GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 109
Governor in Council 109 For the purposes of sections 90 to 108 , the Governor in Council may, on the recommendation of the Minister, make regulations (a) designating as a violation — in addition to a violation that is already set out in subsection 90 (1) or (2) — the contravention of (i) any specified provision of this Act or of the regulations, or (ii) any direction given under any specified provision of this Act or of the regulations; (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90 (4) or (5), as the case may be; (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account; (d) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and (e) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel.
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Offence — persons 110 (1) Every person that contravenes any of the following commits an offence: (a) subsection 24 (2) or 26 (2); (b) subsection 19 (1), section 20 , 31 or 33 , subsection 58 (1) or (3), section 60 or subsection 82 (7) or (8); (c) subsection 30 (1), 32 (1) or 34 (1) or section 70 , 78 , 83 , 87 or 88 ; (d) a direction given under paragraph 37 (3)(c), 58 (4)(b), 67 (2)(e), (k) or (m) or (3)(a), 74 (2)(e), (k) or (m) or (3)(a) or 84 (1)(b); (e) a direction given under subsection 21 (1), paragraph 30 (3)(c) or 36 (c), subsection 37 (1) or (2) or paragraph 67 (4)(b); (f) a provision of the regulations. Offence — vessels (2) Every vessel that contravenes any of the following commits an offence: (a) paragraph 24 (1)(a) or (b); (b) a direction given under paragraph 37 (3)(c), 67 (3)(b) or 74 (3)(b) or subsection 74 (4); (c) a direction given under paragraph 30 (3)(c) or 36 (c) or subsection 67 (4); (d) a provision of the regulations. Punishment — certificates (3) Every person or vessel that commits an offence under paragraph (1)(a) or (2)(a) is liable on summary conviction to a fine of not more than $100,000. Punishment — individuals (4) Every individual who commits an offence under paragraph (1)(c) or (e) is liable (a) on conviction on indictment to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or (b) on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both. Punishment — individuals (5) Every individual who commits an offence under any of paragraphs (1)(b), (d) and (f) is liable on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both. Punishment — other persons and vessels (6) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(c) and (e) and (2)(c) is liable (a) on conviction on indictment to a fine of not less than $500,000 and not more than $6,000,000; or (b) on summary conviction to a fine of not less than $100,000 and not more than $4,000,000. Punishment — other persons and vessels (7) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(b), (d) and (f) and (2)(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.
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Relief from minimum fine 111 The court may impose a fine that is less than the minimum amount provided for in subsections 110 (4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.
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Continuing offences 112 If an offence under section 110 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
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Court order 113 If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence; (c) directing the person to pay the Minister or the Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and (d) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 114
Service 114 (1) If a vessel is charged with an offence under subsection 110 (2), the summons must be served (a) by delivering it to the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel. Appearance at trial (2) If a vessel is charged with an offence under subsection 110 (2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code , if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.
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Proof of offence by vessel 115 In a prosecution of a vessel for an offence under subsection 110 (2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified.
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Party to offence committed by vessel 116 (1) If a vessel commits an offence under subsection 110 (2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted. Party to offence committed by corporation (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
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Offence by employee or agent or mandatary 117 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.
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Direction to vessel 118 For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel if (a) the direction is given to the authorized representative or a person in charge of the vessel; or (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.
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Due diligence defence — persons 119 (1) A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they establish that they exercised due diligence to prevent its commission. Due diligence defence — vessels (2) A vessel must not be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
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Limitation or prescription period 120 (1) Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings. Certificate (2) A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the subject matter on that day. Defendant outside Canada (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.
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Forfeiture 121 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. Return where no forfeiture ordered (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner. Protection of persons claiming interest (3) The provisions of sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act.
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Retention or disposition 122 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.
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Jurisdiction in relation to offences 123 If a person or a vessel is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or vessel within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.
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Reasonable grounds 124 (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a provision of this Act or the regulations may notify the minister responsible for administering that provision of the particulars of the matter and may request that their identity be kept confidential with respect to the notification. Confidentiality (2) The identity of an individual to whom the Minister or the Minister of Fisheries and Oceans has provided an assurance of confidentiality may be disclosed by the Minister or the Minister of Fisheries and Oceans only in accordance with the Privacy Act .
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Injunction 125 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or (b) do an act that it appears to the court may prevent the commission of an offence under this Act. Notice (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
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Statutory Instruments Act 126 A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act .
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Immunity — personal liability 127 (1) The following persons are not personally liable for anything they do or omit to do under this Act unless it is established that they acted in bad faith: (a) a servant of the Crown , as those terms are defined in section 2 of the Crown Liability and Proceedings Act ; (b) a receiver of wreck and a person authorized or within a class of persons authorized under subsection 57 (2); and (c) an enforcement officer. Crown not relieved (2) Paragraphs (1)(a) and (b) do not, by reason of section 10 of the Crown Liability and Proceedings Act , relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject, except if a receiver of wreck, or a person authorized or within a class of persons authorized under subsection 57 (2), disposes of or releases a wreck or pays the proceeds of its disposition in accordance with Part 4.
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Immunity — civil or criminal liability 128 (1) A person, other than an owner that contravened subsection 30 (1) and an owner of a vessel that was the subject of measures under section 35 or 36 or subsection 37 (3) or (4), that provides assistance or advice to the Minister, the Minister of Fisheries and Oceans or an enforcement officer in taking or refraining from taking measures under this Act, or that is directed to take or refrain from taking measures under paragraph 30 (3)(c), 36 (c) or 37 (3)(c) or subsection 37 (4), in respect of any act or omission in the course of providing assistance or advice or taking or refraining from taking any measures, does not incur (a) civil liability, unless it is established that the person acted in bad faith; or (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances. Immunity — accompanying persons (2) Any person accompanying the Minister, an enforcement officer or the Minister of Fisheries and Oceans does not incur, in respect of that which is authorized by subsections 86 (2) to (4), (a) civil liability, unless it is established that the person acted in bad faith; or (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.
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Costs constituting debt 129 (1) The amount of the costs and expenses incurred by the Minister or the Minister of Fisheries and Oceans, in respect of measures taken under any of subsections 21 (2) and (3), section 22, paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and subsection 37(3) and (4) or in relation to the use of property under subsection 86(5), constitutes a debt due to Her Majesty in right of Canada that may be recovered (a) in the case of measures taken under subsection 21 (2) or (3) or section 22 , from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck; (b) in the case of measures taken under any of paragraphs 30 (3)(a) to (c), section 35 , paragraphs 36 (a) to (c) and subsections 37 (3) and (4), from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred; or (c) in the case of property used under subsection 86(5), (i) if a wreck is subject to Part 1, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck, or (ii) in all other cases, from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred. Liability (2) If more than one person was the owner of the vessel referred to in subsection (1), the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Other remedies available (3) Nothing in this Act prevents a debt referred to in subsection (1) from being recovered from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.
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 in any court of competent jurisdiction. Payment of fees, charges, costs or expenses (3) If a fee is imposed under paragraph (1)(o) or a fee, charge, cost or expense is to be paid under paragraph (1)(o.1) (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense; (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense; and (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense. Seizure and detention for charges (4) If the amount of a fee owed by an authorized representative of a Canadian vessel or by the owner of a vessel that is not a Canadian vessel has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing the Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate. Release on security (5) The Minister must release a seized vessel if security in a form satisfactory to him or her for the amount in respect of which the vessel was seized is deposited with the Minister. Exemption by Minister (6) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any person or vessel, or class of persons or vessels, from the requirement to pay any fee, charge, cost or expense under regulations made under paragraph (1)(o.1) if, in the opinion of the Minister, it is in the public interest to do so. The Minister may also cancel such an exemption. Statutory Instruments Act (7) An exemption made under subsection (6) and any cancellation of such an exemption are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act . 2019, c. 1, s. 130 2023, c. 26, s. 434
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Regulations — Minister and Minister responsible for Parks Canada Agency 131 (1) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations (a) respecting the salvage of wrecks or classes of wrecks specified by regulations made under paragraph (b); (b) specifying wrecks or classes of wrecks that have heritage value, including ocean war graves; (c) respecting the protection and preservation of wrecks or classes of wrecks that have heritage value, including ocean war graves, and providing for the issuance of permits to access those wrecks; (d) authorizing the designation of enforcement officers to ensure compliance with the regulations made under any of paragraphs (b) and (c) and (e) to (h), and specifying their powers, duties and functions; (e) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person with whom an agreement or arrangement is entered into to exercise the powers or perform the duties or functions under those regulations that are specified in the agreement or arrangement; (f) exempting wrecks or classes of wrecks that have heritage value, including ocean war graves, from the application of any provision of Part 4; (g) exempting any geographical area from the application of regulations made under paragraph (c) or (d); (h) respecting the setting and payment of fees, and the determination and payment of costs and expenses, for services provided in the administration of regulations made under this subsection; (i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b); (j) extending to wrecks or classes of wrecks that are specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and (k) extending the application of any provision of the regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b). Debt due to Her Majesty (2) All fees, costs and expenses referred to in paragraph (1)(h) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
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Section 20 of Navigation Protection Act 132 A notice given under section 20 of the Navigation Protection Act before the day on which section 138 comes into force is deemed to have been given under subsection 38 (2).
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139 [Repealed before coming into force, 2019, c. 28, s. 195]
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Review by committee 153 (1) As soon as possible after the fifth anniversary of the day on which section 4 comes into force, the provisions of this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions. Report (2) The committee to which the provisions are referred is to review them and the operation of this Act and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 Order in council
Order in council * 154 (1) The provisions of this Act, other than sections 38 , 138 and 139 , come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Sections 38 , 138 and 139 come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force July 30, 2019, see SI/2019-30.]
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
THE STATES PARTIES TO THE PRESENT CONVENTION,
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to navigation or the marine environment,