GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 31
Vessel adrift 31 It is prohibited for an owner of a vessel to leave it adrift for a period of 48 hours without taking measures to secure it.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 32
Abandoned vessel 32 (1) It is prohibited for an owner of a vessel to abandon it. Presumption — abandonment (2) An owner of a vessel is, in the absence of evidence to the contrary, presumed to have abandoned it if they leave the vessel unattended for a period of two years. For greater certainty (3) For greater certainty and despite subsection (2), it is not necessary for an owner to leave a vessel unattended for a period of two years for the owner to be found to have contravened subsection (1). Exception (4) An owner of a vessel who abandons it does not contravene subsection (1) if (a) the abandonment is in accordance with a Canadian permit , as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999 , authorizing the disposal of the vessel; (b) the abandonment is in accordance with any other Act of Parliament or of the legislature of a province; (c) the abandonment is temporary and necessary to avert a danger to human life; or (d) it is a wreck , as defined in Article 1 of the Wreck Removal Convention, and its owner complies with Part 1.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 33
Vessel becoming wreck 33 It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 34
Sinking, stranding or grounding vessel 34 (1) It is prohibited for a person in charge of a vessel to knowingly cause it to sink or partially sink or to be stranded or grounded, including on the shore. Exception (2) A person in charge of a vessel that knowingly causes it to sink or partially sink or to be stranded or grounded, including on the shore, does not contravene subsection (1) if (a) they do so in accordance with any other Act of Parliament or of the legislature of a province; (b) they cause it to sink in accordance with a Canadian permit , as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999 , authorizing the disposal of the vessel; or (c) they cause it to be stranded or grounded so as to avert a danger to human life.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 35
Sale, destruction or other disposition 35 The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 36
Minister of Fisheries and Oceans — general powers 36 If the Minister of Fisheries and Oceans has reasonable grounds to believe that a vessel or wreck poses, or may pose, a hazard, he or she (a) may take the measures that he or she considers necessary to prevent, mitigate or eliminate the hazard, including by repairing, securing, moving or removing of the vessel, the wreck or their contents or selling, dismantling, destroying or otherwise disposing of them; (b) may monitor the measures taken by any person to prevent, mitigate or eliminate the hazard; and (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 37
Power related to dilapidated vessel 37 (1) The Minister of Fisheries and Oceans may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with that Minister’s directions if the vessel is (a) in a scheduled harbour , as defined in section 2 of the Fishing and Recreational Harbours Act ; or (b) on any property belonging to Her Majesty in right of Canada for which the Minister of Fisheries and Oceans is responsible. Power related to dilapidated vessel (2) The Minister may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with the Minister’s directions if the vessel is (a) located in a public port or public port facility , as defined in subsection 2(1) of the Canada Marine Act ; or (b) on any property belonging to Her Majesty in right of Canada, other than a scheduled harbour or property referred to in subsection (1). Failure to comply with direction (3) If the measures referred to in subsection (1) or (2) are not taken in accordance with the directions given, the Minister who gave them (a) may take the measures that he or she considers necessary, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them; (b) may 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, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so. Authorized representative or owner unknown or not located (4) If the authorized representative or, in the absence of an authorized representative, the owner, is unknown or cannot be located, the Minister of Fisheries and Oceans or the Minister, as the case may be, may take any of the measures referred to in paragraphs (3)(a) to (c).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 38
Authorization to take possession 38 (1) If any vessel or other thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in Canadian waters, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public. Notification (2) The Minister must not authorize a person to take possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so (a) to its owner; or (b) to the public, if its owner is unknown or cannot be located. Consent not required (3) A person that is authorized to take possession of a vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft license for it under the Canada Shipping Act, 2001 .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 39
Disposition of vessel, wreck or contents 39 The Minister or the Minister of Fisheries and Oceans may sell, dismantle, destroy or otherwise dispose of a vessel, a wreck or their contents under paragraph 30 (3)(a), section 35 , paragraph 36 (a) or 37 (3)(a) or subsection 37 (4) only if (a) 30 days have elapsed after the day on which notice of his or her intention to dispose of it was given to (i) the public, (ii) the authorized representative of the vessel or, in the absence of an authorized representative, its owner, if known, (iii) the owner of the wreck or the contents, if known, (iv) the holder of any mortgage or hypothec against the vessel that is registered on the register in which the vessel is recorded, (v) the holder of any maritime lien against the vessel or the holder of any similar interest or right, if known, and (vi) the holder of any lien against the contents or the holder of any similar interest or right, if known; (b) the vessel, the wreck or their contents are, in his or her opinion, likely to deteriorate rapidly; or (c) the disposition is made under paragraph 36 (a) and the Minister of Fisheries and Oceans is of the opinion that it must be made in a period of less than 30 days to prevent, mitigate or eliminate the hazard.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 40
At risk, cost and expense of owner 40 The disposition is at the risk, cost and expense of the owner of the vessel, wreck or contents.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 41
Payment of proceeds 41 If a vessel, a wreck or their contents are disposed of under paragraph 30 (3)(a), section 35 , paragraph 36 (a) or 37 (3)(a) or subsection 37 (4), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition must be paid to the Minister or the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under subsection 30 (3), section 35 or 36 or subsection 37 (3) or (4), and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains must be paid to the owner of the vessel, the wreck or their contents or, if proceedings have been commenced under this Act, must be retained by the Minister or the Minister of Fisheries and Oceans, as the case may be, pending the outcome of the proceedings.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 42
Federal Court directions 42 The Minister or the Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in section 41 .
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 43
Clear title 43 When a vessel, a wreck or their contents are sold or otherwise disposed of under paragraph 30 (3)(a), section 35 , paragraph 36 (a) or 37 (3)(a) or subsection 37 (4), the Minister or the Minister of Fisheries and Oceans may give the person acquiring it a valid title to the vessel, the wreck or their contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 44
Compensation 44 Compensation must be paid by Her Majesty in right of Canada to any vessel or person that has complied with a direction issued under paragraph 30 (3)(c), 36 (c) or 37 (3)(c) or subsection 37 (4), other than (a) an owner that contravened subsection 30 (1); (b) an authorized representative or owner that was the subject of a direction under subsection 37 (1) or (2); or (c) a vessel or wreck that was the subject of measures under section 36 or subsection 37 (3) or (4), or the person in charge of that vessel or wreck.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 45
Liability of owner 45 (1) The owner of a vessel or wreck is liable for the costs and expenses incurred by (a) the Minister (i) in respect of measures taken under paragraph 30 (3)(a), section 35 , paragraph 37 (3)(a) or subsection 37 (4) and any loss or damage caused by those measures, (ii) in respect of any monitoring under paragraph 30 (3)(b) or 37 (3)(b) or subsection 37 (4), (iii) in relation to any direction given under paragraph 30 (3)(c) or 37 (3)(c) or subsection 37 (4), and (iv) in relation to the use of property under subsection 86 (5); (b) the Minister of Fisheries and Oceans (i) in respect of measures taken under paragraph 36 (a) (including any costs and expenses incurred by the Minister of Fisheries and Oceans in determining whether a vessel or wreck poses a hazard, if he or she determined that it posed one) or 37 (3)(a) or subsection 37 (4) and any loss or damage caused by those measures, (ii) in respect of any monitoring under paragraph 36 (b) or 37 (3)(b) or subsection 37 (4), (iii) in relation to any direction given under paragraph 36 (c) or 37 (3)(c) or subsection 37 (4), and (iv) in relation to the use of property under subsection 86 (5); and (c) any other person, in cases where no compensation is paid by Her Majesty in right of Canada, (i) in respect of the measures that they were directed to take or to refrain from taking under paragraph 30 (3)(c), 36 (c) or 37 (3)(c) or subsection 37 (4) and any loss or damage caused by those measures, and (ii) in respect of any loss or damage caused by the use of property under subsection 86 (5). Limitation or prescription period (2) No action lies in respect of the liability referred to in subsection (1) if it is commenced more than six years after the day on which the first measure was taken in respect of the vessel or wreck under any of paragraphs 30 (3)(a) to (c), section 35 , paragraphs 36 (a) to (c) and 37 (3)(a) to (c) and subsections 37 (4) and 86 (5). Liability for costs and expenses (3) If there is more than one owner of a vessel or wreck, the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 46
Direction to vessel 46 For the purposes of this Part, a direction is deemed to have been given to the vessel and is binding on it 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.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 47
Inconsistency — Part 1 47 (1) In the event of any inconsistency between Part 1 and this Part, Part 1 prevails to the extent of the inconsistency. Inconsistency — directions (2) Any direction under this Part that is inconsistent with a direction under any other Act of Parliament is void to the extent of the inconsistency.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 48
Definitions 48 (1) The following definitions apply in this Part. Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. ( bâtiment appartenant à Sa Majesté ) Salvage Convention means the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 2. ( Convention sur l’assistance ) Clarification (2) For the purposes of the application of the Salvage Convention, any reference to a “State Party” in the provisions referred to in subsection 50 (1) is, for greater certainty, to be read as including Canada.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. ( bâtiment appartenant à Sa Majesté )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3
Salvage Convention means the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 2. ( Convention sur l’assistance )
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 49
Vessels 49 This Part applies in respect of vessels registered, listed, recorded or licensed under the Canada Shipping Act, 2001 , wherever they are, and in respect of all other vessels in Canadian waters.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 50
Salvage Convention 50 (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 2, Articles 1 to 9, paragraphs 1 and 3 of Article 10 and Articles 11 to 26 of the Salvage Convention have the force of law in Canada. Inconsistent laws (2) In the event of any inconsistency between the Salvage Convention and this Act or the Canada Shipping Act, 2001 or the regulations made under those Acts, the Convention prevails to the extent of the inconsistency.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 51
When salvage services may be claimed 51 (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members of the Crown vessel may claim salvage for salvage services only if the Crown vessel is a tug or is specially equipped with a salvage plant. Rights and limitations (2) In respect of salvage services that may be claimed under subsection (1), (a) Her Majesty and the master and crew members have the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the institution of proceedings in respect of the claim is proved. Time for giving consent (3) For the purposes of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication. Evidence of consent (4) Any document that purports to give the consent of the Governor in Council for the purposes of paragraph (2)(b) is evidence of that consent. Claim dismissed if no consent (5) If proceedings in respect of a claim are instituted by the master or a crew member and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 52
Governor in Council may accept offers of settlement 52 (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels. Distribution (2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 53
Proceedings within two years 53 (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered. Extension of period by court (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it considers appropriate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 54
Aircraft treated as if vessel 54 The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 55
Salvage 55 Compliance with section 130, 131 or 132 of the Canada Shipping Act, 2001 does not affect the right of a master or of any other person to salvage.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 56
Definition of wreck 56 In this Part, wreck includes (a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and (b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 57
Designation 57 (1) The Minister may designate persons or classes of persons as receivers of wreck. Authorization (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers or perform any of their duties or functions.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 58
Obligation to report 58 (1) A person must report a wreck whose owner is unknown or cannot be located to a receiver of wreck, in the form and manner specified by the receiver of wreck, (a) as soon as feasible after taking possession of it under paragraph (3)(a); (b) before taking possession of it, other than under paragraph (3)(a), if the wreck was found in Canada; or (c) as soon as feasible, if the person brings the wreck into Canada. Exception (2) Subsection (1) does not apply in respect of a wreck that is a thing that could not reasonably be expected to be identified as having been part of or on a vessel or aircraft. Finding wreck (3) It is prohibited for a person that finds a wreck in Canada whose owner is unknown or cannot be located to take possession of it unless (a) the wreck is in danger and the possession is necessary to secure or otherwise protect it; or (b) that person has been authorized to do so by the receiver of wreck under paragraph (4)(a). Powers of receiver of wreck (4) On receipt of a report referred to in subsection (1), a receiver of wreck may (a) authorize the person that made the report to take possession of the wreck; (b) direct the person that made the report to (i) provide any additional information that the receiver specifies, (ii) take the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver specifies, including delivering it to the receiver or keeping it in their possession, in accordance with his or her instructions, and (iii) take the measures that the receiver specifies to determine the owner of the wreck, including giving notice that the wreck was reported, in the form and manner that the receiver considers appropriate; and (c) take, or authorize any other person to take, the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver considers appropriate.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 59
Salvage award 59 (1) The following persons are entitled to a salvage award to be determined by the receiver of wreck: (a) a person that took possession of a wreck and that was authorized to do so under paragraph 58 (4)(a); and (b) a person that reported a wreck under paragraph 58 (1)(a) or (c). Nature of award (2) The salvage award may consist of the wreck, part of the wreck or all or part of the proceeds of its disposition. Reimbursement of costs and expenses (3) A person that has complied with a direction given to them under subparagraph 58 (4)(b)(iii) or that has taken a measure under paragraph 58 (4)(c) is entitled to the reimbursement of any costs and expenses incurred by them in doing so from the person that pays them under paragraph 61 (d) or, if no payment is made under that paragraph, from the receiver of wreck.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 60
Prohibition — selling, dismantling, etc. 60 (1) Except as authorized under this Part, it is prohibited for a person to sell, dismantle, destroy or otherwise dispose of a wreck that was required to be reported under subsection 58 (1). Prohibition — concealing or disguising (2) It is prohibited for a person to conceal a wreck, or use any means to disguise or conceal the fact that anything is a wreck, if the person knows that it has not been reported to a receiver of wreck under subsection 58 (1).
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 61
Claim to wreck 61 A receiver of wreck must release a wreck or pay the proceeds of its disposition under subsection 63 (1) to a person that claims ownership of the wreck and that (a) submits, in the form and manner specified by the Minister, a claim to the receiver within 30 days after the day on which notice was given under paragraph 63 (1)(a); (b) establishes their claim to the satisfaction of the receiver; (c) pays to the receiver the receiver’s costs and expenses and the prescribed fees; (d) pays to the person entitled to a reimbursement under subsection 59 (3) the costs and expenses referred to in that subsection; and (e) pays to the person entitled to the salvage award under subsection 59 (1) the salvage award determined by the receiver.
Wrecked, Abandoned or Hazardous Vessels Act — W-12.3 62
Interpleader in case of wreck 62 (1) If two or more persons claim a wreck or proceeds of the disposition of a wreck, or if a person disputes the amount or value of the salvage award determined by the receiver of wreck, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter. Maximum award (2) A salvage award that a court makes under subsection (1) must not exceed the value of the wreck.