having heritage value under an Act of Parliament or of the legislature of a province.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 6
Agreements or arrangements 6 (1) The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement. Guidelines (2) The Minister may issue guidelines for the purposes of this Act. 2019, c. 1, s. 6 2023, c. 26, s. 429(E)
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 7
Delegation — Minister 7 (1) The Minister may delegate any of his or her powers, duties or functions under this Act to the Minister of Fisheries and Oceans for any period and under any terms and conditions that the Minister considers appropriate. Delegation — Minister of Fisheries and Oceans (2) The Minister of Fisheries and Oceans may delegate any of his or her powers, duties or functions under this Act to the Minister for any period and under any terms and conditions that the Minister of Fisheries and Oceans considers appropriate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 8
Obligation to consult — Minister of Fisheries and Oceans 8 (1) For the purposes of this Act, the Minister of Fisheries and Oceans may determine whether a vessel or wreck poses, or may pose, a hazard and, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister to the extent that it is possible to do so. Consultation — matters (2) The consultation with the Minister is to include the following matters: (a) any proposed salvage plans; and (b) if relevant, whether the vessel or wreck poses, or may pose, a hazard (i) to navigation, (ii) to a public port or public port facility , as defined in subsection 2(1) of the Canada Marine Act , or (iii) to transportation infrastructure in respect of which Parliament has jurisdiction.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 9
Obligation to consult — Minister 9 (1) For the purposes of this Act, if the Minister of Fisheries and Oceans has, under subsection 7 (2), delegated his or her power to the Minister to determine whether a vessel or wreck poses, or may pose, a hazard, the Minister, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister of Fisheries and Oceans to the extent that it is possible to do so. Consultation — matters (2) The consultation with the Minister of Fisheries and Oceans is to include, if relevant, whether the vessel or wreck poses, or may pose, a hazard (a) to the environment; (b) to aquatic wildlife or their habitat and ecosystems; (c) to fisheries and aquaculture; or (d) to a scheduled harbour , as defined in section 2 of the Fishing and Recreational Harbours Act .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 10
Validity of determination not affected 10 The failure to comply with the obligation under section 8 or 9 does not affect the validity of the determination of the Minister or the Minister of Fisheries and Oceans.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 11
Exclusion 11 Subject to any conditions that the Minister considers appropriate, he or she may, by order, exclude a vessel or wreck that is specified in the order from the application of all or part of this Act, if the Minister is of the opinion that it would be in the public interest to do so.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 12
Suspension, cancellation and refusal to issue or renew 12 (1) The Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may suspend, cancel or refuse to issue or renew any document, including a certificate, licence or permit, that may be issued under that Act, if the applicant or the holder of the document (a) has contravened a direction given under this Act; (b) has not paid a fine or penalty imposed on them under this Act; or (c) has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21 (2) and (3), section 22 , paragraphs 30 (3)(a) to (c), sections 35 and 36 and subsection 37 (3). Corporation (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may take the measures referred to in that subsection if a director, officer, agent or mandatary of the corporation (a) has contravened a direction given under this Act; (b) has not paid a fine or penalty imposed on them under this Act; or (c) has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21 (2) and (3), section 22 , paragraphs 30 (3)(a) to (c), sections 35 and 36 and subsection 37 (3).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 13
Disclosure by Minister or Minister of Fisheries and Oceans 13 (1) The Minister and the Minister of Fisheries and Oceans may, on their own initiative or on request, disclose to each other, to an enforcement officer or to any person authorized to exercise powers or perform duties or functions under this Act any information collected or obtained under this Act, the Fishing and Recreational Harbours Act , the Canadian Navigable Waters Act , the Canada Marine Act or the Canada Shipping Act, 2001 , to the extent that the disclosure is necessary for the administration of this Act. Disclosure by enforcement officer or authorized person (2) An enforcement officer and any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to each other, to the Minister or to the Minister of Fisheries and Oceans any information collected or obtained under this Act, to the extent that the disclosure is necessary for the administration of this Act. 2019, c. 1, s. 13 2019, c. 28, s. 195
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 14
Disclosure to Chief Registrar, registrar or authorized person 14 (1) The Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 or to any person authorized to exercise powers or perform duties or functions under the Canada Shipping Act, 2001 any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001 . Disclosure to Minister (2) The Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Minister any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001 .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 15
Definitions 15 (1) The following definitions apply in this Part. Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001 . ( bâtiment canadien ) owner , in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. ( propriétaire ) vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. ( bâtiment ) Words and expressions defined (2) For the purposes of this Part, unless otherwise provided, words and expressions used in this Part have the same meaning as in the Wreck Removal Convention. Extended meaning of expression (3) For the purposes of the application of the Wreck Removal Convention, in cases where Canada is the affected State, the definition Convention area in Article 1 of that Convention is to be read as including Canada. Clarification (4) For the purposes of the application of the Wreck Removal Convention, any reference to a “State Party” in the provisions of that Convention referred to in section 16 is, for greater certainty, to be read as including Canada.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001 . ( bâtiment canadien )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
owner , in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. ( propriétaire )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. ( bâtiment )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 16
Force of law 16 Article 1, paragraphs 1 and 3 of Article 3, paragraphs 1, 2 and 4 of Article 4, paragraph 2 of Article 5, Article 6, paragraphs 2 and 3 of Article 9, Articles 10 and 11, paragraphs 1 to 3, 5 to 10 and 13 of Article 12 and Article 13 of the Wreck Removal Convention have the force of law in Canada.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 17
Inconsistency 17 In the event of any inconsistency between this Part and the Wreck Removal Convention, this Part prevails to the extent of the inconsistency.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 18
Application 18 This Part applies in respect of (a) vessels in Canadian waters or in the exclusive economic zone of Canada; (b) Canadian vessels, wherever they are; and (c) wrecks (i) that are located in the Convention area of a State Party to the Wreck Removal Convention, and (ii) that are the result of a maritime casualty.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 19
Obligation to report 19 (1) Subject to subsection (2), if a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001 , unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report. Canadian vessels abroad (2) If the vessel referred to in subsection (1) is a Canadian vessel located in the Convention area of a State Party to the Wreck Removal Convention other than Canada, the report under subsection (1) must be made to the government of that state, unless another person has been designated by that state, in which case it must be made to that person. Designation (3) The Minister of Fisheries and Oceans may designate persons or classes of persons for the purposes of subsection (1).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 20
Marking 20 Unless otherwise directed by the Minister of Fisheries and Oceans, the owner of a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — that was involved in a maritime casualty that resulted in a wreck that poses a hazard must ensure that all reasonable steps are taken without delay to mark the wreck with markings that conform to the internationally accepted system of buoyage in use in the area where the wreck is located.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 21
Direction — locating, marking and removal 21 (1) If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard, he or she may direct the owner of the vessel that was involved in the maritime casualty that resulted in the wreck, within the time that he or she specifies, to (a) take all measures that that Minister considers practicable to establish the precise location of the wreck; and (b) take all measures that that Minister considers proportionate to the hazard to mark or remove the wreck. Measures — Minister of Fisheries and Oceans (2) If the measures referred to in subsection (1) are not taken within the period specified by the Minister of Fisheries and Oceans, he or she may take the measures. Measures — owner cannot be contacted (3) If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and the owner of the vessel that was involved in the maritime casualty that resulted in the wreck cannot be contacted, the Minister of Fisheries and Oceans may take the measures referred to in subsection (1).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 22
Immediate action required 22 If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and that a measure referred to in subsection 21 (1) must be taken immediately, he or she may take the measure.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 23
Owner 23 Subject to any limit set out in the Marine Liability Act , the liability of the owner of a vessel for the purposes of Article 10 of the Wreck Removal Convention also includes (a) the costs and expenses incurred by any person in Canada or any person in a state, other than Canada, that is a party to that Convention, including those incurred by the Minister of Fisheries and Oceans in determining whether a wreck poses a hazard, if he or she determined that it posed one; and (b) any loss or damage caused by the measures taken in accordance with this Act.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 24
Absence of certificate 24 (1) Unless a vessel of 300 gross tonnage and above carries a certificate described in paragraph 2 of Article 12 of the Wreck Removal Convention and issued in accordance with subsection 25 (1), the vessel must not (a) enter or leave a port in Canadian waters or in the exclusive economic zone of Canada or arrive at or leave an offshore facility in Canadian waters or in the exclusive economic zone of Canada; or (b) operate, if it is a Canadian vessel. Certificate to be produced on request (2) Unless, in accordance with paragraph 13 of Article 12 of the Wreck Removal Convention, the certificate is not required to be carried on board the vessel, the master, a crew member or any person on board who is, or appears to be, in charge of the vessel must produce the certificate and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 25
By whom certificate must be issued 25 (1) The certificate must be issued (a) if the vessel is a Canadian vessel, by the Minister; (b) if the vessel is registered, listed, recorded or licensed in a state, other than Canada, that is a party to the Wreck Removal Convention, by or under the authority of the government of that state; or (c) if the vessel is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to that Convention. Designation by Minister (2) The Minister may designate persons or classes of persons to issue, refuse or revoke a certificate on the Minister’s behalf. Issuance of certificate by Minister (3) Subject to the regulations, on an application to the Minister for a certificate in respect of a Canadian vessel or a vessel registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, the Minister must issue the certificate to the owner of the vessel — in printed or electronic form, or both — if he or she is satisfied that a contract of insurance or other financial security satisfying the requirements of Article 12 of that Convention will be in force in respect of the vessel throughout the period for which the certificate is issued. When Minister may refuse certificate (4) Subject to the regulations, if the Minister is of the opinion that the insurer or guarantor will be unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security will not satisfy the requirements of that Article, the Minister may refuse to issue the certificate. When Minister may revoke certificate (5) Subject to the regulations, the Minister may revoke the certificate issued by him or her if the Minister is of the opinion that the insurer or guarantor is unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security does not satisfy the requirements of that Article.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 26
Towing 26 (1) Subject to the regulations, the Minister may, on any terms and conditions that he or she considers necessary, exempt a vessel that is not registered, listed, recorded or licensed from the application of section 24 , for the period during which it is being towed, if he or she is satisfied that a contract of insurance or other financial security in an amount equal to that set out in paragraph 1 of Article 12 of the Wreck Removal Convention will be in force in respect of the vessel while it is being towed and the insurer or guarantor will be able to meet their obligations under the contract of insurance or other financial security. Proof to be produced on request (2) The master, a crew member or any person on board who is, or appears to be, in charge of the vessel that is towing a vessel that has been exempted under subsection (1) must produce proof of the exemption and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 27
Definitions 27 The following definitions apply in this Part. dilapidated vessel means a vessel that meets any prescribed criteria and (a) is significantly degraded or dismantled; or (b) is incapable of being used for safe navigation. ( bâtiment délabré ) hazard means any condition or threat that may reasonably be expected to result in harmful consequences to the environment, coastlines, shorelines, infrastructure or any other interest, including the health, safety, well-being and economic interests of the public. It does not include harmful consequences that are excluded by the regulations. ( danger ) wreck means (a) a vessel, or part of a vessel, that is sunk, partially sunk, adrift, stranded or grounded, including on the shore; or (b) equipment, stores, cargo or any other thing that is or was on board a vessel and that is sunk, partially sunk, adrift, stranded or grounded, including on the shore. ( épave )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
dilapidated vessel means a vessel that meets any prescribed criteria and (a) is significantly degraded or dismantled; or (b) is incapable of being used for safe navigation. ( bâtiment délabré )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
hazard means any condition or threat that may reasonably be expected to result in harmful consequences to the environment, coastlines, shorelines, infrastructure or any other interest, including the health, safety, well-being and economic interests of the public. It does not include harmful consequences that are excluded by the regulations. ( danger )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 (a)
wreck means (a) a vessel, or part of a vessel, that is sunk, partially sunk, adrift, stranded or grounded, including on the shore; or (b) equipment, stores, cargo or any other thing that is or was on board a vessel and that is sunk, partially sunk, adrift, stranded or grounded, including on the shore. ( épave )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 28
Application 28 Unless otherwise provided, this Part applies in respect of (a) wrecks and Canadian vessels in Canadian waters and in the exclusive economic zone of Canada; and (b) all other vessels in Canadian waters.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 29
Exclusions 29 This Part does not apply in respect of vessels that are less than 5.5 m in length and are designed to be primarily human-powered or wind-powered, including those that have become wrecks.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 30
Dilapidated vessel 30 (1) It is prohibited for an owner of a dilapidated vessel to leave it stranded, grounded, including on the shore, anchored or moored in the same location — or within a radius of three nautical miles of, or, if a radius is prescribed, within that prescribed radius of that location — for a period of 60 consecutive days or, if a number of consecutive days is prescribed, that number of consecutive days. Exception — consent (2) An owner of a dilapidated vessel does not contravene subsection (1) if they obtain the express consent to leave the vessel, at each location where the vessel is situated during the period referred to in that subsection, of a person that has the authority to give that consent as owner, manager or lessee of the location. The onus of proving that consent is on the owner of the dilapidated vessel. Measures (3) If subsection (1) has been contravened, the Minister may (a) take the measures that he or she considers necessary in respect of the dilapidated vessel or its contents, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them; (b) monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and (c) if he or she considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.