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

Assented to 2001-11-01

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.

Marginal note:Unpaid salvage, fees, expenses

 If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.

Marginal note:Release of wreck

 On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.

Regulations

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

    • (a) exempting any geographical area from the application of this Part; and

    • (b) for carrying out the purposes and provisions of this Part.

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

    (2) The Governor in Council may, on the joint recommendation of the Minister and the Minister of Canadian Heritage, make regulations

    • (a) specifying wreck or classes of wreck that have heritage value;

    • (b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;

    • (c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

    • (d) authorizing the Minister and the Minister of Canadian Heritage 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 or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

    • (e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

    • (f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and

    • (g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

  • Marginal note:Debt due to Her Majesty

    (3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.