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

Act current to 2016-11-21 and last amended on 2015-02-26. Previous Versions

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 responsible for Parks Canada Agency

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

  • 2001, c. 26, s. 150;
  • 2005, c. 2, s. 8.

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 Transport. (ministre)

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. (épave)

  • 2001, c. 26, s. 153;
  • 2005, c. 29, s. 19.

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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