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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Rights Not Affected

Marginal note:Salvage

 Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.

Obligations in Case of Collisions

Marginal note:Duty of masters in collision

 If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

  • (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

  • (b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

Marginal note:Inquiry into cause of death on board
  •  (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

  • Marginal note:Powers of Minister

    (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

    • (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

    • (b) enter and inspect any premises at any reasonable time.

  • Marginal note:Warrant required to enter living quarters

    (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for the purpose of an inquiry; and

    • (b) has been refused or there are reasonable grounds for believing that it will be refused.

  • Marginal note:Use of force

    (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Regulations

Marginal note:Regulations — Minister
  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

    • (b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;

    • (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

    • (d) prescribing anything that may be prescribed under this Part.

  • Marginal note:Regulations — Minister and Minister of Canadian Heritage

    (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Canadian Heritage, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

Offences and Punishment

Marginal note:Contravention of paragraph 148(a) or the regulations
  •  (1) Every person commits an offence who contravenes

    • (a) paragraph 148(a) (render assistance after a collision); or

    • (b) a provision of the regulations made under paragraph 150(1)(a).

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of Act or regulations
  •  (1) Every person commits an offence who contravenes

    • (a) paragraph 148(b) (failure to provide information after a collision); or

    • (b) a provision of the regulations made under paragraph 150(1)(c) or subsection 150(2).

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

PART 7WRECK

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans.

“wreck”

« épave »

“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.

Designation of Receivers of Wreck

Marginal note:Designation
  •  (1) The Minister may designate persons or classes of persons as receivers of wreck.

  • Marginal note:Authorization

    (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

  • Marginal note:Immunity

    (3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.

Found Wreck

Marginal note:Duty of persons taking possession of wreck
  •  (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

    • (a) report it to a receiver of wreck and provide the information and documents requested; and

    • (b) take any measures with respect to the wreck that the receiver of wreck directs, including

      • (i) delivering it to the receiver of wreck within the period specified by the receiver, or

      • (ii) keeping it in their possession in accordance with the instructions of the receiver.

  • Marginal note:Notice

    (2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

  • Marginal note:Discretion

    (3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.

Marginal note:Salvage award
  •  (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

  • Marginal note:Nature of award

    (2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.

Marginal note:Prohibition

 No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.

Marginal note:Delivery of wreck or proceeds of disposition

 A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and

  • (a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);

  • (b) establishes their claim to the satisfaction of the receiver; and

  • (c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.

Marginal note:Interpleader in case of wreck
  •  (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.

  • Marginal note:Maximum award

    (2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.

Disposition of Wreck

Marginal note:When wreck may be disposed of
  •  (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,

    • (a) after 90 days following the date that the wreck was reported under paragraph 155(1)(a); or

    • (b) at any time if, in the receiver’s opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.

  • Marginal note:Proceeds held by receiver of wreck

    (2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).

  • Marginal note:Payment to CRF

    (3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund

    • (a) if no claim has been submitted in accordance with paragraph 158(a); or

    • (b) if a claim has not been established within the period that the receiver of wreck considers appropriate.

 

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